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A Virginia man remains in critical condition after being shot ten times by a police officer, who allegedly mistook his phone for a gun.

Isaiah Brown, 32, was shot by a Spotsylvania County Sheriff’s deputy while on the phone with 911 dispatch. Brown had called police just after 3 a.m. on Wednesday because his brother wouldn’t let him into his mother’s room where his keys and other personal items were. The call was categorized as a domestic disturbance call.

According to David Haynes, the Brown family’s attorney, Brown was “having a difficult situation, mental stress,” and the situation was not violent.

When police arrived, Brown was standing outside the home and talking to the 911 dispatcher on a cordless house phone. The deputy who responds to the call appears to believe that the phone at his ear is a firearm. The deputy is heard saying, “He’s got a gun to his head.”

“Drop the gun,” he yells before opening fire. “Drop the gun, now!”

The deputy that fired the bullets has not been named and has been placed on administrative leave while a special state prosecutor investigates the shooting.

The deputy’s body camera footage and the 911 audio have been partially released.

According to Haynes, Brown had “communicated very clearly to dispatch that he had no weapon and there’s no reason that the deputy should not have been informed of that.”

A transcript of the call says Brown answered yes and no when asked by the dispatcher if he had a gun.

“This was clearly a failure of communication between the dispatch and the officers that arrived on scene,” Haynes said. “As a result of those failures, Isaiah Brown is in intensive care.”

Just 50 minutes before the shooting, Brown had been given a ride home by the same officer who fired the shots after his car broke down.

“The investigation remains ongoing at this time, so we are not in a position to comment on any circumstances related to the shooting. Once the investigation is concluded, state police will turn over the investigative findings to the special prosecutor for final review and adjudication,” said the state police in a statement on Monday.

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