OSINT Report: Phillip M. Brown - HSI Shooting & Documented Cover-Up During D.C. Traffic Stop¶

Date of Research: February 5, 2026 (enriched February 12, 2026)
Published by: Mortui Vivos Docent Intelligence Project
Subject: Phillip M. Brown - Shot at by HSI Agent During Routine Traffic Stop; Cover-Up Documented Under Oath
Type: officer-involved-shooting
Confidence: HIGH

Executive Summary¶

On October 17, 2025, Phillip M. Brown, a 33-year-old Black man and U.S. citizen from Hyattsville, Maryland, was shot at by a Homeland Security Investigations (HSI) agent during a routine traffic stop on Benning Road in Northeast Washington, D.C. Brown was pulled over for tinted windows and a missing front license plate -- minor infractions. The HSI agent fired at least three rounds into Brown's white Dodge SUV. Two bullets struck the empty passenger seat. One bullet pierced the collar of Brown's jacket, missing his neck by inches. Brown was unarmed. He was not injured by gunfire, but was arrested, jailed for four days on a fleeing charge, and held without anyone telling him -- or the prosecutor handling his case -- that a federal agent had just fired three rounds at him.

What makes this case exceptional is the documented, sworn-testimony cover-up. At Brown's preliminary hearing on October 21, Metropolitan Police Department Officer Jason Sterling testified under oath that he had been instructed by a "team leader" to omit the shooting from his police report. The rationale given was an "upcoming internal affairs investigation." A second MPD officer, Divonnie Powell, excluded the shooting from the public incident report entirely, checking "no" in the "shots fired" section. The U.S. Attorney prosecuting Brown's fleeing charge was never provided body camera footage and was reportedly unaware the shooting had even occurred when offering Brown a plea deal. The defense only learned of the shooting at the preliminary hearing, when Officer Sterling testified.

Brown's fleeing charge was dismissed on October 21, 2025 by Judge Carmen McLean for lack of probable cause. In January 2026, the Office of the U.S. Attorney for D.C. declined to prosecute the HSI agent -- citing the fact that Brown was not struck by the bullets. This reasoning established a troubling precedent: federal agents who shoot at unarmed people face no consequences as long as they miss. Civil rights attorneys Bernadette Armand and E. Paige White are pursuing a civil case on Brown's behalf, but have been unable to obtain body camera footage from MPD. The incident was part of Trump's "Make DC Safe Again" federal law enforcement surge, which deployed hundreds of federal agents alongside local police in D.C. neighborhoods. Less than a month later, another HSI agent shot at another driver on Benning Road in a separate incident.

1. VICTIM PROFILE¶

Phillip M. Brown¶

Personal Information:
- Full Name: Phillip M. Brown
- Age: 33 years old
- Race: Black
- Citizenship: U.S. citizen
- Residence: Hyattsville, Maryland
- Family: Has daughters (mentioned in interviews)
- Criminal Record: No indication of prior criminal record in available sources

Vehicle:
- White Dodge SUV
- Tinted windows
- Missing front license plate
- Suspended registration (infraction issued)

Psychological Impact:
In an interview with WUSA9, Brown described the lasting trauma:

"I don't even want to go outside because it doesn't feel like I'm being protected."

Brown told reporters he struggles to explain the bullet damage on his car to his daughters. He avoids driving in the District, especially on Benning Road where the shooting occurred.

2. THE CONTEXT: TRUMP'S "MAKE DC SAFE AGAIN" SURGE¶

The Federal Deployment¶

In August 2025, President Trump issued an executive order declaring a crime emergency in Washington, D.C. The order established the "Making DC Safe and Beautiful Task Force" and deployed:
- Hundreds of federal agents from multiple agencies
- Over 2,000 National Guard members
- Agents from: FBI, U.S. Customs and Border Protection, Diplomatic Security Service, U.S. Marshals Service, and Homeland Security Investigations (HSI)

These federal agents -- whose training, experience, and typical assignments varied enormously -- were sent to patrol D.C. neighborhoods alongside Metropolitan Police Department officers.

The Core Problem:
HSI agents, whose typical remit is investigating the illegal movement of people, goods, money, contraband, weapons, and sensitive technology, were reassigned to urban street patrol -- a fundamentally different type of law enforcement. As Brown's attorneys noted, this created situations where agents without adequate training for routine police work were conducting traffic stops with loaded weapons.

The Specific Operation¶

On October 17, the joint patrol that stopped Brown consisted of:
- Two MPD officers (Jason Sterling and Divonnie Powell)
- One HSI agent
- Agents from multiple other federal agencies in the vicinity

This was part of the "DC Safe and Beautiful Task Force" initiative.

3. INCIDENT TIMELINE¶

October 17, 2025 - The Traffic Stop and Shooting¶

Time: Evening
Location: Benning Road NE, Washington, D.C.

The Stop:
- Brown was driving his white Dodge SUV along Benning Road NE
- Pulled over by joint federal-MPD patrol for:
- Heavily tinted windows
- Missing front license plate
- Two MPD officers and one HSI agent approached Brown's vehicle on foot

Government's Version:
- Brown "revved his SUV" and moved the vehicle closer to officers
- Brown was "trying to flee"
- Brown drove "in a deliberate attempt to run them down" (DHS spokesperson Tricia McLaughlin)
- HSI agent fired "defensive shots" "in fear for his life and the lives of others"

What the Evidence Shows:
- MPD Officer Sterling testified that no officers were struck by Brown's vehicle
- Brown was unarmed -- no weapon found
- The stop was for minor traffic infractions
- Brown's attorneys dispute the "deliberate attempt to run them down" characterization

The Shooting:
- HSI agent fired at least 3 rounds into Brown's vehicle
- Two bullets struck the empty passenger seat
- One bullet pierced Brown's jacket collar -- missing his neck by inches
- Brown was NOT struck by gunfire

Physical Evidence:
- Bullet holes in driver's side window
- Bullet holes in front passenger seat
- Bullet hole through the collar of Brown's jacket
- Photos of damage provided to media by attorneys Armand and White

Aftermath:
- Brown arrested at the scene
- Charged with felony fleeing from law enforcement
- Jailed for four days
- Also issued infraction for suspended vehicle registration

4. THE COVER-UP¶

What Was Concealed¶

The fact that a federal agent fired three rounds at an unarmed man during a routine traffic stop was systematically concealed from:
1. The police report
2. The public incident report
3. The prosecutor handling Brown's case
4. Brown's defense attorneys

Officer Jason Sterling's Testimony¶

At Brown's preliminary hearing on October 21, 2025, MPD Officer Sterling -- who had been at the scene -- provided testimony that exposed the cover-up:

Sterling testified that:
- He was instructed by a "team leader" not to include details about the federal agent's shooting in his police report
- The reason given was an "upcoming internal affairs investigation"
- He therefore omitted the shooting from his court affidavit

Attorney Quo Mieko S. Judkins's reaction:

"I've never heard of that"

Judkins noted that prosecutors have Brady obligations to disclose such information to the defense -- the shooting was exculpatory evidence that the government was required to share.

Officer Divonnie Powell's Report¶

Sterling's partner, Officer Divonnie Powell:
- Excluded the shooting from the public incident report
- Checked "no" in the "shots fired" section of the document
- Filed a separate, second report that did note shots were fired -- but the public-facing report omitted it

The Prosecutor Was Kept in the Dark¶

Critical finding: The U.S. Attorney assigned to prosecute Brown's fleeing charge:
- Was reportedly never provided body camera footage
- Was unaware the shooting had even occurred when offering Brown a plea deal
- This means the prosecution was proceeding on a case where the key evidence (that the defendant had been shot at by the government) was being withheld from the prosecutor by law enforcement

How the Cover-Up Unraveled¶

The defense only learned about the shooting at the preliminary hearing on October 21 -- four days after the incident -- when Officer Sterling's testimony revealed it. Without his courtroom testimony, the cover-up may have succeeded.

The Institutional Response¶

Then-DC Police Chief Pamela A. Smith:
- "Forcefully denied the cover-up allegations"

MPD Statement:
- Stated "this is not a cover-up" and that MPD "has been investigating since the night it happened"
- However, MPD confirmed the body camera footage has not been released to Brown's attorneys because "there's no longer a criminal investigation associated with it" (since charges were dropped)

DHS Response:
- Spokesperson Tricia McLaughlin repeated the "defensive shots" narrative
- Did not address the cover-up allegations

Attorney Bernadette Armand's Statement¶

At a press conference, Armand directly challenged the scope of the cover-up:

"How many times has the MPD hidden federal misconduct and federal violence in our streets since the surge began in August?"

5. LEGAL PROCEEDINGS¶

Criminal Charges Against Brown¶

Charge: Felony fleeing from law enforcement
Arraignment: Brown jailed for 4 days (Oct 17-21)
Preliminary Hearing: October 21, 2025
Officer Sterling's testimony reveals shooting
Defense learns about the shooting for the first time
Dismissed: October 21, 2025 by Judge Carmen McLean
Basis: Lack of probable cause
Dismissal type: Without prejudice
Additional: Infraction issued for suspended vehicle registration

Charges Against the HSI Agent¶

Decision: DECLINED by the Office of the U.S. Attorney for D.C.
Date: January 2026
Reasoning: Brown was not struck by gunfire

The U.S. Attorney's office cited 18 U.S.C. 242 (deprivation of rights under color of law), stating: "There could be no prosecution under 18 U.S.C. 242 because no one was struck."

Significance of this reasoning:
This establishes a de facto standard where federal agents face no criminal consequences for shooting at unarmed people during routine traffic stops, as long as they miss. The three bullets that pierced Brown's vehicle -- one of which went through his jacket collar -- carry no legal weight because they didn't penetrate his body.

Civil Case¶

Brown is represented by civil rights attorneys E. Paige White and Bernadette Armand
Pursuing a civil case against the officers
Obstacle: Cannot proceed until MPD releases body camera footage, which MPD refuses to do because "there's no longer a criminal investigation"
Defense attorney filed demand to preserve all evidence: body camera footage, radio transmissions, internal communications, photos, reports, shell casings, and "the jacket worn by Mr. Brown containing the bullet hole through or near the collar"

6. THE SECOND BENNING ROAD SHOOTING¶

November 13, 2025 - Justin Bryant Nelson¶

Less than a month after the Brown shooting, another HSI agent shot at another driver on Benning Road:

The Incident:
- Members of the DC Safe and Beautiful Task Force tried to pull over Justin Bryant Nelson, 35, after witnessing a traffic violation at Pennsylvania Avenue and Minnesota Avenue SE
- Nelson fled, leading to a pursuit
- Nelson's vehicle stopped in heavy traffic on the 3400 block of Benning Road NE
- Nelson allegedly backed up and struck a marked DC police cruiser
- HSI agent "defensively discharged her weapon" (per DHS statement)
- Nelson was not struck by gunfire
- Nelson crashed into another car; a federal vehicle crashed into a WMATA bus
- Nelson arrested, charged with felony assault on a police officer, fleeing, and other charges
- Nelson pleaded not guilty; case pending

Significance:
- Second HSI-involved shooting on Benning Road in less than a month
- Same "defensive shots" language from DHS
- Same "not struck" outcome
- Charges also declined against this agent (January 2026)
- Ward 7 Councilmember Wendell Felder: "I'm deeply concerned to learn about what is now the second Homeland Security Investigations (HSI) involved shooting in Ward 7 in less than a month"
- Martin Austermuhle (journalist): "This is the second shooting involving an HSI agent in the last month. For context, MPD has had five officer-involved shootings in the entire year thus far."

7. PATTERN ANALYSIS¶

The "Didn't Hit" Standard¶

The U.S. Attorney's decision not to charge agents in either Benning Road shooting because the victims weren't struck creates a perverse framework:

If the agent misses: No prosecution, because no injury occurred
If the agent hits: Unclear -- but other cases suggest prosecution is still unlikely
Result: Firing at unarmed people during traffic stops carries effectively zero criminal risk for federal agents

The "Defensive Shots" / "Feared for Life" Template¶

In both Benning Road shootings, DHS deployed identical language:
- "Defensive shots"
- "In fear for his/her life"
- "Lives of others"
- "Deliberate attempt to run them down"

This language appears to be pre-drafted institutional messaging, not case-specific assessment.

The Cover-Up Infrastructure¶

The Brown case reveals not just an individual cover-up but an infrastructure for concealment:
1. A "team leader" instructed an officer to omit the shooting -- suggesting an established protocol
2. Multiple officers complied with the instruction
3. The prosecution was kept uninformed
4. Body camera footage was withheld
5. The cover-up was only exposed through courtroom testimony

Attorney Armand's question -- "How many times has the MPD hidden federal misconduct?" -- points to the possibility that this was not the first time.

Federal Agents Without Local Training¶

The "Make DC Safe Again" surge deployed HSI agents -- investigators focused on transnational crime -- to conduct urban street patrol. The two Benning Road shootings in one month (compared to five MPD officer-involved shootings in an entire year) suggest these agents were not adequately trained for this work.

Brady Violations¶

The failure to disclose the shooting to the prosecutor constitutes a potential Brady violation -- the obligation to share exculpatory evidence with the defense. The shooting was critical exculpatory evidence: it showed that the government's own agent had escalated a minor traffic stop to lethal force, undermining the "fleeing" charge against Brown.

Connection to Broader Pattern¶

Attorneys White and Armand noted the Brown case is "eerily similar" to the deadly ICE shooting of Renee Good in Minneapolis. Both involved:
- Federal agents assigned to local patrol
- Claims of "defensive shots" against vehicles
- Government narrative contradicted by available evidence

8. INVESTIGATIONS¶

Metropolitan Police Department¶

Internal Affairs Bureau investigating the officer-involved shooting
Also investigating the omission from the police report
Status: Unknown
Body camera footage not released to Brown's attorneys

U.S. Attorney's Office for D.C.¶

Independently reviewed both Benning Road shootings
Declined to charge agents in either case (January 2026)
Reasoning: Victims were not struck by gunfire

DHS Internal¶

Status unknown
DHS did not respond to questions about its investigation
No public disclosure of findings

Accountability for the Cover-Up¶

Who was the "team leader" who instructed Sterling to omit the shooting? -- Not publicly identified
What discipline, if any, has been imposed? -- Not publicly disclosed
Has the instruction to omit been investigated as obstruction? -- Unknown
Under D.C. law, body camera footage and names of involved officers should be released within five days of significant use of deadly force -- but this requirement does not clearly apply to federal agents

9. BROWN'S VOICE¶

WUSA9 Interview¶

Brown described the ongoing psychological impact:

"I don't even want to go outside because it doesn't feel like I'm being protected."

He told reporters:
- He avoids driving in D.C., especially on Benning Road
- He struggles to explain the bullet damage on his car to his daughters
- The shooting during what should have been a routine traffic stop has left lasting trauma

Attorney E. Paige White¶

"As a Black man stopped by the police, it is already a terrifying situation, but I don't think that anybody is prepared to see or hear or feel gunshots coming through their vehicle."

Attorney Bernadette Armand¶

"You cannot be a part of a Make America Safe initiative when you're shooting at unarmed people in a routine traffic stop. The feds aren't making DC streets safer. They're making them more dangerous."

10. CRITICAL QUESTIONS¶

Who was the "team leader" who instructed Officer Sterling to omit the shooting from his report?
Was this instruction standard protocol, or specific to this incident?
How many other incidents during the "Make DC Safe Again" surge were similarly concealed?
Why was the U.S. Attorney prosecuting Brown not provided body camera footage?
Why does "not hitting" the victim justify no charges for shooting at an unarmed person three times?
What does the body camera footage actually show about whether Brown's vehicle posed a threat?
Will any officer or agent face discipline for the documented cover-up?
Why is MPD withholding body camera footage from Brown's civil attorneys?
Has the instruction to omit the shooting been investigated as potential obstruction of justice?
How many HSI agents involved in the D.C. surge received training in urban patrol and use-of-force protocols?

11. CURRENT STATUS (as of February 2026)¶

Criminal Case Against Brown: DISMISSED (October 21, 2025)
- Lack of probable cause found by Judge Carmen McLean

Criminal Case Against HSI Agent: DECLINED (January 2026)
- U.S. Attorney: no prosecution because Brown was not struck

Civil Case: PENDING
- Attorneys White and Armand representing Brown
- Blocked by MPD's refusal to release body camera footage

Cover-Up Investigation: STATUS UNKNOWN
- MPD Internal Affairs investigating the report omission
- No public findings

Body Camera Footage: NOT RELEASED
- MPD claims no obligation since criminal case is closed

12. SOURCES¶

Primary News Coverage¶

Charges Declined¶

Wire/National Coverage¶

Second Benning Road Shooting (Nelson)¶

Broader Context¶

FINAL ASSESSMENT¶

Overall Confidence: HIGH

What We Know For Certain:
- Phillip M. Brown, 33, Black man, U.S. citizen, Hyattsville, Maryland resident
- Shot at by HSI agent during routine traffic stop for tinted windows and missing front plate on October 17, 2025
- At least 3 rounds fired into his vehicle; two hit passenger seat, one pierced his jacket collar
- Brown was unarmed
- MPD Officer Sterling testified under oath he was instructed by a "team leader" to omit the shooting from his report
- Officer Powell excluded the shooting from the public incident report
- U.S. Attorney prosecuting Brown was unaware the shooting had occurred
- Defense only learned of shooting at preliminary hearing
- Charges against Brown dismissed October 21, 2025 for lack of probable cause
- Charges against HSI agent declined January 2026 because Brown was not struck
- Brown jailed for 4 days
- Civil case pending; body camera footage withheld by MPD
- A second HSI shooting occurred on Benning Road less than a month later
- Both part of Trump's "Make DC Safe Again" federal deployment

What This Case Demonstrates:

A verified, sworn-testimony cover-up -- Not speculation, not allegation: an officer testified under oath that he was instructed to omit a shooting from his report. The cover-up extended to the public report, the prosecution, and body camera footage.
The "didn't hit" impunity standard -- The U.S. Attorney's reasoning that no prosecution is possible because Brown wasn't struck creates a framework where firing at unarmed people carries zero criminal risk as long as the bullets miss.
Brady violations -- The withholding of the shooting from the prosecutor handling Brown's case is a textbook Brady violation: exculpatory evidence concealed from the defense.
Untrained agents conducting police work -- HSI agents, trained for transnational investigations, were conducting urban traffic stops. Two shootings in one month on the same road -- versus five MPD officer-involved shootings in an entire year -- speaks to the mismatch.
Body camera footage as leverage -- MPD's refusal to release body camera footage to Brown's civil attorneys, on the grounds that the criminal case is closed, effectively uses the cover-up's success as justification for continued concealment.
Institutional language as shield -- DHS deployed identical "defensive shots" / "feared for his life" language in both Benning Road shootings before any investigation was complete, suggesting pre-drafted institutional messaging rather than case-specific assessment.

A bullet went through the collar of Phillip Brown's jacket during a routine traffic stop. He was unarmed. The shooting was concealed from the police report, the prosecution, and the public. When it was exposed through courtroom testimony, the government's response was not accountability but a determination that missing counts as exoneration. This is not a failure of the system. This is the system.

Disclaimer:

This report is compiled from publicly available sources as of February 12, 2026. All claims are attributed to named sources. Use responsibly and verify independently.

Every. Human. Matters.

Published by Mortui Vivos Docent Intelligence Project
Methodology: Bellingcat-standard OSINT — public sources only