Following an extensive review, our office has concluded that a 30-year-old male victim acted in lawful self-defense and was justified in his use of deadly force against 23-year-old Joshua Lee Dylan Perkins on January 4, 2022. Our review determined that the victim, a truck driver, stopped on the side of U.S. 92 to troubleshoot an issue with his truck. Perkins approached the victim wearing a mask and brandishing a black BB gun that looked like a firearm. Perkins robbed the victim of his gold wedding ring, watch, credit cards, and driver’s license. Perkins walked away and the victim armed himself with a handgun that had been stored in his truck. Perkins then returned to rob the victim of his cell phone. When Perkins tried to rob the victim again, the victim shot Perkins multiple times. Perkins died at the scene and was found to have a black BB gun, along with the victim’s driver’s license, watch, and credit cards. The victim’s wedding ring was found on the ground near Perkins’ body.
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 witnesses
- examining physical evidence
- reviewing video evidence
- reviewing body worn camera evidence
- reviewing photographic evidence
- reviewing 911 calls, radio communications, and relevant audio
- analyzing autopsy results
- applying the applicable laws
The Hillsborough County Sheriff’s Office conducted the investigation, and a representative from the State Attorney’s Office responded to the scene. Investigators found that the victim is a truck driver who stopped along the side of U.S. Highway 92 in Seffner to troubleshoot a problem with his truck at 11:07 p.m. on January 4, 2022. As the victim was working to resolve the issue, a man wearing a mask—later identified as Perkins—approached the victim, pointed the weapon at him, and said, “Give it up.” Perkins went on to demand the victim’s money and valuables.
Concerned that Perkins might return, Thomas retrieved his firearm from his truck. A short time later, Perkins returned to Thomas. While brandishing the same weapon, Perkins demanded Thomas’ cell phone. In response, Thomas fired several shots at Perkins, ran away from Perkins, and dialed 911. Perkins died on scene. Perkins had in his possession a black BB gun. In Perkins’ pocket, the police found Thomas’ credit cards, Thomas’ driver’s license, and Thomas’ watch. Thomas’ wedding ring was found on the ground, not far from Perkins’ body.
The victim handed over his wedding ring, watch, credit cards, and driver’s license, and showed Perkins that the part of his wallet that held cash was empty. Perkins began to walk away—while walking away, Perkins threatened to kill the victim if the victim dialed 911. Still in fear, the victim retrieved a handgun he stores in his truck for protection. Perkins returned, demanding the victim hand over his cellphone. The victim, with his back against his truck, and in fear for his life, fired several shots at Perkins. The victim then promptly called 911, reported what had happened, and moved to a safe location nearby to await deputies.
Perkins died at the scene. The weapon Perkins used to rob the victim was found in Perkins’ pants—a black BB gun pistol that looks like a firearm. In Perkins’ left front pocket, investigators found the victim’s driver’s license, credit cards, and watch. On the ground close to Perkins, they found the victim’s wedding ring. Dash camera video from a passing civilian witness and surveillance video from a nearby business show parts of the incident that are consistent with the victim’s account.
The victim handed his firearm to deputies, a Taurus PT 738 .380 ACP, which was empty. The gun holds 6 rounds. An expended projectile and five casings were found at the scene.
The Hillsborough County Medical Examiner’s Office performed an autopsy and determined the cause of death was gunshot wounds with perforations of the aorta, liver, and right kidney. Perkins’ body had four gunshot wounds. He had an entrance wound to the left shoulder/clavicle with an exit wound to his lower right side. He had an entrance wound to his lower left torso with no exit wound. He had an entrance wound to his upper right thigh with an exit wound to the outer right thigh. He also had an entrance wound to the left thigh and an exit wound on the side of his left calf. The angles of the shots are consistent with the victim’s explanation that he was standing on the step on the side of his truck cab, elevated slightly above Perkins, when he fired.
The name of the victim is being withheld due to Marsy’s Law.
After our thorough analysis, we have determined that the facts and evidence of this incident prove that the victim reasonably believed he was in fear of imminent death or great bodily harm when he used deadly force. These findings satisfy Florida Statute 776.012. Accordingly, under Florida law, there is no legal basis for criminal charges against the victim.
An initial release of materials related to this case is 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.