Following an extensive review, our office has concluded that an officer from the Tampa Police Department was justified when he employed deadly force against 22-year-old Samario Lee Austin on August 16, 2021. The officer was responding to an active shooter in a Downtown Tampa apartment complex and located Austin, who was armed with both a handgun and AR-style rifle. Austin had already fired multiple gunshots and members of the public were clearly in danger. The officer fired seven shots at Austin with his handgun. Austin was not hit and retreated; he was taken into custody soon afterward. 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:
- reviewing interviews of the involved law enforcement officers
- reviewing interviews of witnesses
- examining physical evidence
- reviewing video evidence
- reviewing photographic evidence
- reviewing 911 calls and relevant audio
- applying the applicable laws
The Tampa Police Department conducted the investigation. Investigators found that on August 16, 2021, Tampa Police Communications received a large volume of 911 calls about shots fired at Metro 510 Apartments in Downtown Tampa. Callers described the shooter as a shirtless African-American man armed with some type of rifle.
A Tampa Police officer, who was off duty and nearby at the time, heard what he initially believed may have been fireworks. The officer equipped himself with a handgun and went to investigate. Based on his training and experience, he soon identified the noises as gunfire. He then donned his ballistic vest and full duty belt with service pistol. He attempted to call 911 but the call did not go through, so he used his portable police radio to contact Tampa Police Department dispatch.
From a third-floor courtyard area of the complex, the officer heard two additional shots accompanied by some yelling. He then spotted Samario Lee Austin in black shorts with no shirt holding both a rifle and a handgun. Austin was walking backwards along a fifth-floor walkway that looked down into the courtyard. Austin was across the courtyard and two stories above the officer. Believing Austin had both a tactical and firepower advantage, the officer fired seven rounds at Austin without announcing himself. Austin, who was not struck, retreated out of the officer’s view.
The officer maintained cover and contact with Tampa Police and soon joined arriving units’ efforts to locate Austin. Ultimately, Austin was located and taken into custody without incident.
Witness statements and 911 calls are consistent with the officer’s account of events.
A portion of this incident was captured via cell phone video from a civilian in a nearby building. The apprehension of Austin was captured by officers’ body worn cameras.
Officers recovered a Glock 26 9mm handgun and a .22 caliber AR-style weapon discarded in a stairwell between the fifth and sixth floors. Investigators later located seventeen spent .22 caliber shell casings and nine spent 9mm shell casings from the fifth and sixth floors. Several projectiles were also located. Shell casings from a test fire of the .22 and 9mm weapons are a presumptive match for the recovered casings.
Austin was unharmed and has been charged by prosecutors with two counts of shooting at, within, or into a building (Florida Statute 790.19), one count of aggravated assault (Florida Statute 784.021(1)(a)), and one count of culpable negligence by exposure to injury (Florida Statute 784.05(1)).
The officer was armed with a SIG Sauer P320 9mm handgun. A total of seven spent shell casings were recovered from the location where the officer fired at Austin. Investigators observed seven apparent bullet strikes on the wall toward which the officer was shooting. This is also consistent with the amount of remaining ammunition in the officer’s gun after the incident.
The name of the law enforcement officer is being withheld due to Marsy’s Law.
After our thorough analysis, we have determined that the facts and evidence support the conclusion that the officer was in fear of imminent death or great bodily harm to himself or others when he employed deadly force against Samario Lee Austin. These findings satisfy Florida Statute 776.012 and 776.05 and the use of deadly force by the officer was justified. Accordingly, there is no legal basis for criminal charges against the officer.
Our office typically includes an initial release of materials when publishing a use of deadly force review; that is not possible in this case because the materials are all evidence in an active criminal investigation. Under Fla. Statute 119.071(2)(c), evidence in active criminal investigations is exempt from release. Documents related to the case may be available in the future once all cases are resolved. Under Florida’s Public Records Law, any member of the public can make a request. Find details on making a request on the State Attorney’s Office Public Records page.