SPOTSYLVANIA COUNTY, Va. (WRIC) — A special grand jury indicted a Spotsylvania County deputy Thursday on a felony charge in connection to the shooting of Isiah Brown in April.

Brown, 32, was unarmed when he was shot multiple times by David Turbyfill on April 21. Turbyfill, who was charged with reckless handling of a firearm resulting in serious injury, reportedly mistook the phone Brown was holding while talking to 911 dispatch for a gun.

Turbyfill could face up to five years in prison if found guilty.

The attorney representing Brown, David Haynes, had told 8News that Brown was shot 10 times. After the shooting, Hayne’s said Brown’s condition was “touch and go.”

“In the 911 call, [Isiah] clearly told dispatch that he did not have a weapon more than 90 seconds before the deputy arrived,” Haynes told 8News in April. “He told dispatch that he was walking away from the house and away from anyone else and was on the roadway by himself.”

Body camera footage shows that Turbyfill fired multiple shots at Brown around 30 seconds after exiting his vehicle at the scene. Brown was hit numerous times and the deputy provided aid at the scene. Brown was then taken to the hospital.

On Thursday, Haynes wrote in a statement that Brown was shot eight times and he and his family are pleased with the indictment but the significant injuries he suffered “will undoubtedly impact him for the rest of his life.”

Brown underwent surgery to repair “extensive damage” to his intestines caused by the gunshot wounds. He was released from the hospital more than a month after the shooting.

“Isiah Brown’s life was shattered and changed forever when he crossed paths with David Turbyfill.  While this indictment doesn’t take Mr. Brown’s physical pain away, it does signify a measure of justice,” Haynes’ statement read. “We look forward to the successful prosecution of David Turbyfill.”

Brown and his family are calling for Turbyfill to be fired immediately and are also requesting that all audio communication between deputy and dispatch, video from the scene and Turbyfill’s employment records and personnel file be released.

While the Virginia State Police investigation was underway, Turbyfill was placed on administrative duties since the shooting.

Fredericksburg City Commonwealth’s Attorney La Bravia J. Jenkins told 8News that she will not be prosecuting the case since she will be retiring soon.

Following the indictment, the Spotsylvania County Sheriff’s Office released the following statement:

The Spotsylvania Sheriff’s Office is directing all media outlet inquiries about today’s indictment for the Sheriff’s Office employee to the Special Prosecutors office handle the officer involved shooting that occurred on April 21, 2021. The Deputy has been placed on administrative duties since the incident which is standard practice for this type of matter.

Spotsylvania County Sheriff’s Office

This is a developing story. Stay with 8News for updates.