Category Archives: Use of Deadly Force Reviews

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.

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.

Following an extensive review, our office has concluded that a deputy from the Hillsborough County Sheriff’s Office was justified in his use of deadly force against 35-year-old Daniel Lighty on December 9, 2021. Our review determined that several Hillsborough County Sheriff’s Office deputies responded to multiple 911 calls of a man in a Brandon parking lot firing numerous rounds from a handgun. When uniformed deputies arrived, they observed Daniel Lighty, armed with a gun, standing near a minivan in the parking lot of the Washed Up Car Wash. Lighty was firing his gun indiscriminately in the middle of the day near a busy road, endangering the lives of members of the public as well as the responding law enforcement officers. Surveillance and body worn camera video then show Lighty directing his fire at the responding deputies and ignoring repeated warnings to drop his weapon. Lighty fired multiple rounds at the deputies from his 9mm pistol. In response to this, one of the deputies fired his weapon three times at Lighty. Neither Lighty nor the deputy was struck. 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
• examining physical evidence
• reviewing video evidence
• reviewing photographic evidence
• reviewing 911 calls, radio communications, body worn camera footage, and relevant audio
• applying the applicable laws

The Hillsborough County Sheriff’s Office conducted the investigation. The investigation found that 911 calls from members of the public began coming in at approximately 12:48 p.m. on Friday, December 9, 2021, and deputies arrived at approximately 12:53 p.m. Multiple 911 calls described Lighty’s location and the fact that he was firing several times and reloading before law enforcement arrived. Responding deputies encountered Lighty, armed with a gun, in the parking lot of the Washed Up Car Wash at 834 East Brandon Blvd.

Surveillance video shows Lighty firing multiple rounds prior to law enforcement’s arrival. The surveillance video also shows Lighty continuing to fire his gun after the deputies arrived and directed him to drop his weapon. Lighty is seen on video firing in the direction of deputies. There is also damage to the building where the deputies were seeking cover consistent with Lighty’s shots, as well as body worn camera footage from multiple deputies. A responding deputy’s vehicle was struck by a bullet fired by Lighty while the deputy was responding to the scene and before any shots were fired by a member of law enforcement.

Lighty was warned to drop his weapon several times before the deputy fired, but the warnings were ignored. The deputy fired three rounds from his handgun. None of the rounds struck Lighty. After being fired on by the deputy, Lighty continued to fire his 9mm pistol toward the deputies. This incident occurred in the middle of the day near busy Brandon Blvd., endangering the lives of many people in addition to threatening the lives of the responding law enforcement officers.

Members of the crisis response team from HCSO were ultimately able to make phone contact with Lighty and convince him to surrender. A search warrant was executed on Lighty’s minivan, revealing two 9mm pistols on the front passenger side as well as 200 rounds of unspent 9mm ammunition. A total of 76 spent shell casings were recovered in the area where Lighty had been standing—in the parking lot of the car wash and inside the minivan. Firearms analysis by the Florida Department of Law Enforcement determined that the two pistols in Lighty’s minivan had fired all 76 of the spent casings. No one was injured.

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 of this incident prove that the law enforcement officer reasonably believed he was in fear of imminent death or great bodily harm to himself, other deputies, and civilians when he used deadly force. He 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.

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.

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.

Following an extensive review, our office has concluded that we cannot refute the assertion by the victim that he acted in lawful self-defense in the use of deadly force against Kyle Shelton on October 4, 2021. Our review determined that the evidence is consistent with the victim’s assertion that he repeatedly requested and then demanded that Kyle Shelton leave his home, yet Shelton refused to leave and threatened to hurt the victim. The victim asserts that he then armed himself with a gun and again demanded that Shelton leave. The victim asserts that Shelton then shoved the victim to the ground, and—as the victim fell to the ground—the firearm in his hand accidentally discharged and Shelton was shot in the chest. Shelton died from this wound. 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 police reports
• 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 Hillsborough County Sheriff’s Office conducted the investigation and determined that on October 4, 2021, around 04:49 a.m., law enforcement responded to a home in West Tampa in reference to a shooting incident. Upon arrival, law enforcement located Kyle Shelton inside the home with an apparent gunshot wound.  Shelton was taken to a hospital where he was pronounced dead. The medical examiner later determined that Shelton died as a result of a single gunshot wound to his chest.

Investigation revealed that in addition to the victim and Shelton, there were two other people in the home at the time of the shooting, referred to here as Witness 1 and Witness 2.

Witness 1 was interviewed by detectives and told them that she was a friend of the victim and had been staying with the victim for several days. On the night of this incident, Witness 1 stated that Shelton came to the house around 10:00 p.m. to socialize with the victim. Shelton and the victim later went to the store to buy alcohol and returned with a young woman (Witness 2). Shortly after arriving at the home, Witness 2 began to ask Shelton to give her a ride home and Shelton refused. The victim then confronted Shelton about taking Witness 2 home. Shortly afterward, Witness 1 heard an argument and what sounded like something physical, then a gunshot. Witness 1 did not witness the actual shooting.

Witness 2 was interviewed by detectives and she explained that she had met Shelton and the victim at a local convenience store and asked them to give her a ride to her home. Shelton indicated that he would drive her to where she lived and she went with the men to the victim’s home with the anticipation that Shelton would then take her to her home. Once they got to the victim’s house Shelton refused to take her home; she then asked the victim and Witness 1 to take her home. Witness 2 then complained to the victim that Shelton had promised to take her home, which prompted the victim to confront Shelton about taking Witness 2 to her house. Later, Witness 2 was with Witness 1 in one of the bedrooms when they heard arguing, a physical fight, and then a gunshot. Witness 2 did not witness the fight or the gunshot. Once the shooting happened, Witness 2 ran out of the house.

The victim was interviewed by detectives following the incident. The victim advised that he and Shelton went to a local convenience store to buy alcohol and came into contact with Witness 2, who was asking for a ride home. Shelton agreed to take her home and brought her back to the victim’s house. Once they arrived, Witness 2 would not stop bothering everyone for a ride home and was complaining that Shelton had promised her a ride home. The victim then confronted Shelton, who was lying in bed in the spare bedroom, about taking Witness 2 home. He and Shelton argued for approximately five minutes and then the victim told Shelton that Shelton needed to leave the house. Shelton then refused to leave and told the victim, “I’m going to f— you up,” and, “Step one foot into this room and see what happens.”

The victim explained that he then got a gun from within the house both to protect himself and with the hope that the gun would persuade Shelton to leave. As the victim walked through his house into the kitchen, he ran into Shelton and told Shelton, “Now you’re going to leave.” The victim advised that Shelton then shoved him in the chest with both hands, causing him to fall backwards and trip over a case of bottled water that was on the floor behind him. As the victim was falling backwards, the gun went off accidentally. The victim advised that he had no intention of shooting Shelton. He immediately called 911 to report the shooting. The victim further said that he and Shelton had engaged in an argument three months before, during which Shelton had thrown him to the ground.

A short time after the victim’s interview, he agreed to participate in a video walkthrough of the shooting. In the video, the victim demonstrated his interaction with Shelton in the kitchen of the home and re-enacted the physical altercation, which included showing where and how he fell backwards and his position when the gun discharged.

Crime scene technicians located damage to the ceiling of the kitchen that was in an area above and behind where the victim indicated Shelton had been standing when the gun went off. The area of this damage is consistent with the victim’s account of the gun being near the floor when it discharged.

The weapon in this case, a .357 caliber revolver, belonged to the victim and was kept by him in his bedroom. Ammunition for the firearm was located in the area where the victim indicated he kept the weapon. The revolver was examined by a firearms examiner and test fired and was found to function as designed.

An autopsy examination was conducted by the Hillsborough County Medical Examiner’s Office. The cause of Shelton’s death was determined to be a gunshot wound to the chest. The direction of travel of the bullet as it passed through Shelton’s body was able to be determined and was consistent with the gun being discharged from an area in front of and below Shelton. This medical evidence is consistent with the victim’s account of the incident. Toxicology testing was also conducted by the Medical Examiner’s Office. Shelton’s blood alcohol level was determined to be 0.17 g/dL which is at a level that would be over twice the legal limit allowed for operation of a motor vehicle.

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 the firearm was discharged accidentally and a claim that the victim lawfully defended himself from the commission of a forcible felony or 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.