Brother of young man mistakenly hit by police rubber bullet is arrested

PHOENIX - It's a case that made headlines after Phoenix Police officers reportedly shot a man mistakenly with rubber bullet. The shooting happened as police officers were trying to track down the man's brother, who was wanted in a violent armed robbery.

Now, that suspect is under arrest.

The armed robbery incident, according to statements issued by Phoenix Police, happened on the morning on Thursday, January 9 near the intersection of Southern and 7th Avenues.

The suspects, according to police, approached the 66-year old male victim on foot, and attempted a robbery at gunpoint. The victim was in his car at the time.

The suspects, according to police, fired into the vehicle, and the victim was struck by the gunfire. The victim was located at his home near Southern and Central Avenues, and later taken to the hospital.

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Later, Phoenix Police officials say as its officers and the ATF Crime Gun Enforcement Team conducted surveillance on a home near the area of 7th Avenue and Southern, they identified an individual as 20-year-old Khalil Thornton, who was wanted in connection with the armed robbery.

Police say the individual who was identified as the suspect was wearing a beanie at the time, which concealed his hair.

Police officials say a Special Assignments Unit was deployed to the home, and deployed what police describe as an "auditory diversionary device". The individual did not comply with officer's command as they tried to take him into custody, and SAU officers then shot him with what police describe as a "baton round" to ensure he did not get away.

Sgt. Thompson later determined that the individual who was initially identified as the suspect was not actually Khalil Thornton, but his brother, 19-year-old Dion Humphrey.

Kahlil Thornton (Photo Courtesy: Phoenix Police Department)

Thornton, who is on felony probation for theft, had an active warrant out for his arrest. He reportedly told investigators he took off to Tucson to avoid prosecution.

Police officials noted that Thornton and Humphrey are about ten months apart in age, and are very similar in appearance. Humphrey later told investigators that people often mistake him and Thornton as twins, and both share a room.

However, Humphrey's family is disputing Phoenix Police's account of what happened.

According to a statement jointly issued by Humphrey's family, family attorney David Dow, and Rev. Jarrett Maupin, Humphrey has "delayed physical and mental development" due to his struggle with Sickle Cell Anemia, and looks nothing like Thornton, who is described as an estranged older half brother. In addition, the statement claims Humphrey is not tattooed, leads a life apart from Thornton, and does not share a room with Thornton. The statment also says Humphrey was severely hurt as a result of the incident.