Following an extensive review, our office has concluded that we cannot refute that a male victim (“Victim 1”) acted in lawful self-defense and in defense of another in the use of deadly force against 54-year-old Levi Jones, Jr. on September 30, 2021. Investigators determined that after Jones got into a dispute with two people—Victim 1 and another man (“Victim 2”)—Jones pulled out a handgun and shot Victim 1 multiple times, causing him to fall to the ground. Jones then shot Victim 2. After Victim 2 fell to the ground, Jones began physically beating Victim 2 with the gun. In response, Victim 1 pulled out a gun and shot Jones in self-defense and in defense of Victim 2. 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 witnesses
- examining physical evidence
- reviewing video evidence
- reviewing 911 calls
- reviewing photographic evidence
- reviewing responding law enforcement officer body worn camera footage
- analyzing autopsy results
- applying the applicable laws
The Tampa Police Department conducted the investigation. Investigators learned that officers were dispatched to 4804 35th Circle in Tampa’s Jackson Heights neighborhood in response to a ShotSpotter activation due to the detection of eight rounds of gunfire. Responding officers observed Victim 1, Victim 2, and Levi Jones, Jr. lying on the ground in a vacant lot on the northwest corner of Osborne Avenue and 35th Circle. There were several other people at the scene, standing near the people on the ground. Lifesaving measures were performed by first responders on all three men, and they were transported to local hospitals for treatment. An unidentified male witness approached one of the officers and stated that Victim 2 and Jones had shot one another.
An eyewitness stated that the incident stemmed from a long-standing dispute between Jones and Victim 2, and another eyewitness said it stemmed from a drug deal that occurred earlier in the day.
Victim 2 approached Jones while Jones was seated in the driver’s seat of a parked Ford F-150. Moments later, Jones pulled out a gun and pointed it toward Victim 2, causing Victim 2 to immediately retreat. Victim 1 then approached Jones to confront him about Jones pulling a gun on Victim 2. Jones then fired the gun at Victim 1. Victim 1 fell to the ground, and Jones continued to fire several more times at Victim 1 while he was lying on the ground. Then Jones ran toward Victim 2 and shot Victim 2. Jones stood over Victim 2 and began hitting him with the gun. In response, Victim 1 pulled out his own firearm and fired one shot at Jones. Jones was shot in the head and later was pronounced dead at the hospital.
Victim 2 was shot in the hands, buttocks, and right leg. He later died as a result of these gunshot wounds on October 16, 2021. Victim 1 was shot multiple times and was transported to the hospital. Detectives interviewed Victim 1 in ICU. He appeared to be uncooperative and was reluctant to provide information or details regarding the shooting and who was involved. Victim 1 never admitted to possessing a firearm or shooting it during the incident. He survived his gunshot wound injuries.
All firearms were taken and removed from the scene prior to law enforcement’s arrival. Seven total fired casings were recovered from the scene and submitted for analysis. Six of the casings had been fired from the same gun and one had been fired from a different gun—which is consistent with the eyewitness accounts that only two guns were involved and that Jones fired his gun multiple times at Victim 2, while Victim 1 had fired his gun only once at Jones.
The names of the victims are being withheld due to Marsy’s Law.
After our thorough analysis, we have determined that the facts and evidence cannot refute that Victim 1 reasonably believed he was in fear of imminent death or great bodily harm to himself or Victim 2 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 Victim 1.
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.