Following an extensive review, our office has concluded that Sergeant Michael Hannaford, Corporal Steven Schneider, Deputy Devin Wooden, and Deputy Timothy Miskell from the Hillsborough County Sheriff’s Office were justified in their use of deadly force against 27-year-old Dylan Ray Scott on December 8, 2020. Our review determined that Scott engaged in a brief standoff with deputies who were trying to arrest him pursuant to multiple outstanding warrants. While in his truck, Scott concealed his hands and told deputies that he was armed. Deputies spent several minutes ordering Scott to show his hands and attempting to de-escalate the situation. Although Scott was in fact unarmed, he quickly raised his arm towards one of the deputies as if he was going to shoot him, and deputies shot him in response. In reaching this conclusion, our office conducted an exhaustive review of all available evidence and applicable legal standards. These steps included but were not limited to:
- responding to the scene following the shooting
- reviewing interviews of civilian witnesses
- reviewing interviews of the involved law enforcement officers
- examining physical evidence
- reviewing video evidence from the involved deputies’ body cameras
- reviewing video evidence from the HCSO helicopter
- reviewing photographic evidence
- reviewing radio communications and relevant audio
- analyzing autopsy results
- applying the applicable laws
The Florida Department of Law Enforcement conducted the investigation, and a representative from the State Attorney’s Office responded to the scene. FDLE investigators found that deputies from the Hillsborough County Sheriff’s Office were executing multiple arrest warrants on Dylan Scott. Deputies came into contact with Scott in his pickup truck, which was parked in a McDonald’s parking lot in Riverview. After deputies approached Scott’s truck, Scott fled in his truck and crashed into a civilian’s vehicle on Bloomingdale Avenue. Deputies approached Scott’s crashed vehicle in the roadway and attempted to take him into custody.
The evidence obtained presents a clear picture of the incident. The deputies involved in the shooting were equipped with body-worn cameras. The body camera worn by the deputy who approached the driver’s side door of Scott’s vehicle shows Scott’s actions and movements within the vehicle and captures the communications between the deputies and Scott. In addition, there is video footage from a Hillsborough County Sheriff’s Office helicopter that captures the entire incident from the initial encounter, to the automobile crash, to the fatal shooting.
Shelby Guy was a passenger in the vehicle with Scott; deputies pulled Guy out of the vehicle after the crash but before the shooting. Guy, who identified herself as Scott’s ex-girlfriend, provided a sworn statement that was consistent with the deputies’ accounts of what took place. Guy stated that Scott announced he had a gun when he was surrounded by deputies. She also said that prior to the incident, Scott had made statements that he would not go back to jail and would force law enforcement officers to kill him.
In addition, there was a previous incident between the Hillsborough County Sheriff’s Office and Scott that occurred on July 27, 2020, in which deputies were trying to arrest Scott for an active warrant. Scott fled from law enforcement in a vehicle and was able to get away. Following that incident, Scott sent Facebook messages to his mother stating, “Well I’m not gonna be around much longer mom I’m not letting them take me to prison I got something that will give them no choice but to shoot me..”
Although Scott twice said he was armed and repeatedly refused to show his hands, deputies never saw a gun during the entirety of the incident. After the shooting, a thorough search revealed that there was no gun on Scott or in his vehicle.
An autopsy was performed by the Hillsborough County Medical Examiner’s Office. Scott was shot 11 times in his head, shoulder, chest, and the left side of his body. The locations of Scott’s wounds were consistent with the deputies’ direction of fire and his location in the front seat of his vehicle. The deputies’ positions at the time of firing their weapons were captured in the aerial helicopter video footage.
The State Attorney’s Office reviewed the facts and evidence to determine what charges, if any, were appropriate against the deputies. Under Florida’s Stand Your Ground law, any person, including a law enforcement officer, is immune from prosecution unless the State can prove by clear and convincing evidence that the use of deadly force was not justifiable self-defense. The deputies mistakenly believed that Scott had a gun, but their mistaken belief was objectively reasonable. The audio and video evidence clearly show that Scott told the deputies he had a gun in his waistband. Scott refused to show his hands and kept his hands in a covered position down by his waist, intentionally leading the deputies to believe that he had a firearm. The deputies reasonably believed, based upon Scott’s actions and words, that he possessed a firearm. Therefore, when Scott quickly raised his arm toward a deputy as if he was going to shoot him, the deputies reasonably perceived an imminent threat, which justified their use of deadly force. The audio and video evidence obtained from the deputies’ body-worn cameras clearly demonstrate the restraint and professionalism exhibited by the deputies in trying to convince Scott to peacefully turn himself in before resorting to the use of deadly force.
After our thorough analysis, we have determined that the facts and evidence of this incident prove that the law enforcement officers reasonably believed they were in fear of imminent death or great bodily harm when they used deadly force. They also did not have a duty to retreat. These findings satisfy Florida Statutes 776.012 and 776.05 and, therefore, under Florida law, the use of deadly force is justified. Accordingly, there is no legal basis for criminal charges against any of the officers.
An initial release of materials related to this case from the State Attorney’s Office—containing a magnified and slowed version of the body-worn camera video, helicopter video, Facebook messages, forensic results, and crime scene photos—is available at this link. The Hillsborough County Sheriff’s Office has previously made body-worn camera video available at this link. These items illustrate the crime scene and key details of the case. Further documents related to the case, including additional photos, reports, and interview transcripts, are available to any member of the public subject to Florida’s Public Records Law; find details on making a request on the State Attorney’s Office Public Records page.