All posts by Erin Maloney

Following an extensive review, our office has concluded that a 66-year-old victim acted in lawful self-defense and was justified in his use of deadly force against 32-year-old Johnie Hunter on July 31, 2021. Our review determined that Hunter threatened to kill the victim while holding a knife and attacked the victim twice. When Hunter tried to attack the victim a third time, the victim responded by stabbing Hunter once in the chest.

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 stabbing
• reviewing interviews of witnesses
• examining physical evidence, including DNA evidence
• reviewing video evidence
• reviewing photographic evidence
• reviewing 911 calls
• analyzing autopsy results
• applying the applicable laws

Tampa Police Department conducted the investigation, and a representative from the State Attorney’s Office responded to the scene. Investigators found that on July 31, 2021, the victim was sitting on a half-height wall near the HART bus stop in the area of North Marion Street and East Tyler Street, which is a location the victim frequented. While there, Hunter walked up to the victim, pulled out a knife, and put the knife to the victim’s cheek while threatening to kill the victim. A short time later, Hunter punched the victim with his left hand while holding a knife in his right hand.

When Hunter returned and tried to hit the victim again, the victim could not see Hunter’s other hand, so the victim responded by standing up and stabbing Hunter in the chest.

During the investigation of this case, law enforcement found video footage that depicts Hunter attacking someone else approximately an hour before this incident. Also, other witnesses corroborated the fact that Hunter was combative with the victim and with others in the hours before his death.

During the investigation of this case, the victim provided a detailed account of what occurred. Furthermore, the victim told the police where to find the knife he used to stab Hunter. The police found the knife, collected it, and submitted it to the Florida Department of Law Enforcement (FDLE). The knife had blood on it, and FDLE determined that the blood on the knife matched the DNA profile for Hunter. The victim was unarmed when Hunter attacked him the first two times, but Hunter was armed during both earlier encounters with the victim.

The Hillsborough Medical Examiner’s Office ruled the manner of death to be a homicide, and it was determined that the cause of death was a stab wound to the chest with perforation of lung and penetration of aorta. Hunter’s toxicology report indicates he had in his system Methamphetamine and Tetrahydrocannabinol (THC).

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.

Following an extensive review, our office has concluded that a male victim acted in lawful self-defense and was justified in his use of deadly force against 23-year-old Adrian Diaz on February 27, 2022. Our review determined that the victim was trying to leave Bello Bar & Kitchen when he was physically attacked by several people. The victim was thrown to the ground during the attack. The victim was able to pull out his firearm while multiple people were on top of him, still attacking him. The victim fired multiple shots, one of which hit and killed Adrian Diaz, one of his attackers. The victim—who is licensed to carry a firearm—initially left the area but then called 911 to report the incident, returned to the scene, and turned over his gun to law enforcement.

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 photographic evidence
• reviewing 911 audio
• analyzing autopsy results
• applying the applicable laws

The Tampa Police Department conducted the investigation, and a representative from the State Attorney’s Office responded to the scene. Investigators found that the victim went to the Bello Bar & Kitchen with his girlfriend. While inside, the victim had a verbal altercation with Kevin Zayas. During the verbal argument, Zayas’s friends began to crowd around the victim. The victim left the bar and went to his car. One of Zayas’s friends, Freddy Santiago, Jr., was captured on surveillance video arming himself with a glass and a butter knife. The victim later returned to the bar. Inside, Zayas immediately walked over to the victim and punched him. The staff of Bello Bar & Kitchen intervened and asked everyone to go outside.

Zayas and his friends followed the victim as he left the restaurant. Once outside, the victim was attacked by Kevin Zayas, Adrian Diaz, and Freddy Santiago, Jr. During the attack, Santiago threw the glass at the victim and stabbed at him repeatedly with the butter knife. After the victim was thrown on the ground, Diaz, Santiago, and Zayas all continued to climb on him and beat him. Desperate to get his attackers off him, the victim managed to pull out his handgun and fire it. The victim was able to get onto one knee and fired his gun one more time at his attackers, striking and killing Adrian Diaz. The victim left the area but called 911 to report the incident from a nearby intersection. After speaking with the 911 operator, the victim met with law enforcement and turned over his gun. The victim has a valid license to carry a firearm.

Bello Bar & Kitchen has several video cameras on its premises covering the inside and outside areas of the bar. The video footage inside the bar captures the initial interaction between the victim and Zayas. Video footage from the outside camera captures the entire incident that occurred outside the bar showing that the victim was attacked by multiple people and fired his gun in self-defense.

Freddy Santiago, Jr. provided a statement to law enforcement claiming that he was inside when the fight broke out and that he did not know who was involved in the fight. This is directly contradicted by the video footage showing that he was actively involved in the fight and that he had armed himself with two weapons before attacking the victim. Santiago is charged with one count of aggravated battery for his involvement in this incident. Zayas was charged with two counts of battery for his involvement in this incident. A witness who worked at the bar provided a statement further confirming that the victim was attacked by Santiago, Zayas, and Diaz.

The Hillsborough County Medical Examiner found that Adrian Diaz was killed by a gunshot wound to the head.

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. Note that surveillance video is exempt from Florida’s Public Records Law under Statute 119.071(2)(d).

Following an extensive review, our office has concluded that we would be unable to refute a claim by a male victim that he was justified when he employed deadly force against Aaron Taylor on March 12, 2022. Our review determined that, according to the victim, his roommate Aaron Taylor confronted him with both a knife and gun, then attacked him with the knife. The victim avoided the attack, causing Taylor to fall to the ground and drop the weapons. Fearing further attack, the victim picked up the gun and fired a single fatal shot at Taylor.

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 photographic evidence
• applying the applicable laws

The Hillsborough County Sheriff’s Office conducted the investigation. Investigators found that on March 12, 2022, deputies responded to 1903 East 131st Ave. in Tampa in response to multiple 911 calls. The decedent, Aaron Taylor, was located in Apartment 201 with an apparent gunshot wound. Taylor was transported by Hillsborough County Fire Rescue to the hospital, where he was pronounced deceased.

One of the 911 calls was made by the victim, who indicated that he had been involved in an altercation with Taylor. The victim was not present when deputies initially responded but returned to the scene within minutes. A recorded interview was conducted with the victim, during which he explained that he and Taylor had engaged in a verbal argument in the common area of the apartment they shared. He said Taylor then armed himself with a knife and a handgun.

The victim said that Taylor attacked him with the knife and that he was able to avoid the attack, causing Taylor to fall to the floor, momentarily losing control of both weapons. Fearing another attack, the victim said he picked up the gun and raised it in the direction of Taylor, discharging it one time.

Two witnesses were present in the apartment but were not in the common area where the shooting occurred. One witness overheard the victim say, “What, you gonna stab me?”

The victim told investigators that after shooting Taylor he drove to a nearby pond where he disposed of the firearm. He was able to show investigators the specific location of the pond but efforts to recover the firearm were unsuccessful. Other evidence gathered during the investigation confirmed that Taylor visited the pond immediately after the shooting.

An autopsy was conducted by the Hillsborough County Medical Examiner’s Office. The autopsy determined that the cause of death was a single gunshot wound to the chest with perforation of the heart and lung.

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 would not refute a claim by the victim that he was in fear of imminent death or great bodily harm to himself or others when he employed deadly force against Aaron Taylor. These findings satisfy Florida Statute 776.012 and there is no legal basis for criminal charges against the victim for killing Aaron Taylor.

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.

Following an extensive review, our office has concluded that we cannot refute the assertion by a male victim that he acted in lawful self-defense in the use of deadly force against 27-year-old Emanuel Dixon on February 3, 2022. Our review determined that the evidence is consistent with the victim’s assertion that Dixon was in the home of the victim, violently confronting both the victim and the victim’s mother. Based on witness statements, it appears that Dixon had just physically pushed the victim into a mirror and was in the process of striking the mother of the victim in the head when the victim fired the one gunshot that struck and killed Dixon.

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 photographic evidence
• reviewing 911 calls, radio communications, and relevant audio
• analyzing autopsy results
• applying the applicable laws

The Tampa Police Department conducted the investigation. Investigators found that on the night of February 3, 2022, Emanuel Dixon was at the home of Ashley Ellis, where she lived with her children. A 911 call was received from the home and responding Tampa Police officers found Dixon on the ground in the bedroom, bleeding from a single gunshot wound. Dixon was taken to Tampa General Hospital where he died.

According to witnesses, Dixon had been across the street, speaking with a neighbor, when Ellis walked outside and fired several shots into Dixon’s car. The car was not occupied at the time. (Ellis was eventually charged with crimes stemming from shooting the car.) After shooting the car, Ellis went back inside her home. Dixon followed her inside. Dixon’s sister was also in the home and began arguing with Ellis over shooting Dixon’s car. The argument escalated and moved into the master bedroom.

According to the victim, who voluntarily consented to an interview, he and a friend were also inside the home when the victim heard the arguing. He then saw his mother and Dixon’s sister fighting in the bedroom. When the victim went in to break up the, Dixon turned and pushed him into a mirror, then into the wall, and poked him in the eye. According to other witnesses, Dixon told the victim and the victim’s friend that he would kill them if they tried to enter the room. The victim then saw Dixon and Dixon’s sister both punch his mother in the head.

The victim saw the gun on the floor and picked it up. The victim then saw Dixon start to turn back toward him, and he fired the gun one time—fearing for his safety and the safety of his mother. The victim then left the home and threw the gun into an area of heavy brush. The gun was never located. The victim eventually returned to the scene and cooperated, giving several statements to the police.

The victim’s friend corroborated the victim’s account. The victim’s mother said she was getting hit in the head by both Dixon and Dixon’s sister when she heard the gunshot, but did not see who shot Dixon. Dixon’s sister admitted she was in a confrontation with Ellis, and—at the time of the shooting—Dixon was standing behind her in the doorway and she did not see the shooting. Ellis’s daughter was also in the room, standing between her mother and Dixon’s sister. She heard Dixon tell the victim and the victim’s friend that he would kill them if they came into the room. She also saw Dixon push the victim into a mirror and punch her mother.

Photos of the scene show blood on the floor of the master bedroom. Both a shell casing as well as a projectile were recovered on the floor of the master bedroom.

Ellis’s phone was recovered at the scene and a text message was located between her and the victim. In it, the victim apologizes for shooting Dixon, indicating he was just trying to protect her.

The Hillsborough County Medical Examiner’s Office conducted an autopsy and determined the cause of death to be a single gunshot wound to the left lateral area/back with perforation of the abdominal aorta and bowel.

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 cannot refute the statements by the victim that he reasonably believed he was in fear of imminent death or great bodily harm to himself or Ashley Ellis 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.

Following an extensive review, our office has concluded that a male victim was justified when he used deadly force against Jared Harrell on December 15, 2021. Unprovoked, Harrell attacked the victim as the victim walked down the street. The victim is licensed to carry a concealed weapon; during the struggle, Harrell tried to take the victim’s handgun and managed to eject the magazine. The victim was able to fire one shot from his gun, which hit and killed Harrell.

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 photographic evidence
• applying the applicable laws

The Tampa Police Department conducted the investigation. Investigators found that Tampa Police officers responded to a gunshot near the intersection of North Englewood and East Chelsea Streets in East Tampa at 11:15 p.m. on December 15, 2021. Responding officers located Jared Harrell in a nearby driveway with a gunshot wound to the abdomen. Harrell later died at Tampa General Hospital.

The victim contacted the Tampa Police Department approximately ten minutes after the shooting and was interviewed by investigators. The victim said he had been walking northbound on Englewood Street when he was approached and attacked by Harrell. A physical altercation ensued. The victim explained that he was armed at the time of this struggle and has a concealed weapons permit. He said he had known Harrell for about five years and considered Harrell a friend. He added that Harrell attacked him without provocation and hit him multiple times in the head and face and forced him to the ground.

The victim said he was in fear for his life when Harrell attempted to take his gun from him and successfully ejected the magazine. The victim said he was able to fire the gun one time toward Harrell from a few feet away.

The victim had cuts and scrapes consistent with his description of events. His account was consistent with that of multiple nearby witnesses. According to family members, Mr. Harrell had recently been using narcotics and acting erratically.

Officers recovered a .45 caliber Glock handgun from the victim. A magazine and ammunition consistent with that firearm were found near where responding officers located Harrell.

After our thorough analysis, we have determined that the facts and evidence support the conclusion that the victim was in fear of imminent death or great bodily harm to himself or others when he employed deadly force against Jared Harrell. These findings satisfy Florida Statute 776.012 and   and the use of deadly force by the victim was justified. Accordingly, 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.

Following an extensive review, our office has concluded that a deputy from the Hillsborough County Sheriff’s Office was justified in her use of deadly force against 88-year-old Ronald Edward Ehrich on December 7, 2021. Our review determined that, as the deputy was performing a welfare check inside Ehrich’s home, Ehrich came out of a bedroom holding a handgun. The deputy had announced herself several times, calling out “Sheriff’s Office” repeatedly as she walked through the house and as she stood outside Ehrich’s bedroom. After seeing that Ehrich was armed, the deputy retreated, taking cover in another room. She continued to announce that she was a sheriff’s deputy and that she was only there to check on him, and she commanded him to drop the gun more than a dozen times. Ehrich responded that he was prepared to shoot her and continued to advance down the hallway toward the deputy. With his gun in hand, Ehrich stepped through the doorway into the room where the deputy had taken cover. The deputy fired her service weapon at Ehrich three times, and Ehrich died at the hospital.

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 civilians and the involved law enforcement officers
• examining physical evidence
• reviewing video evidence, including body-worn camera footage
• reviewing photographic evidence
• reviewing 911 calls, 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. Investigators determined that the uniformed Hillsborough County Sheriff’s deputy was responding to a 911 call in Riverview from a concerned neighbor. The neighbor indicated that Ehrich lived alone, was elderly, and both his garage door and the door from the garage into the interior of the house had been open for two days.

The deputy entered the house alone through the open doors, knocking and announcing herself, calling out “Sheriff’s Office” every few seconds. The deputy, not encountering anyone on the first floor, continued up the stairway to the second story of the home, all the while announcing herself as a deputy and calling out for a response from anyone inside the house. Once upstairs, the deputy encountered one locked bedroom door. She checked the rest of the upstairs rooms and did not see or hear anyone.

The deputy then returned to the locked bedroom door, knocked, and announced, “Sheriff’s Office.” Ehrich responded from the other side of the door by asking, “Who’s there?” The deputy answered, “Sheriff’s Office, sir, it’s Deputy [deputy’s last name].” Ehrich replied, “I’ve got a gun; you better get the hell out of here.” Ehrich then exited the locked bedroom, armed with a fully loaded Beretta .32 caliber firearm in his left hand.

When the deputy saw this, she backed up and announced “Sheriff’s Office” additional times, as well as commanding Ehrich to drop the gun more than a dozen times. Ehrich ignored these commands and advanced down the hallway toward the deputy, who was in the doorway of another bedroom taking cover and commanding him to drop the gun. Ehrich responded that he was prepared to shoot her and continued to advance approximately 22 feet down the hallway to the room where the deputy had taken cover.

Ehrich stepped into the room with the deputy, still holding the gun in his hand. The deputy fired her agency-issued GLOCK 45 9mm pistol three times, striking Ehrich. Ehrich received emergency medical treatment at the scene and passed away at the hospital. The deputy’s body-worn camera captured the entire incident.

An autopsy examination was conducted by the Hillsborough County Medical Examiner’s Office. The findings of the autopsy that were reported to FDLE are consistent with the body-worn camera video and the deputy’s account, with the examination identifying wounds from three bullets. The cause of death was determined to be gunshot wounds to the head and chest.

The name of the deputy 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 deputy reasonably believed she was in fear of imminent death or great bodily harm when she used deadly force. She 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 the deputy.

To review initial materials related to this case, contact Hillsborough SAO Communications. Documents related to the case, including 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.