Deputy Estanislau Report 2019
Deputy Estanislau Report 2019
Deputy Estanislau Report 2019
Occurred:
03/ 26/ 2019
Location:
1028 Skipper Rd
Tampa, FL 33613
Involved Deputy:
Daniel Estanislau # 253881
Interviews '
FDLE '
Miscellaneous '
Professional Standards
Officer Resume
Department: DPDPS
District/ Division: DPSD1
Bureau:
Part 1I - Incidents
Received date: Jun 27, 2017 Occurred date: Apr 30, 2017
Classification:
Allegation( s):
Damage To Or Loss of Motor Vehicle From An Avoidable Traffic Crash - Sustained Jun 30, 2017
4. 6. 11 Damage To Or Loss Of Motor Vehicle From An Avoidable Traffic Crash
Disciplinary action( s)
Details
Certificates
Service
CPR Certification - 2018 2/ 15/ 2019 4:00: 00 AM Expires 3/ 2021 4:00: 00 AM Course Title
Law Enforcement In -
Service
Courses
Law
10/
22 -
26 Advanced In Progress Report Writing
of Motorcycle Crashes-
IPTM @ Hillsborough
Community College
Management System
Introduction Video
Message
Powered by Absorb
I raining History Report Reported b}• -lcudi.c 0 Readiness Suile 10/ 1 W2018
slau, Daniel P Person Status Active ' DOB EEOC Hispanic or Latino
mployment - -
erlifications -
Carbine Qualification 04/ 07/ 2017 10/ 19/ 2018 Active ( Active)
OfFDuty Weapon 1 Qualification , 04/ 25/ 2016 10/ 19/ 2018 Active ( Active)
Pinebrook Indoor Firearms Range Orientation 12/ 27/ 2017 Never Expires Active ( Active). "
Precision Immobilization Technique - PIT 06/ 03/ 2016 Never Expires Active ( Active)
vy Weapon. Qualification 06/ 03/ 2016 10/ 19/ 2018 Active ( Active) _
ndary Weapon Qualification 06/ 03/ 2016 06/ 03/ 2017 Expired ( Inactive)
Shotgun Weapon Qualification 06/ 03/ 2016- 04/ 07/ 2018 Expired ( Inactive)
raining
Training
CourselTitle ( Course No.) Training Dates Grade Status Category Hour
Training Division -In Service - HCSO_2018_ Law 10/ 30/ 2018 11/ 01/ 2018 0. 00% Enrolled 21h Or
Enforcement In- Service_ LE_ 39
Training
CourselThle ( Course No.) Training Dales Grade Status Category How
Training
Course/ Tirle ( Course No.) Training Dares Grade Status Category Hout
Speed Measurement( 1158)- 2017 41- 2017- 1158- 2 10/ 30/ 2017 ll/ 03/ 2017 . 100. 00%
Graduated - Salary 40h Or
I 11/ 03/ 2017 Incentive . I
Graduated -
Law Enforcement In -Service - 2017 10/ 17- 19 10/ 17/ 2017 10/ 19/ 2017 0. 00% In -Service 24h Or
10/ 19/ 2017
Graduated -
Firearms - Firearms Practice 10- 2017 09/ 28/ 2017 10/ 30/ 2017 0. 00%
10/ 30/ 2017
Graduated -
Firearms - Firearms Practice 04- 2017 03/ 31/ 2017 04/ 13/ 2017 0. 00%
04/ 13/ 2017
Systems Abilities and Functions 03/ 03/ 2017 03/ 03/ 2017 N/ A Complete Oh Or 7.
11 Graduated - Firearms -
Firearms Practice 03-2017, 03/ 01/ 2017 .: 03/ 31/ 2017 0. 60% 03/
31/ 2017 Total
Courselfirle (
Course No.)
Training Dares Grade Sraius Category How Independent
Study -
Discriminatory Profiling R 07/ 2h
01/ 20I6 12/ 31/ 2016 0. 00% Graduated - Or Profes ional
Traffic Stops 11/ 01/ 2016 Independent
2h
01/ 2016l ° 12/ Or
10/
Study-Agonal Breathing'- 07/ 31/ 2016 0. 00% Graduated ,
18/ 2016 _ Independent
Study Diabetic
- Emergency and 07/ 2h
01/ 2016 12/ 31/ 2016 0. 00%Graduated - Or Officer
Response 12/ 04/ 2016 1Independent
2h
Study Domestic
- Violence -07/ 01/ 2016 12/ 31/ 2016 0. 00% Graduated - Or 12/
04/ 2016 Independent
12/
Study Juvenile
- Sexual Offender 07/ 01/ 2016 12/ 31/ 2016 0. 00% Graduated - Or Y.
10/ 2016 2h
Graduated - Mandatory
Enforcement Module Training- SOT 39 03/ 28/ 2016 06/ 03/ 2016 0. 00% 240h ISr
06/03/ 2016 Retraining
Florida' Law Enforcement Academy ( 2000) - SOT Graduated -
10/ 19/ 2015 03/ 23/ 2016 100. 00% 770h 0r
Academy 39 03/ 23/ 2016
tlucation
liscellaneous
By service of this subpoena you are ordered to produce the following requested
information to the STATE OF FLORIDA:
ANDREW H. WARREN
STATE ATTORNEY
13T" JUD L CIRCUIT
BY
By service of this subpoena you are ordered to produce the following requested
information to the STATE OF FLORIDA:
ANDREW H. WARREN
STATE ATTORNEY
13ni 11JD10ALCIRCUIT
By
ATTORNEY
PLEASE BILL THE AGENCY LISTED
BELOW FOR ANY SERVICE CHARGE
DETECTIVE JOSEPH FLORIO
HILLSBOROUGH COUNTY SHERIFF' S OFFICE
2224 FALKENBURG RD.
TAMPA, FLORIDA 336I9
813- 247- 8676
1ICSO CASE H 19- 21 1277
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA IN AND FOR HILLSBOROUGH COUNTY
CRIMINAL JUSTICE DIVISION
By service of this subpoena you are ordered to produce the following requested
information to the STATE OF FLORIDA:
ANDREW H. WARREN
STATE ATTORNEY
13Tn JWDtG1 L CIRCUIT
ANDREW H. WARREN
STATE ATTORNEY
Hillsbomsh C
BY
INV R
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA IN AND FOR HILLSBOROUGH COUNTY
CRIMINAL JUSTICE DIVISION
By service of this subpoena you are ordered to produce the following requested
information to the STATE OF FLORIDA:
ANDREW H. WARREN
STATE ATTORNEY
13T11 JUDICIAL CIRCUIT
ByA
ATTORNEY 6S? Y15
PLEASE BILL THE AGENCY LISTED
BELOW FOR ANY SERVICE CHARGE
MONTH - DAY,,
TIME AM PM
jo AN
WH. WARREN /
STATE ATTORNEY
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 1 of 372
ROMINE LAW, P.A.
Stephen L. Romine, Esq.
Florida Bar Board Certified Criminal Trial Law Attorney
600 Bypass Drive, Suite 205
Clearwater, Florida 33765
727) 288- 2258/ Fax ( 727) 288- 2257
Steve@RomineLaw. com
Please find the attached statement from my client, Deputy Daniel Estanislau, regarding the March
26, 2019 shooting of a domestic violence suspect. In addition to the summary of events from the
perspective of Deputy Estanislau, I also wanted to provide your office additional information that
supports our position that this shooting was justified.
The cell phone the suspect held certainly could appear to be a firearm under the circumstances in
this case. It was being held in a manner consistent with a firearm. It was in an area where
individuals carry firearms. It was of a color consistent with a firearm. It was partially concealed.
The fact that Deputy Estanislau immediately verbalized commands to " drop the gun" shows he
believed the suspect had a gun. The fact that his disposition went from trying to calm the suspect
to suddenly becoming alarmed and drawing his gun shows he truly feared what he was faced with.
Significantly, Deputy Estanislau described the cell phone dropped by the suspect as having a
stand" on the back of the phone and that stand was in the " open" position. It is unusual for a
person to cant' a cell phone with the stand in an open position. Stands are meant to prop up a cell
phone on a table or other surface. No one normally carries a cell phone in their waistband or in
their hand with the stand extended.
While a cell phone without a stand attached, or without a stand open, can still be perceived as a
gunl, the stand being open in this case changes the entire profile of a normal cell phone. It further
reinforces Deputy Estanislau' s belief that the suspect was holding a firearm.
I In February this year, FDLE and prosecutors cleared Cocoa Police Officer Xzevies Baez for shooting a man
running towards his vehicle carrying a cell phone. The officer fired at the man six times through his vehicle window
because the officer saw "a black object in his hand" that the man was " about to lift it up ... and that' s when I believe
I was going to be shot at." And it is not just law enforcement mistaking cell phones for firearms. See
htlpsJ/ www fox2lnews wm/ news/ local/ police- called- after- cell- phone- mistaken- for- kun/ 1464604306 ( several
man with a
gun on his hip; it was a large black cell phone).
I understand that your agency has certain duties to not release information during an investigation.
And I understand that the media only can report what information it receives in writing a story.
But the public report that " no weapon was found" in this case unfortunately I believe has created
the impression that nothing was found to explain why the deputy thought the suspect had a gun.
We know the cell phone was on the suspect and that the deputy did not fire his weapon for no
reason. I would anticipate your investigation will confirm this important evidence.
The lighting conditions for Deputy Estanislau to assess this threat were less than ideal. This call
for service reportedly came around 7:45 p.m. and Deputy Estanislau arrived on scene thereafter. I
have attached to this email the U. S. Naval Observatory Sun and Moon Data for Tampa on March
26, 2019. Sunset occurred that day at 7: 44 p. m., before Deputy Estanislau had contact with the
suspect. Civil twilight ended at 8: 08 p. m. Thus, the contact between Deputy Estanislau and the
suspect occurred as dusk was phasing to darkness.
The complaint against the suspect was for violence against his own family, including apparently
striking his own mother. Whether the call alleged a weapon was involved or not does not eliminate
the potential threat that the suspect could be armed. A traffic stop for a simple taillight infraction
has no indication anyone is armed, yet officers still approach that vehicle with an eye towards
assessing that threat, often with one hand on or near their service weapon. Deputy Estanislau knew
he was going to be involved with a person accused of violence against his own family, and that
backdrop to this call matters in assessing the split second decisions he had to make.
Deputy Estanislau has exhibited a history of restraint in using deadly force despite circumstances
that could have warranted it.
In Deputy Estanislau' s performance evaluation review in his personnel file, it was noted that:
As reflected in his August 8, 2017, diary entry, Deputy Estanislau demonstrated poise
and restraint while responding. to a call for service involving a suspect that was
allegedly armed with two hand guns ( 17- 567330). Deputy Estanislau and Deputy
Grace responded and were able to come in contact with the suspect, detained him
without using force and determine the handguns were in fact BB guns. Deputy
Estanislau responded decisively in a critical situation and avoided making an
impulsive decision.
In October of 2018, Deputy Estanislau again exhibited significant restraint in responding to a call
at approximately 9: 52 p. m. of a female with a gun in her hand stating she was " going to shoot
someone." ( HCSO Report 2018- 714004). Upon arrival, bystanders further advised Deputy
Estanislau the female with the gun " was waving, it around."
Deputy Estanislau located the female and observed a " black in color firearm" on her waist. Deputy
Estanislau drew his weapon and advised the female to place her hands on her head, but the female
refused. The female then repeatedly placed her hands back on her waist ( which held the gun) and
into her pockets. It is not hard to envision these circumstances leading some law enforcement
officers to use deadly force when her hands went back towards the area holding the gun. A male
citizen recognized the threat Deputy Estanislau was faced with by the female' s conduct, telling the
female to listen to Deputy Estanislau' s commands or she was " going to lose her life."
2
Despite these dangerous circumstances, Deputy Estanislau showed great restraint and did not fire
his weapon. The firearm tamed out to be a BB gun. The male that witnessed the handling of this
incident stated to Deputy Rivera assisting with this call, " You guys handled that very well and I
glad you guys got here quick."
Two months later, in December 2018, Deputy Estanislau was dispatched to a domestic violence
call where a male was beating a female and had a knife in his hand ( HCSO Report 2018- 885302).
Upon arrival, witnesses pointed out the suspect and advised he had a knife in his pocket. Deputy
Estanislau drew his weapon and advised the suspect in both Spanish and English to place his hands
on a vehicle. The suspect refused, and instead started to advance on Deputy Estanislau. An
individual accused of violence with a knife on his person that charges a deputy -- despite being at
gun point — is a scenario where law enforcement officers may resort to deadly force. It takes just
a second to grab a knife to attempt to stab an officer.
Again, Deputy Estanislau avoided using deadly force. Instead, he hand -checked the suspect that
insanely chose to advance within arn' s reach of Deputy Estanislau while Deputy Estanislau had a
gun pointed at him. Upon pushing the suspect down, two knives approximately seven inches long
fell from the suspect. A witness noted he had one knife in his waistband, and one in his pocket.
This is not a deputy that has a history of being " quick on the trigger" or impulsive. Deputy
Estanislau' s history of facing threats is one of restraint. In the case currently under investigation,
Deputy Estanislau showed that same restraint. He first tried to handle the matter by calming the
suspect. He did not come out of his vehicle aggressively. He tried to simply talk to the suspect
and reason with him in a non -threatening manner. When Deputy Estanislau perceived what he
believed to be a firearm being held by the suspect, he again exercised restraint. He did not fire
immediately. He gave repeated verbal commands.
Had the suspect simply followed the commands given in this case, the outcome would have been
different. All of this could have been avoided if the suspect dropped what he was holding or moved
his hands away from the object.
If a person is carrying a cell phone and a law enforcement officer draws a weapon and verbalizes
they believe the person has a firearm, a reasonable, rational response -- at a minimum — is for the
person to move their hand away from the cell phone or drop it. It is also not unreasonable to expect
that the person would also communicate to the alarmed officer, " It' s just a cell phone, it' s not a
gun," or words to that affect. What is not rational is to ignore the officer' s commands, maintain a
position of holding the object that is a threat to the officer and then make movements with the
object that place the officer in fear of being shot.
This is a very sad incident for everyone involved. However, it is a result that the suspect could
have avoided by simply complying with Deputy Estanislau' s instructions. Thank you for taking
the time to review this. If you have any questions, please let me know.
Sincerely,
3
This summary statement regarding' my use of force is made to the best of my
recollection regarding a very stressful, unexpected situation.
On March 26, 2019, 1 responded to the domestic violence call. As I approached the
call address on Skipper Road, a middle- aged black malewearing glasses on a phone flagged
me down and pointed to the direction of the suspect, stating " that' s him." I turned
suspect was on foot walking away from the call address. I puled up towards the
suspect in my vehicle, parked, and exited the vehicle. I asked the suspect if I could
talk to him for a second. He indicated he did not want to talk. During my initial
observations of him,he was sidestepping, glancing back and forth, and would blade
towards me with his left shoulder. I
began to walk towards him, walking past my front bumper, advising that I just wanted
to get his statement about what happened, try to clear this up, words to that affect.
He appeared very agitated and was acting in a way that I thought he may be getting
ready to run. I was trying to calm him down, both in my tone and in my body language.
As
I walked towards him, he turned to face me. That is the first time I noticed he was
holding a black object in his waistband with his right hand. It ap eared to me to
be a gun. Based on my training and experience, it was in an area consistent where guns
are carried and the manner in which the suspect was holding the object was consistent
with holding a gun. In the split second of seeing this and believing it to be
a gun, 1 drew my weapon. I
recal shouting " drop the gun" repeatedly. I may have also told him to show me his
hands or place his hands up,but under the stress and speed of this incident 1 am not
completely sure of my exact words. The suspect did not comply with any of my commands.
Instead he kept blading towards me,still appearing agitated, looking all around,
and not dropping or moving his hand away from what I beli ved to be the gun.
While his left shoulder was bladed towards me,he then made a movement that appeared
to be positioning the gun towards me with his right hand —
inconsistent With
dropping the gun or moving his hand away from the gun. I thought 1 was about to
be shot and feared for my life. That is when 1 im ediately fired two shots.
The suspect fell backwards. The object he was holding came out of his hand and
landed on the ground. That was the first time I saw that it was a black cell phone
with a stand attached to the back. The stand was in the open position. At no time
prior to firing my weapon did I know or believe the object was a cell phone. I recall
advising dispatch shots were fired, hold station, and have EMS stage.
As soon as he fell, I ran to him. As I patted him down, I asked where he was shot.
He indicated his back, which surprised me. I knew 1 did not shoot him from behind.
I turned him over on his stomach and saw one bullet wound near his left shoulder
blade area, which was consistent with the bladed position he had been in. I did not
see an exit wound.
I put on my gloves and began to apply pressure to the wound. The suspect began
trying to get up. I kept telling him to stay down while 1 maintained pressure to the
wound. Upon Deputy Perez arriving, Quick Clot was applied to the wound. Other
deputies then took over the scene.
At no time after I made clear that I believed he had a gun did the suspect say
anything. He never dispossessed what he was holding and never put his hands up in
the air or out to the side to show he had no intention of being a threat to me or others.
Had he simply complied with my commands, dropped the object or placed his hands
away from the object, this incident would have never happened. 1 tried to diffuse
the situation from the outset and did not initiate this contact with my weapon drawn
or with any intent or desire to shoot anyone.
Sun
0
Sunrise 7: 27 a. m.
Sun transit 1: 36 p. m.
Sunset 7:44 p. m.
End civil twilight 8: 08 p. m.
Moon
Moonrise 12: 45 a. m.
Moon transit 6: 13 a. m.
Moonset 11: 40 a. m.
Closest Primary Moon Phase: Last Quarter on March 28, 2019 at 12: 10 a. m. ( local daylight time)
Phase of the Moon on March 26, 2019: Waning Gibbous with 65% of the Moon's visible disk illuminated.
Back to form
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
TRANSCRIBED INTERVIEW
Thursday March 286 the time is 10: 3I. Deiective Florio ABN 2059144 phis is reference
IiCSO case number 2019-211277. Curently in The Land 0 Lakes area at a confidential location with Can \otl State
Four first and last name? PEREZ: Deputy Arm ando Perez, FLORIO: And
sir FLORIO:
Where do \
ou work' I PEREZ_
working on Tuesdav
dispatch... if you could, could Noll raise \ our right hand Swear and atfimt c\crN' Ihing
you' re going to Ill me is the truth, the whole truth and nothing but the truth'? PEREZ:
Yes Sir FLORIO: Oka\. I called
you on The
phone to let you know that I was going to come b\ just to get a quick statement I} om vau
in ref rence To the use of deadly force from the other nighl.' 1'hal-s correct" PEREZ:
Yes sir. For: 205814 Printed On:
May- 01-2019 (
F!- ORIO: Okay, If you would could you tell me if you were dispatched to or did you,_ were
you just in route to you lust decided to put yourself in route to the call at
Skipper Road.
PEREZ: I placed myself in route based off of a duplicate call that came out.
FLORIO: Okay,
FLORIO: Okay,
PERE- Z: And 1 saw the call, They got dispatched but I saw the duplicate so 1 placed myself
51 to it, in route
FLORIO OkaY. Do you remember what time you got to the call'!
PEREZ: What time specifically? I can recall off the top of my head, no.
PEREZ: I went... while I was in route we were updated by the deputy on scene that there
was shots fired,
FLORIO: Okay.
PEREZ.: So l... I came in from the west side and I located him on the sidewalk.
PI7REZ: I obsen' cd Eslanislau holding the... the subject I believe Fulmore on the ground as
if he was applying pressure.
FLORIO: Okay.
PEREZ: As soon as I got out he said get your quick clot. I grabbed my quick clot and I
started to render aid.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 3 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPV
GO# HIS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED
PFREZ: Did...
UNKNOWN: Daddy.
PEREZ : Yes,
UNKNOWN_ inaudible)
PEREZ : I knot% Do con wane... do you . cam me m bring him in here tcith you?
UNKNOWN: Yeah.
END OF RECORDING
FLORIO: Were back on recording with Deputy Perez he had to lake care ofa family matter.
We Icli oliwieh you tycrc the tirsi.,, as you came up m Ucpmy Eslanisluu what did
rou observe?
PEREZ: I observed him applying pressure, whal had seemed like to me like he was applying
pressure with the on the sidewalk. Soon as I got of he asked me In
get the quick clot so 1 grabbed my stuff.. I rendered aid.
FLORIO: Okay. At any point did you engage Deputy Estanislau in any type of conversation"
PERK%: Initially I did. I said... I said are you okay. And I said what happened. And he
as... I can ( ell he was son of in shock the whole situation. His eyes were... were
big and he said... what did he sac" He said... oh he said ask... ask the people if they
sat+t' I here was... at that time it seemed like if people . started to realize what %vas
happening so they started approaching and... and he said ask the guy If he sa\ V. By
that time another deputy arrived and he kind of told the subject to kind of step mcay
from the scene
PERK%: That ts' as I can' t remember off.. I think it was Deputy O' Brien.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 4 of372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
FLORIO: Okay.
FLORIO. Did Fstanislau... when you asked Fstanislau about whal happened did he tell you
what happened?
PFREZ- Yes.
PFREZ._ By the time Richardson. Deputy Richardson showed up eve.. you can obviously tell
that Deputy Fsianislau was in shock and and he was a bit shaken up.
FLORIO: Okay,
PFRFZ_ So when Richardson showed up he pulled him aside off of cause Fstanislau % vas
still helping me with rendering aid So when Richardson showed up he took him
aside.
I' IARIO: Okay. Is there any other... did you overhear Estanislau make any statements to
anybody else"
PFREZ: No.
FLORIO- Okay. Is there anything that I haven I asked )' ou that you feel would be important
for the investigation"
PER17Z No. No. When... when we were looking for the gunshot wound it was on his back.
So I said,.. so I asked him. -. I asked him is there... did you see an exit wound did
ou See anything like that. He said no. no, 1 don't know how, _,1 don' t know how it
went in his back.
PFRIiZ: Estanislau.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 5 of372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
PEREZ Immediatel p... immedialely when we were rendering aid we were... I gave him the
quick clot and we were looking for... for the exit wound.
FLORIO: Oka%,
PEREZ : And we couldn' t find it. And then that' s when he said... he said I dndl know hosv
it... how it hit him on the back.
FLORIO: Okay. I low did % ou dctcmtine which was entr%.,. what was an entrance wound'
PERCZ: We... we didn i but we saw that one so were trying to find a dillerent another...
F LOR I O: Oka%,
PEREZ'. Ycs,
FLORIO: Oka%.
PF: REZ: lie said_. he said I don know how I.. I don know how it hit him in the back or
something like that.
FLORIO: Oka%.
PFR17Z- Can I remember % erbatim what he said but something about I dolt know he%%
it... it hit him on the back. And I think that' s what made him go into shock cause he
was — he was like what you know what happened. In my interpretation of his shock
was like what... cause it all happened so fast.
PFREZ: No,
FLORIO: Okay. Was there anybody that you interviewed at the scene?
PFR17Z.'. No sir
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 6 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
ITORIO: Okay. Is there any other statements or anything else that you can think of that
would be important for the investigation!
171- ORIO: Okay. All right. ' I bar is all the questions I have for you. I appreciate your time. Iln
gonna stop the interview at 10: 35.
END OF INTCRVIFW
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 7 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Y1NwzkitjMIMtoI YIaMIa1n
FLORIO: It' s Fridae March 29`^. The lime is 6: 23 pill. Deteclive I' Iorio AHN 205814 in
relcrcnce to HCSO case number 2019- 211277. I' m currently within my vehicle in
front of the District 1 once at 14102 North 20ih Street. Also %ith me is Depute...
PEREZ: Is 254523,
FLORIO: All right, Deputy Perez ifynu would raise your right hand Do you wear and
anon to tell me the Truth, The whole moh and nothing but the Truth?
FLORIO. Okay. We spoke }'csierday 1 told you that I' m not going to go through \ our entire
statement again. but there is a follow up question that came up that I would like to
ask you. Is that okay?
FLORIO: Oka\. As you arrived on scene did you obsme any ph\ sical evidence near the
subject that you guys ended up rendering aid log
PEREZ: Yes,
PEREZ:
There was a phone, a black phone wish like a black case on it that vas ... that had
like a kick stand an the side" alk above his maybe like right arm area or right
shoulder area about I- d say a fool mvay, a foot or two m\ ay. And there was a... a
baggic of some son of narcotic. It was like a green leaf\ substance or a brown leali,
substance.
FLORIO: Okay. When you talk about the phone did you remove... did you remove an\
property from the subject on the ground'?
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 8 of372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
PEREZ.. No sir.
FLORIO: Okay. As you came up to the... this is just so I' m coffee[, as you came up to the
scene this physical evidence was in the place Where it was, where you observed il'?
PEREZ'. When,,, yes when I shoved up there was a phone on the sidewalk.
FLORIO: Oka),.
PEREZ: Yes.
FLORIO: So in other words you didn' t take any property out of the victim... out of the
subject' s possession for whatever reason, just to gel it away Irom him or to .. or
anything of that son'
PEREZ: No.
PEREZ: Yes.
17LORIO: Okay, Do von remember when vent came to the scene exactle who was there?
PLORIO: Okay,
FLORIO: Okay.
PEREZ: After that I feel like it wasjust, I couldn' t keep track of who showed up next or
who because there Was multiple deputies that arrived shortly alter,
FLORIO: But you were the first person, the first depot% aside liom Eslanislau that was there'
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 9 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
FLORID: Okay, All right. That' s all I hace. I' m going to end the recording at 6: 26 pm.
END OF INTERVIM
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 10 of372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
NO. 19-
211277 DA 117 27
March 2019 TIMfi 1713 Hours
LOCATION Publix Parking
Lot Intersection Florida and Nebraska. Tampa, FI.INTERVIEW OF Dep.
K,
O' Brien. ABN 256560 INTI? RVIEN' ED
BY Det.J.
Florio, ABN 205814 FLORIO: It is
Wednesday March 27ih. The time is 513 part. Detective Florio ABN 205814. This is going to
be in reference to I ICSO case number 2019- 211277, 1 am currently' within my vehicl at...
in
a Publix parking lot at the comer of or at the intersection of Florida Avenue and Nebraska
Avenue- And I am currently with Deputy can you state your first and last
name" O' RKIEN: Kevin O' Brien.
apostrophe between the O and the B couec19 O' BRIEN: Yes sir. FLORIO:
could you raise your right hand. Do you swear and affirm what you' re going to tell
me is the truth, the whole truth and nothing but the truth? O' BRIEN: I do. FLORIO_
or did you end up going to 1250 Skipper Road last night'' BRIEN: Yes sir_
For:
N' I' ERVIEW OF DEPU Y KF.YIN OTR I EN, ABN 256560 Page 2 of 4
HCSO CASE NO. 19- 211277
FLORIO: Okay Which one was it'? Were you dispatched or"
FLORIO: Okay_
O' BRIEN_ At first once 1 heard Deputy Estanislau was 1025 1 Was in the complex driving to
apartment 46 to try to see Where he was. And then he said that there Was a... over
the radio he said shots fired. And I circled through the complex to try to find him
until he said ( hal he was out in,,. on the road. on Skipper Road.
FLORIO: Okay. So you said ) ou... he had said over the radii), meaning Estanislau said over
the radio that he was on Skipper Road. Did you go to him at that point?
FLORIO: Okay.
FLORIO: Okay Were there any other... were you the first deputy to get with him or was there
somebody else there"
O' BRIEN: I pulled up at the same exact time as... as Deputy Perez.
FLORIO: Okay_ What were... what actions did lnu take once N' Mi got out of the car?
O' BRIFN: As soon as I got out of the car he 1 saw Estanislau was rendering aid to... to the
subject on the ground and I inmlediately said put gloves on. And Perez ended up
getting some of his quick clot and began doing._ began helping do pressure on the
wound. And I ended up there was some people all around us. I ended up kind of
pushing them back to get them away from right on top of us.
O' BRIEN: It was... it Was lust pedestrians around. There was a one of the witnesses his first
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name was Jose, I have it .. I have it written dorm on my notepad. And he said he
saw... he was kind of aware of what happened. fie said that he saw sonic stuffso
w' c kind of... 1 put him to the side and had him wait with... wait on the side where I
was still able to watch him while we... while we rendered aid to him belme .. until
other deputies arrived to interview with him_
FLORIO: Okay Was that the same subject that you guys held onto last night and the detective
ended up talking to him later on?
O' BRIFN: Fin not sure who spoke with him because 1_. basically once he Was,.. I put him to
the side Deputy Lamb was with him the whole time. And I end up staying on scene
and watching... watching all the evidence.
FLORIO: Okay_ At any point did you have contact with Deputy Fsianislau?
OBRIFN: When I first got there I just I made sure I just asked are you okay and he said yeah,
Ile goes will ynujusi give me... start doing pressure basically on... and get the
quick clot to put it in his wound.
FLORIO: Okay. Did he... you just asked him if he was okay'! Did you ask him what
happened'
FLORIO: Okay- And ]- in lust looking at something. You said that the gentleman' s name that
you held onto there was Jose"
FLORIO: Okay_All right. But gelling back to the point of this was there any observations that
you made that Were peculiar to you at the scene?
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GO# HS 2019- 21 27 ACTIVE/ OPEN BAT ERY- 1 BATTERY - AGGRAVATED INTERVIEW OF DEPM Y
KEVIN O' BRIEN. ABN 256560 Page i of HCSO CASE NO. 19-
211277 FLORIO: Okay. O' BRIEN',
I mean
I know when I was coming...when 1 was coming through the apartment complex 1 had inn,
window down. I never... I never heard any shots hen 1 was in the complex which was
I mean only maybe a hundred or so yards away, FLORIO: Oka%.O'BRIEN:
But when
the subject that aid was being rendered to.did he make any statements, O' BRIEN- No. I
le --
he was making noises but I_.
it wasn' t... I couldn' I tel what he was same or anything. lie
was kind ofjusl moaning. FLORIO: Oka,.All right
Did you collect any evidence from the scene? O'BRIBN- No. I
conduct any actual interviews with any individuals on scene, O' BRIEN: No. FLORIO:
Okay. Thal is
all 1 have for now. Is there anything that 1 haven' t asked you that you think would be important
or on
% feel that you should share for the im cstigation, O'BRIEN'. No. That
April 3. 2019
FLORIO II is Thursday March 28". The lime is 9: 40 am. Detective Florio ABN 205814. This
WEG: 253967.
WEG: Yeah.
WEG- District 1,
WEG: 108,
WEG: Yes,
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FLORIO: Okay. What was.., tt erc %ou dispatched or did you arrive on a call al Skipper
Road?
W17G: Yeah. 1 wasn I dispatched to it. I responded after hearing shots fired over the radio.
FLORIO_ Okay. So when you heard shots fired on the radio do you knot, who had said that
on the radio?
FLORIO: Okay. Do you remember what time you got to the scene.'
FLORIO: Oka%. So when you arrived at 1949 t, here did you arrive to'?
WEG: leaving a disturbance. I came up Nebraska and went east on Skipper from
Nebraska.
FLORIO: Okae
WI? G: And I parked my car just cast of the incident area along the road.
WEG: South side I blocked the cast bound lane of travel on Skipper...
FLORIO: Oka%
FLORIO: Oka%. Was there anvbodv else at that scene at that lime"
W I? G: Yes. So when I got out of my car I saw Deputy Estanislau, Deputy Perez and
Deputy 0Brien tending to
FLORIO: Oka%.
WIiG: ho " as on the ground. And then Deputy Richardson approached with his
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medical bag.
FLORIO: Okay. What actions did you take when you went to the scene
WEG'. Whch I for there I got out of my, car. As I drove there 1 drove past EMS was staging
so I asked them if it was okay for EMS to come in and then 1 think Deputy O' Brien
got on the radio told them it was. Depmy Richardson then approached
with his bag and Depuy Estanislau stood up and I walked over to him to make sure
he was okay.
WEG: No. I mean 1 just told him you know I pill my hand on his shoulder I was like You
know are you good, you know making sure he' s okay. I didnl ask him about what
happened or anything like ( hat.
WI'. G: Yes. So he was kind of like pacing around You could tell he was frustrated you
knmy upset And he was lust like you know why' d he make me do that. And I
was,,, [ just asked him if he needed water, if he wanted to sit down in my car
anything like that. And he... he just kind of walked around for a little bil. And then
he ended up silting down in the passenger seal in my, car for a minute, 1 of lered him
water you know if he needed food or anything like that. And I sal in the car with
him until a supen• isor came over.
FLORIO: Okay. Did he actually make the statement saying why' d he make me do iluuP
WFG: Yes.
WEG: Yes.
wl: c, Alter that when he was sitting in my car you know he was just like you could tell
he was just sitting there you know like 1 said 1 wasn' t asking him anything like that
but he... he was just like how' d L.. how' d I get him in the back. And]... I said to
him did he turn and he kind ofjust stared. And I was like I' m sure it was a blur and
FLORIO: lie said... Estanislau said to you how did 1 gel him in the back'?
WEG: Yeah.
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FLORIO: Okay. Did he... what... ] wanna break that down a ] title bit.
FLORIO: How did he__ what did he say after that meaning Estanis] au4
WFG: Yeah. Well 1 said to him you know maybe he tamed, did he turn and he didn' t
respond And I was like ]' in sure it was a blur. And then that was prettymuch it.
So I
think at the time he bdicced that he had you know hit him in the back. Which is why'
he said that. FLORIO:
Yeah. FLORIO:
that I have it right. When Deputy Estanislau says to you how did I get him in the back
and then you stated to him maybe he fumed. WEG:
Correct, FLORIO:
Okay. WEG.
Yeall, FLORID,
No. FLORIO:
No. FLORIO:
Okay. WEG:
No.' I' hen I moan we stayed in my cur until you know a supen- isors kept coming over
to hint and then he went with Corporal Nikic. FLORIO:
Okar. Was there any other statements made by Estanislau to you whether they be pertinent
or not pertinent to the im' estigalion? WEG:
WEG: Toward the end of the time like he was sitting in my car. So all you knots afler he
said you know after he asked about how did he hit him and then we were silting
there. And he was just you know, like I said you could tell he was thinking kind of
in shock, a little bil upset, and I' m sure the %%
heels were spinning. And he Insl was
like you know do you think I' m gonna get fired.
WIG: I did. I told him I don' t know but I know you got three great supervisors that' ll you
know have your back.
FLORIO: Okay. Is there any other statements that he would' ve offered from there?
WIG: No.
FLORIO Okay. Did you ask him any other questions at that point?
WEG: No.
FLORID: Is there anything that I loo a asked you... that I ha%ell'[ asked you that you think
would be important as it relates to any statements or... or any circumstances that
you observcd at ( he scene?
WIG: Not... well so when I got there and I think I put it in my supplement.
FLORIO: Okav
WEG: You know I noticed he was laying on the ground and then there was this cell phone
as about two feel west of him on the sidewalk there.
WIG: I guess was laying on the ground and ( hen there was like
a black cell phone on the sidewalk in front of him.
WFG: I believe he was wearing a red shin but they had it pulled up as well so cause you
know they were ( ending to his wounds.
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WEG: No
FLORIO- I ike any qu ick clot appl ication, any. . anything of that nature?
FLORIO: Oka}'.
WFG: Yes. I don' t know... I knew Richardson approached with his medical bag.
WEG: Yes.
17LORIO: Okay.
WEG: Yeah.
WEG: Correct.
WEG: Armando.
WEG: Yes,
FLORID: All right. Okay- So to your knowledge Perez was already on scene when you got
then?
WEG: Correct.
FLORIO: Okay. Is there anything else that I havenl asked you that you' ve or any statements
that %core made that... that made to you pertaining to the investigation at the scene'!
WEG- No,
FLORIO: Okay. That s all I have. Do you have any questions for me as it relates to the
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invcstigalion7
WFG: No.
FLORIO'. Okay. Then I' m going to end the recording at 9: 48. Thank you.
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TRANSCRIBED INTERVIEW
TABOR: All right. Today' s date is March 26, 2019, It approximately 2107 hours. I' m
Dctcclirc Tabor ABN 218707_ And I' m conducting this interview in reference to
ITCSO investigation 2019- 211100. 1"m her inside of my, car in 1250 Skipper Road or of
1250 Skipper Road It' and Ms. An et Gaddy is that correct ma " am'? GADDY,
That' s correct.
your full name for the record for me Nis. Gaddy') GADDY: Annette A- N-
N- F=
I'-
T'-H Gaddy G- A- D- D-
Y.. TABOR_ And when' s
right. Can
you do me a favor and raise your right hand? And do you stacar and affirm that everylhing you'
re going to tell me tonight is going to be the truth?GADDY: Yes. TABOR: Oka%
Thank you \
cry much, Before eve get started are you currently under the influence of any drugs
or alcohol? GADDY No, TABOR: Are
you currently
on any medications that Nou1d prevent you Gom hating this conversalion with me right
noN?For: 205814 Printed On:
GADDY: No.
TABOR: And you' re feeling other than being scared and a little nervous and everything wi( h
What you witnessed, other than that you' re okay to talk to me?
GADDY: Yes.
TABOR:
Okay. We were called here in reference to a deputy in some kind of shooting
investigation is %%hat my understanding is. And 1 was instructed or requested to
come talk to you because you may have Witnessed something.
TABOR: All right Can youjust star( from the beginning and ( ell me you knout kind of where
you' re coming from and what you sow.
GADDY` So I was coming back, on my way back to my house over on Bain Wood. I usually
cut through off of Bearss onto Skipper Road and then go over to Fletcher. So today
1 saw a light when ]._ police officer' s light when I was... when 1 tamed onto
Skipper Road oB' of Bearss as I was approaching. So traffic was slow coming
through I' m assuming because of the light... because the light was blinking. i here
were probably two cars ahead of me, two or three cars in front of me.
GADDY: that I remember And as I was approaching to pass the police officers car I saW
the officer out of the %chicle and was approaching somebo__ a manor a boy with
red dressed in red, had a like a red hoodic, a Ted shin, long sleeve shin_ As the
officer was approaching I saw the person look back and then start to run. And then 1
just _. 1 heard three pops, pop, pop, pop and then the person fell to the ground.
TABOR: Okay
GADDY: And by then Too like passing and seeing the person on the ground_ And I first
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TABOR: Okay.
GADDY: Then 1 was gonna pull off but then I was like no. I cant. So I just pulled ocer right
here where I ant.
TABOR Oka%.
GADDY and stopped And I just kind of w'aited.' I hen I got out my car and I walked up to
the sign and was asking you know it he was okay. if he was alive %ou know and 1
never did gel anv answer from that so,
TABOR: Oka,. Well I appreciate you having the where with all of stopping and you know
sharing wllh US wllm you witnessed, Okay- And I apologize that you ._. )
On
witnessed Thal. We' re in a car right now and this can' t... this audio recorder doesnt
have a viden camera on IL Oka%.
TABOR: But you' re pointing over here and the car I' m assuming the car that you re pointing
to is...
GADDY MY red.
TABOR: And you' re driving west bound on Skipper Road. Is that currect7
TABORS Now you said when you turned on or when you were at Bearss turning onto
Skipper )' ou saw a light?
GADDY- hen I turned,,, afler I turned off of Bearss onto Skipper as 1 was approaching I
saw a light. the police officer' s light flashing___
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED
GADDY: Yeah.
CADDY Yeah.
TABOR: Okay. Were youhow fordo you think you were away from that car?
GADDY- I was right down there by like where that Iaundroma, that little ph¢ a is as you
come around that curve
TABOR: Okay.
GADDY: And I noticed the lights were Dashing. I was on the phone at that time talking to my
daughter And 1 said wow a Sheriff car is down here Dashing. I wonder what. s
going on you know. h was slow so.
TABOR: Where was the car at, the car that had the lights on'?
CADDY It was down there by like... it was past ( hat, down by the US Storage. like right by
the store_ There' s a little store.
TABOR: Okay.
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TABOR: And was it one of Ihcsc marked curs ( hat sae ShcrilTon ( he side'!
GADDY: Yes,
GADDY: Iln thinkine, yeah. Cause ( herds another store so it was like between the US
Storage, a little bit passed the storage coming back ( his way.
TABOR: Okay.
TABOR: Okay. So do woudo you think it was, and if you don' t know you) usl...
GADDY Yeah.
GADDY: I or not sure, I know it was between that Renmlex and that US storage.
TABOR: Okay.
GADDY: Because ( he guy staned running and he started running it was right there h}' the
storage. And then I tiaw film go do\\ n II w' a511" 1 that ISr from that How far is that'? I
can' t see.
TABOR. Well let' s do this. Let' s get out of the car and walk peer to ( ha( tape and maybe that
car is still there.
TABOR: All right? Okay. 1AVII just walk on this side over here. We' re not gonna he going
past that tape but obviously its dark oulslde right mote,
GADDY: Yeah. It' s like right about where the... where ( hat probably where that first car is
right there, where the lights are blink... where the lights are shining, right about
there.
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
TABOR: So we got ( his group of people and where that car is al?
GADDY: Yeah.
TABOR: Okay, So it technical]) is between the Rentalex sign and the US Storage sign_
GADDY: Now son re talking about the Sheriff car that I saw^
TABOR_ Yes.
GADDY. Oka%.
GADDY: No. See fm thinking it was cause I saw, the car when I was approaching_ So I
passed 1 know I passed those houses down there_.
TABOR: Oka,.
GADDY: 1 was coming in this direction so the car was facing this direction as well.
TABOR: Okay. All right so but you' re not sure about where that...
GADDY: I m mn sure exactly where cause sec I see a car down there flashing.
GADDY'. I saw the light flashing and then I came down and I saw a SherilTcar sitting on the
side.
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TABOR: Oka,.
GADDY: But I know he was outside the car+ shen I saw him.
TABOR: Okay.
TABOR. And you said there were two or three cars in from of vou?
JONES: and then when I came down yeah, there were some other cars in from of me.
TABOR: Okay_
TABOR: I understand, So the car bar had its lights on pulls oBon the shoulder, is pulled off
on the shoulder of the road on the north side with his lights on. And.
GADDY Yeah.
GADDY: And that was a little ways down and I' m still... I in still coming down, approaching
hen I sec Thal.
GADDY: Oh probably about thirty because it' s slow. Usually con come through this street
you get through okay. Bul I I' m assuming cause the lights were blinking cause
that' s + chy I slowed down. I slowed down because I sa+c lights flashing_ And then
hen I got... I approached a little further then I saw Sheriff.
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TABOR. Okay. So you approached the car or you' re coming, you approach. You see the
deputy standing outside the car^
One. TABOR:
What
side of the car was he standing on?GADDY
tic
was standing on the left side of the car and he was walking. TABOR:
Would
that be the drivers side or the passenger' s side" GADDY
Okay_
At this point are your windows up or down? GADDY:
My windows are up. TABOR:
Okay. What' s the deputy doing when you see him there'! GADDY:
Okay. Is he doing anything? Is his arms moving? Do you see anything in his hands' GADDY
I din' t se his hands moving or anything_ T just saw him walking towards that person.
TABOR:
I...I just assume a man, dressed in red I saw him look back. TABOR:
Okay. For:
GADDY. And that' s when 1 heard the three pops. And I looked and I saw him fall to the
ground.
TABOR. So the man looks back at the deputy. Then he takes off running,
GADDY^. This way, the same direction our cars are pointing in,
TABOR: And for the record you' re pointing to the west towards Nebraska Avenue
GADDY: Yeah.
TABOR: I low far did he get More you heard the pops'
GADDY: Not... not very far at all, It was a few... ma) be a few steps. It was close I mean it
fell like it was close prosimi( y.
GADDY : Three.
TABOR: W hat would con describe ( hose pops are'? I mean do you know what they were?
TABOR: Okav,
GADDY: I heard pop, pop. pop. Pop. pop, pop yeah. three times.
TABOR: Where were you at when you heard pop, pop, pop?
TABOR: Like so when you heard ( he pop, pop, pop were you passed ( he deputy and the
other guy or_.
GADDY : I was like right there. I was like right cause there were two,_, Iwo cars ahead of me.
TABOR: Okay.
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED
GADDY:
So when I heard ( he pop, pop, pop 1 was like right there beside, pretty much beside
passing where they were standing_
TABOR: Okay_
GADDY: And all of us, the first three, four cars put on brakes.
GADDY:
1 know we were all... I know the car in front of me put on brakes. I put on brakes.
And ( hen I look over and that' s kind of saw the guy falling to the ground.
TABOR:
Did you see or did you see anything in the guy' s hands that was " caring red?
GADDY: Huh- uh.
TABOR: Okay.
GADDY: But I wasn i really looking, von know. I wasn' t looking for anything in anybody' s
hands to be quite honest.
TABOR: Okay, Did that subjce( make any sudden or furtive ntoventents like..'
TABOR: Okay.
TABOR: When you initially saw the deputy approaching the subject what was the subject
doing? Was he standing ( here? Was he walking? Was he running?
Okay. Did you hear the deputy say anything to the guy? GADDY
Huh- uh- I mean I could assume that he was saying something but I di n' t hear anything.
I don' t know what...if they had a conversation rchm it was about or any of
that. TABOR:
So the subjects walking away from the deputy and the deputy' s ap roaching him.At
some point that subject looks back and then lakes off running? For:
GADDY: Yeah. I so%%the subject walking, I saW the Sheri IT approaching him. I saw him lum
around, the guy in the red turn around_ And I guess saw Elie Sheri O- and start
running, turn around and start running. So he did a quick look back and then stun
running,
TABOR: Okac. You couldn' t hear any comers at ions or commands or anything be the deputy
or the %objeci?
TABOR: Did you see any furtive moccments made by the subject? Like going- his hands
like going towards his pockets, his waist bands, anywhere?
GADDY: Hull- uh, I just suw, thisjust looking back and running, looking back and going.
TABOR: Okay.
TABOR: And when lust to be clear when you heard the pops the Subject Was running awa\'
Irmn the deputy?
GADDY', I luh- uh, SaW one man he was walking that direction lowards Nebraska. When he
heard... he said when he heard the pops he turned around to come back to see what
happened, But he didn' t sec ancthing. And then there was another man coming up
on this side on a bicycle and he said lie... that it was a good kid. And I was like oh it
was a kid. You know so I don' t knmr. tic said he knew him and he Was a good kid
and he didn' t do anything to anybody. You know but I don' t know. I dolt know if
it was a kid or an adult. I just hope they live.
TABOR: The guy who was walking towards Nebraska and turned back around...
TABOR- after he heard the pops what d that guy look like or is he white...
TA13OR_ Hispanic'
GADDY_ he was a white gue. Ile had like a... kind of what kind of -dark blonde hair.
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TABOR', Oka -
GADDY I le might -cc been about Gee-_ five four, lice fice, He had facial hair, some beard
you know like he needed to sha%c.
GADDY Oh gash. I don'( remember what he was wearing. I wanna say a plaid shirt but Iln
not sure.
GADDY Pants_
TABOR: Shoes?
TABOR', And that guy that was walking he said he didn' t see... he didn' t actually see whal
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GADDY: Uh- huh. lie said he heard it but he said it oas good... he' s a good Aid. ) on know,
TABOR: Okay. All right. So I m gonna go ahead and lust sum it up. If I sap something thats
incorrect please lei me know. You wcm taking your grandson home and dropping
him off at lamps Palms'
TABOR: And you were driving back. ) on said you were on the phone with your daughter?
TABOR: You didn't... did you record the incident or anything like that?
GADDY: 1 was getting__ when I was getting ready to record a Sheriff ear came and kind of
pulled in and then I couldn' t... didn' t get to do am9hing else,
TABOR: Okay.
TABOR: 28251
TABOR: So %ou re on the phone with her. You turn from Bearss onto Skipper and you see a
car. a police car, a marked police car that sacs Sheriff on the side facing west bound
with his lights on pulled olfon the shoulder of the road. You kind of described to
me possibly between this Rentalec sign and that US Storage sign. Is that accurate?
TABOR: Oka%. A couple of cars in front of you. ) on were going about thing miles an hour
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but it' s starling to slow down because the car is there. You see a deputy standing on
the drivers side You only saw one deputy?
TABOR: Okay.
GADDY: I remember a white shirt and then 1 saw blue gloves. I don' t know when he got the
blue gloves but I remember a white shirt and blue gloves.
TABOR: When you say blue gloves are you talking about like garden gloves or like latex
gloves?
TABOR: Okay. So one deputy wearing a white shirt with latex gloves, blue approaching a
subject that was walking west bound wearing all red.
TABOR:
As you gel closer and you re about nest to him ( he guy who' s walking away from
the deputy looks back and then takes on running. And ( hen you hear three pops.
TABOR: Okay.
TABOR: Okay.
GADDY until after he was... he... wus... until after the man was shot.
GADDY Yeah.
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CADDY: Yes.
PABOR: Okay. ) on heard three pops. Did you sec any flashes or...
TABOR: Nothing?
TABOR: Okav
GADM': At first I thought it was not a gun. I thought it was like_ it seas like that ... but it was
three pops so I was like that had to be a gunIt svasnt his-,
at first I was thinking it was
the laser thing. But I was like no. TABOR:
I know. iA130R:
So you' re saying that you didn I sec a gun in his hand" GADD)':
TABOR_ Okay.
TABOR: But the only two people that }' on saw right there were that deputy...
GADDY: Yeah,
TABOR: So then after you see the subject fall down to the ground you stopped there and
then at some point_.
TABOR_ Okay. -
TABOR- Okay.
GADDY_ And then 1 realized okay I can' t stay right here. I need to pull up_
TABOR: Oka%
GADDY: After I sat there for a minute cause I was kind of shook up- I was like oh my God,
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GADDY: Yeah. And then I that lime I' m talking to m% daughter I' m like oh my God I just
saw somebody get shot. And...
TABOR Okay.
GADDY: so she was like arc you okay. You know and 1 was like I ... I don' t kno, I need to
pull over. So I pulled over and I was like oh my God I have to say something. I
can' t walk... drive away and not say something.
TABOR: All right. Andjust to be clear you never heard, all your four,,, all your windows
ttnre up?
TABOR: And you stated earlier that you never heard any kind of dialogue between...
TABOR: Okay. All right. I just wanna be clear on that. Is there any other...
GADDY: It was like a silent... a silent movie. I didn' t know anything that was except whal
I... what I could see while I was driving.
TABOR: Okay, All right Is there anything else that you think is imponant that 1 need to
know that you haven' t shared with mc7
TABOR: All right. At this point I' m going to go ahead and conclude the immiew. It' s
approximately 931 pm. Still March 20, 2019_
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GO# HS 2019- 21 27 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED Related Attachment( s)
I an back on the record with Ms. Annette Gaddy. Is that correct? GADDY: Uh- huh.
its still March 26. 2019. It's approximately 2143 hours, 1 had told you that I was
gonna go down there and relay the information that you had provided a few minutes ago
and that I'd probably have some follow up questions with you. Is that correct'? GADDY:
Uh-huh.
to me turning this recorder back on did 1 ask Nou any questions pertaining to what
I' m investigating' GAD Y: Yes. Did
I ask you any further questions or did I just kind of explain to you this is what were gonna
do...
were gonna...did I tell you hey would roil mind coming back over answering
a cnuple questions?GAD Y: Yes. TABOR.
And then
I in gonna take you up there to the tape and kind of have you point to the car and then
ask you some specific questions about the positioning of the individual. GADDY: Oka%
TABOR_
Is that...
correct^ GADDY_
Yes. TABOR:
Okay. All
right. Before we move up there did anybody else talk to you before me'? Did any HCSO
personnel.. For: 205814 Printed
GADDY. there was a Sheriff actually one started, then another one came up, another one
took over.
GADDY It teas a male. Then a Icmale came. The tcmale passed it onto another male So I
ended up talking to a.,. to a gentleman.
GADDY: I don' t remember any names, She %vas... she started but then she passed... this
young Judy here she passed it over to another gentleman.
TABOR: Okai'.' Ilie first male do you know what he looked like?
TABOR: Is that who you talked to right there? Is that the female'?
TABOR Okae.
GADDY: She started the report. She,,, someone else gave it to her, She staved it. And then
someone asked her to do something and so another gentleman...
TABOR: Oka,.
TABOR: Oka,. The gentleman that' s standing with her is that him?
TABOR: If 1 call hint over here do you think you could recognize him'
GADDY: I know that' s not the first one. so yeah if you call him maybe I will.
TABOR: We' re on... we re on a recording right now. She had mentioned that she started
talking to a deputy originally and then that the deputy passed her on to is this her'!
GADDY Yeah.
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GO# HS 2019- 211277 ACTIVEIOPEN BATTERY- 1 BATTERY -AGGRAVATED
TABOR Dcputy...
MACRO: Magri).
TABOR: Magro. Okay. And then you passed her onto Deputy
MACRO: Blyth.
GADDY: Yes,
TABOR: Okav-
GADDY: Yes.
Yes. TABOR:
Okay_ Thanks guys. Okay. At any point when that subject was walking or running did
he ever reach for am thing?GADDY:
I just saw him turn around TABOR:
Okat_ GADDY:
I don' I know if he,,,if he reached for something when he was fuming around, I don'
t know. TABOR:
Okay. GADDY:
Ijust know I saw him look back at the officer He looked back and then he start to go.
TABOR:
Okay, Did he actually stop walking and look back or was he continuing to walk when
he looked back?GADDY:
Okay. Was he faced away from the deputy though when he looked back?GADDY:
When he looked back he was facing the deputy cause he was going forward. Ile was
walking lurward, TABOR:
GADDY: And the deputy was going low ards him as I saw —what I so" was the deputygoing towards
him and then I saw, him look back and slan running_ TABOR:
I kno . TABOR:
confused here. So the subject is walking aeay and the depuiv' s ap roaching him.GADDY:
Okay- When the subject looks back does he continue to walk west bound or does he actually
slop' t GAD Y:
Yes, TABOR:
Yes. TA13OR:
Does he look over his right shoulder or his ]ell shoulder" GADDY:
Well were gonna go over there. If you want wc' lljust... we' ll do it when we eel over
there okay. Macbe IhaYll help when were in the right...the right direction here,
All right for the record I on gonna take Ms. Gaddy up here to the scene so she can
do a lit le bit better of a walk throueh with me. We' ll just stay on this side over here.
Okay. 6yen' thing happens on that side of the road correct'? GADDY`
Okay. All right. Do you see the vehicle that .vas parked on the shoulder that had its lights
on' GADDY:
Okay. GADDY:
GADDY: 1 remember passing the store and 1 remember the light blinking down ( here I saw
the lights ( lashing or (hey -re turned on.
TABOR: Okay, Well ihe}'' re preu}' bright lights so it' s possible you could- ve seen the lights
blinking all the wvav down there.
GADDY: Yeah. And then I saw... yeah. The car was about right here in this area here.
TABOR: Okay.
GADDY: Cause I_. yeah. I was about In this area right here.
TABOR: Okay. So the guy in the red, where was he at in relation to the car'
TABOR: Okay. And at that point when you see him he s walking...
GADDY: Standing up 1 wanna say at the front, near the front of his car
TABOR: Okay.
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TABOR: When he starts \ calking towards that subject \ chat... what' s the subject doing?
GADDY: And...
TABOR- So,_,
TABOR: for recording purposes }nu just looked over your left shoulder.
GADDY: Yes.
TABOR_ Is he still walking when he looks back or does he. _ does he stop'?
TABOR: Oka,,
GADDY tic was walking. tic stopped, looked back and then stared running,
TABOR: Oka,. I low far did he gel or how many.,. do you know how many steps'
TABOR. Okay.
TABOR: Okay_ Did... and you don' t... did you see him reach for anything'
GADDY. I luh- uh, I didn' t even sec the deputy reach for any... I didn' t sec anybody reach for
anything,
TABOR: Okay Did you sec where the subject' s anus were ai"
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TABOR: Okay
GADDY Yes.
TABOR: Oka%. All right. And he didn' t get Mery far it looks like.
TABOR', Okav Just a few steps. All right we can go back. Thank you Im demonstrating that
for me. Does that make it a little bit easier for you to...
GADDY: Yeah.
TABOR: Okay
GADDY: Yeah.
TABOR: Besides ( hose three deputies in the initial stages of the investigation did you talk to
anybody else besides myscl fl
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TABOR: Oka%.
TABOR_ All right. Is there anything else that you think you need to share with me or that
ou know or
TABOR. Oka%. At any point did you ever tell anybody that you saw the subject reaching lot
anything"
TABOR: Okay. All right. I don' t have any lusher questions. I' m gonna go ahead and
conclude the interview at 2152 hours still March 26. 2019.
END OF INTERVIEW
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TRANSCRIBED INTERVIEW
TABOR: All right_ l'odays date is March 26, 2019_ If' s approximately 10: 02 pm. I' m here
standing on Skipper Road just west of Road on the side of the street.
I' m Dcicclice' rabor ABN 218707. And For conducting this intemew in reference
to f ICSO in%estigation 2019- 21 0 , I m here with Mr. Jesus._ DELACRIJZ: Jose, TABOR: I'm sorry.
DELACRUZ: Jose.
TABOR: Jose Dc la
Cook. DELACRIJZ:
La Cruz.
like a
zebra, TABOR:
L- A-C-
birthday? DELACRUZZ: 7/
4/55. TABOR: All
DFLACRUZ.: 1955.
TABOR: Can you raise your right hand for me? Do you swear everything you re going to tell
me today is...
TABOR: Thank con, You can put your hand back dorm. Are you currently under the
inlluencc of any drugs, or alcohol?
DELACRUZ: No, No but I just drink a couple of shot on my house. 1 just came to play my
Notcerball over here my Mcgamillion in that...
TABOR: Okay.
TABOR: I1old on one second. Let me get to that. You said you had a couple of shots at your
hoist?
DFLACRUZ: Yeah.
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Cause I
was it?DELACRUZ: It s
Two shot
a single she('?
DELACRUZ: A single
long before ( hat before you sac or you witnessed something did you have those shuts?
DELACRUZ: No about
lust I' m relaxed. rm lust want to play that my Powerball, go back home Md...TABOR: Okay.
DELACRUZ:
that' s
Like at,
m walking over( here by the gate over there I sac the black guy a old. I - think it' s
a old man, I no think I know this guy outside in the street in front orthe building over there...
TABOR: Okav For:
205814 Printed
GO# HS 2019- 211277 ACTIVE/ OPEN BAT ERY- 1 BATTERY - AGGRAVATE I NTERYIEW OF JOSS
DELACRIIZ'. And
he called...
I sacs the police came from here, from Nebraska go over ( here. And the other one came
from... from Bearss. IABOW Okay, DELACRIJL: file
one from
Nebraska turn around in front of (he guy and came this way. And the black guy left him
Ibis one in red over there, this one going in red oyer there, this one. TABOR: In red''
DELACRIJZ:
he' s
soon I
saw ( inaudible) like that 1 saw the guy walking eou know he was inaudible) he s(an
walking like that. I dndt,_
TABOR: Was he wearing
DELACRUZ. I
le was
in red. And he walkingjust like that, so slow.As soon the guc, the police officer came this way
I said boom. boom. bom. And this I turn around and go back sec (he guy he
disappear already. TABOR: Okay DELACRIJL: But
I don'
t see am'. any con know I saw this guy jus( the police officer ( um around %room so fast
and going Deer there and saw the guc boom, boom. boom. And that' s it.
TABOR: All right. For:
DELACRUZ.
1 said why, why cause I don- t see the guy running. The guy no do nothing but from
there to here I don' t know if hc' s got a gun or don'( a gun or nothing but what I saw
is he lust walking like that
TABOR: kind of (inaudible) what you' re telling nte. So you' re saying youYe Standing
over here to the front"
DELACRUZ:
No. I came over there by the light, by the pole light over there.
TABOR: Oka,.
TABOR. And there' s a black guy standing out there on the phone"
DELACRUZ: Yeah. On the other side you know a couple of feet front nte. And he come ... the
police. The police turn around. I le say... he point this guv the one in red over there,
his one in red over there.
TABOR: Okay. So the car that goes... so the car comes from Nebraska?
DELACRUZ: Uh- huh. Go over there, turn around when the black guy on the phone say its that
one over ( here with the red, in the red... the one in red is over there, that one, that
one there. Ile sav vroom by his self. I saw him. Came over there in the front of the
guy. I heard a boom, boom, boom.
TABOR: Oka,.
TABOR: Okay.
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TABOR: Okay.
TABOR: Okay.
DBLACRUZ. I don' t think it' s ( hat... this one but it' s one of those cars.
TABOR: Is it the one that' s a little further down that war facing that war?
TABOR: Okay.
DELACRUZ:
Uh- huh. He stop_. he stop on a boom, boom, boom. 1 just heard that.
DELACRUZ: That' s it. When I turn around my face is like. I said the older guy is disappear but I
say why he kill him.
TABOR: Okac.
DELACRUZ:
This guy no running, he don I do nothing.
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DELAC' RUZ: next to the car but you know in the sidewalk,
DELACRU%.
No, no, no, no. I don' t know ... I don' t know who any one of those. I just come to
Elie store so many times but .
TABOR: Okay. Did you see anybody get out of the car?
DELACRU7. No.
TABOR: No'!
DELACRUL', No. 1 don"( see nobody out of the car. 1 don' t sec nobody out of the car. I don' t see
this. _ I just saw the "
hen the guy point the... the officer like that it' s the one in
red...
TABOR, Okay.
DELACRU7', over there. I' m looking this guy he' s just walking like that
TABOR', Okay. So the guy in red' s walking. tic' s walking towards Nebraska?
TABOR: Okay. Did you see the deputy get our of the car?
DELACRUZ No.
TABOR: Okae.
TABOR: You didn' t sec the deputy get out of the car?
DELACRUZ: No.
DELACRUZ: I think it was two or three, two or three but I think it was Iwo, boom. boom, boom.
But I turn in back when I hear the boom, boom, boom I turn back my face like that.
But the alder guy disappear, tic go inside of the building. I don' t know who the guy
was. lie die already, he die.
TABOR: I don' t know I don' t know if he did I' m here. I really don' t know.
DELACRUZ : Oh.
LABOR: Did you sec the guy with red did you see him with any weapons?
DELACRUZ: No. I don' t... like I say I saw the guy walking like that.
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERI'- AGGRAVATED
DBLACRIJZ: Three light pole you know but I don' t see... but 1 . . I don' t see he go( a gun. I saw
him walking like that.
TABOR: Did you see if the guy ever look off running?
TABOR: lie wasn' t running or you don' t know if he took off running'
DELACRUZ: No. lie no run. he no in and run. lie no In' and run. I lejust__
TABOR:
Okay Let me ask you this. Could he have ( ook oil running because you were pretty
far away from him!
TABOR: Okay
DELACRUZ: lie no trying to run- Ile no try to run because 1 saw_ Ile walk like that. Like uh- huh.
You know I thinking they have trouble, family' problems something like that but I
don' t know. That was.,, I tell you what I saw.
TABOR: The guy that was over thereon the phone did he ( ell you what happened'
JONES: No, no, no. Ile... he just point the police officer, it' s that one in red. it' s ( hat one
over there, you see that one in red, that him, that him that' s what he say. And the
police officer done vroom. But 1 don' t know who the... the... it s a boy a girl or
what. Iic sav the one in red, that one in red over there.
TABOR: Okav, Could you hear any... could you hear anything... could you hear the deputy
saying anything? Could you hear,,,
DELACRUZ: No, no. Because like I said I came from ( his pole over ( here. I can see how the man
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GENERAL OFFENSE HARDCOPY
over (here. And I saw I hear the boom, boom, boom, But I can' t se if he talking
something, he no say nothing but the...with the speaker or something like that
he no say nothing. TABOR:
The deputy'?DBLACRUZ:
Yeah. This deputy well 1 no. I can' t hear nothing. lie says something to the...Isom the
car TABOR:
Let me ask you this is it fair to say because you' re over there... DELACRUZ:
something...
DELACRUZ:
there
could' ve been something being said over there but you couldn' t have hear...
heard It...
DELACRUZ:
Okav DELACRUZ:
If they say something., he say something from the speaker or something I can hear but
no I can see I can' t hear nothing. TA130R;
No. I saw many people over there in the. in the store. But They " as over there. For:
TABOR: Okay.
DELACRUZ : When 1 heard the shot boom, boom they trying to get away and they say what
happened, what happened. I say you see they shot . the police officer shoot the guy
in the ( inaudible) but they disappear. Everybody disappear...
TABOR: Okay.
TABOR: lire guy in the red was that the onl} guy you saw over ( here?
TABOR: Oka..
DFLACRUZ: I no see the deputy get out of the car. I saw the when the car, walking and that' s it.
TABOR: You saw the car pull up. The car stopped and ( hen you heard,.
DELACRUZ: No, no, no. Because Iln like I say so far away -
DELACRUZ: Over there 1 came from there over here by the pole, the light pole over here.
TABOR: Okay.
DELACRUZ: I been watching ( inaudible) then say something between I can' t hear like I sa)..-
TABOR: Okay.
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GENERAL OFFENSE HARDCOPY
DELACRUZ: something. You know I just boom, boom, boom. That' s it.
DELACRUZ.- 8132336730,
TABOR- Oka.,.
DELACRUZ: Anything'
DELACRUZ.: Anything you can call mc. Thal s all... ihais all Thal I saw%that' s all I sec, that' s all I
you know.
TABOR: Okay.
DELACRUZ: inaudible) but I get . I gel so sick because I sac why, achy because I no sec the guy
trying to running. I don' t see... I saw this guyjust walking like than.
TABOR: Oka.
TABOR: Did you veer sec that guy with red with red with any weapons?
DELACRIZ: No. I can' t... ) can'( see nothing because he was so far, Ile was over there. I was
over here, Bin I saw him walking like Ihmjusl slow like that.
TABOR: Okay-
DELACRUZ: And I heard boom, boom, boom. When 1 hear the boom, boom, boom I do like that
TABOR: Okay.
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
DELACRIIL: I didnl see anything else. But I get so sick because I say why he shoot him cause I
don' t see the guy ain' t got no gun. ain' t got no nothing. Well I can see if he got a
gun or something like that but I don' t think so. The other people I think one of
those lady recorded everything when trying to get a handcuff the girl saw
cvenlhing. The other people disappear. They don' t know where from there you
know...
TABOR: Oka,
DELACRU%:
But I... 1 say why, why they kill the people like this. This is — this is twice in this
week Mr the one in,,, in Gregory over here.
DELACRU%_ 1 don' t know why you know so many violence. So many violence And that' s why I
could say you know I' m_ I got nothing against the police officer you know
because they protect us.
TA13OR: Right,
DELACRU%:
And they supposed to do Iheirjob with those delinquent shit, there so many
delinquent. But when the people like this o%cr ( here he try to cover himself you can
shoot him in the leg, you can put the ( he other electric thing they call it how
they.., how the} say`
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GENERAL OFFENSE HARDCOPV
TABOR, Okay.
DFLACRUZ: No,
TA13OR: Okay. ]- in going 10 turn this off and it' s 10: 14 put March 26. 2019.
FND OF INTERVIEW
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GENERAL OFFENSE HARDCOPY
TRANSCRIBED INTERVIEW
FLORIO: It is Wednesday March 27t'. The time is 2: 14 am. Detective Florio A13N 205814
and I in with Corporal Thomas.
FLORIO:
This is gonna be in reference to ITCSO case number 2019- 21127T We' re currently
in Tampa General Hospital in a quiet room with sir could you state your first,
middle and last name"
Sixty seven.
FLORIO: could you raise your right hand for me? Do you swear or allinn to ( ell the truth,
the whole truth and nothing but the truth')
Yes.
FLORIO: Okav what made the... %what caused the Sherin' s Office to come out to
our address tonight'
Well this wasn' t the first time. Let me look on my calendar here Just last week
huh- uh. I gotta go yeah, do this real fast cause I in Irving to see what day was that
broke my window.
Yes. I need... I might need you to gel a copy too of the police report cause when the
police came I had to follow ( hem all the %way to Nebraska and the police intercepted
him.
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GENERAL OFFENSE HARDCOPY
NTERVIEW OF Page 2 of 7
HCSO CASE: NO. 19- 211277
FLORIO: Sure.
And he said yell he can break that window it don " I make no dill' erence. But I didn I
ask him for a police report so I can take it to,.. dosmtown to,,, to get my daughter to
fix mywindow- 171-
other words sue her in small claims court cause she says it's my fault. 171-
FLORIO:
Okay, THOMAS:
s my daughter. FLORIO:
All right. Okay. So as recently as last week you you called the...
THOMAS:
And that fine. What we can do is we can research through your phone number and everything
and I can find the case number that occurred under. HIOMAS:
But I...
it' s a certain day.I think it oas' fuesdac of last week. FLORIO:
can yau_-
FLORIO:
you be able to give me could you be able to gi%c me a police repon for that
day? FLORIO:
INTERVIE W OF Page 3 of 7
HCSO CASE NO. 19- 211277
FLORIO: Yeah.
to pick him up. She had to gel oll' from on the job.
That' s the day he broke my windmc So I told his mama don( bring hint back to my
house.
So he came back tonight and I don( wanna get ahead of myself so what' s your
question"
FLORIO: What I % ould like to do is actualtvjus[ focus on the task at hand What happened
tonight''
Okay, What happened tonight and " hen called the police on my phone it was
7: 41. Okay. and them was outside of [he car.
And he was fighting and arguing with his sisters, his two sisters,
F LORIO: Oka%,
So when the mother went out there to tell that a.„ whatever to get on
he was trying to break something on the car and she was Irving to stop him- So
she tapped him a little bit.
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GENERAL OFFENSE HARDCOPY
INTERVIEW OF Page 4 of
HCSO CASE NO. 19- 211277
FLORIO: Okay,
And that' s %%hen he look her and flipped her or either picked her up and dropped
heron her head.
FLORIO: Oka%
FLORIO: Okay.
And then after that that s when the two sisters jumped on cause the mama
was down on the ground. She fell like this the curb.
She fell up here but then her head fell down and hit that. and hit the concrete.
FLORIO- Okay.
And so that s tt' hen I called ( inaudible) That s when called 9- 1- 1 cause here I ant
sixty scycn years old and I' m scared of He broke my windshield last
night... Iasi week.
I ve tried In' tussle with him, to get him to close my door but hejust... he be hard
headed. But she sav he ADI 11) but he' s only seventeen. And I don I put up with that
nonsense I mean you got to be you know limt with a child And sometime she
listen and have her way because that' s her son. And 1 can understand that. You
understand what I' m saying.
So after she was down there and was talking to the police on the phone she looked
like she was knocked out for about two seconds cause she couldn' t get up. And she
tried to get up and then she got back.
Right. And then that' s when took off which is wltm he did the other day
when he broke in, windshield. But I follotmd him like I said you know like from a
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distance like IIDv yards back here whatever until he got to Nebraska. Then he
lumed Zell and he went on the other side of Circle K and that' s when the police
intercepted. But the same thing happened tonight. Never would' ve thought the
police would shoot him. But when I.. when the police pull up I said there he is
right ( here in the red ove,,, what you call it sweat whatever he had on.
So after that... alter I told the police that I went back in the apartments. I said well
Ihey got him.
17111— TI IOMAS_ Su you were out on whal like Skipper Road and saw, (he.,,
he was going.
FLORIO: Okay.
Yeah. Yeah.
17LORIO_ Okay.
1 told them he wasnl but seventeen } cars old. He' s a young boy
grandson and he just pipped his mama on her head.
INTERVIEW of Page 6 of
HCSO CASE NO. 19- 211277
FLORIO: Oka%.
171- ORIO: Oka%. So and [ hays great because r%c' ll have that recorded and evegthing from
9- 1- 1 call. Do you recall if Iherc was anybody else outside as you were giving
these directions?
No II was._ no it was just... you re talking about when I... when I saw the police on
the sircl: 0
F LORIO: Yes.
No. I onh seen the police. When I turned around there was a police officer And
that- s when I turned around I said [ here he is right there.
FLORID Oka%.
So when he look off I thought evM thing was all right well and iha' s what I went
back and told my daughter the% got him. But she was laying on the couch like she
was like dazed.
So when I wrm back out to the street to see you knot% look down to see what was
going on 1 heard somebody say something abmil she heard two gunshots. ' I flat S
when I went back and told my daughter I said I think got shot. ' that' s when
she jumped up and went down the streel.
Uh- huh.
UIt- huh.
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HCSO CASE NO. 19- 211277
OF INTERVIEW jg/
TRANSCRIBED INTERVIEW
INTERVIEW OF
INTERVIEWI? D BY Del, K_ Renew; A13N 233650
RE' I" rEN': Today' s date is March 27. 2019, ll' s currently 2: 03 am, I in at TGl I
ABN... Detective RenewABN 233650. 1Fhis is in regards to IICSO case number 19-
211277. I' m speaking with Ms.' I' rinitr Fulmorc right? what'
your
Do
told you that tour s , ealshin was pink is that a Imth or a lie^FULMORE: A lie. RET EW: Why
that a
blue. RI?"
FTE W:Okay- So
do you promise to (
ell me only the truth while we' re talking today'? FULMORE: Yes. RETTEW: Okay- 1
wanna
talk
to you kind of about wlun happened leading up to the police being called to...I understand
you were al your grandpas house tonight right! FULMORE: Yes. RFITEW: And you
there
INTERVIEW OF Page 2 of
HCSO CASE NO. 19- 211277
Yes.
Yes.
RETIT W:
Okay. So " hilt you guys " ere ( here visiting your grandpa what... what took place"
What happened? Did anything happen between you and or your sister and
Not betvicen me and bur " with my sister yeah. lic_ he was fighting_ But he
don' t he " astir Iighling. tic was arguing with her cause he " anted like cause
she... I don' t knots cause she has the key and he was like cause she ... like they were
just arguing. But then they both got out of the car. And that s when he scanted to gel
in the car but then my mom wouldn I Id him. So my mom had the key and she had
hit him on the head cause he was try ing to break into... I ike he was trying to break
the like car, like mess up the car. And then that' s when he had picked her up and
slammed her on the on the floor, on the concrete. That' s when she started
bleeding her head, She had laid down for a second and that' s when my sister had
called ambulance and in), my had called the cops and then that s when
we " waited. My mom " vent in the house and laid on the couch. I went in the
bathroom, We waited for like two minutes and we saw all the cops zoom like
every... like there was a lot of cops going down towards the store and the storage.
So tire and my sister cause like no cop came to the apartment. When we called no
cops came there, They all went down there and we didn' t know what happened. So
me and mt sister and my grandpa we stalked down there. And then that s " when
people was just talking and " c didn' t know what happened. At first we didn' t know
it was We just thought something happened. And that' s when a man he had
came from down there and he had said no, I had asked him " who- " ho got hurl or
like who is il. And he said it was a little boy in a redjumpsuir And then that' s when
me and
then Ihal'. s when the cops cause in' we " wanted to see our
brother. And like to sec if he was okay. And then that' s when.,, that' s when ox
started crying. And my mama had came down. And they had put my sister in
handcuffs cause she was mad And then that' s when my mama had came down. She
was crying cause,,, and ( hen we didn' t know who shot my brother. And yeah-
RE I- fI? W': Okay. I wanna just kind of back up a little bit and talk to you more about what
happened as to why your called and why you goes called for an
ambulance. ) on mentioned . was wanting the keys to the car. And where were
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you at this point when the% were,.. when your sister and were arguing about
the keys?
I was with my mom. And that' s when my mom scent outside and that' s when my
sister mem inside with my grandpa. And that' s when he wanted to gel.. - cause they
both got out the car. And that' s when my mom locked the door and that' s when... 1
wasjust right there with my mom. And it was lust like she wa_s trying to like make
him stop touching the can That' s when he slammed her on the ground. And she hit
her head.
REl' TRW: You mentioned though your mom she was trying to gel him to stop tugging on the
door.
Ycs.
Yes, She like... she . lust slapped him on the head cause like he don' t listen.
RETTEW: So did she slap him hard'' Was it Just a pal on the head'?
Yeah.
RHTTFW: Okay. And then what happened? What did do alter that?
lie picked her up and slung her... slung her on the ground. That' s " hen she starred
bleeding. And that' s when she just laid down on the floor and we didn' t know what
to do so that's when my sister...
RETTEW: Did you acmalll see him slam her on the ground' So you were standing there when
it happened'?
RETTEW,
Okay So how_ describe it more to me how... how he picked her up and _ did he
physically pick her up oft the ground?
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HCSO CASE NO. 19- 211277
Like he just I don'( know like over his head. 1 don' t ._ yeah,
RETTEW: Okay. And was your mom... what was her reaction? What did she do right after?
All she did was lay on the floor like she just closed her eyes for a second cause 1
guess she was hurt and her back was hurl, and her head was bleeding. And me and
didn' t knot% what to do.
RETTEW:
Okay. And was your mom saying anything at that point'
She was like it' s okay, it' s okay. And then that' s when she got up and went in the
couch, in the bathroom.
Ile started walking out cause that' s what he always do. Like he ainl c... like every
time he get mad he walks oil -to take a breather or to calm down,
RE' i- mv: Okav, So after he slammed your mom on the ground he... he talked oil'
somewhere? Did you sec where he went?
RFTll3 W: Did you see which way he went out of the apartments?
No. All I saw was him go out the apartments. 1 didn' t know which way cause I was
in the... I went back in the house to check on my mother.
RETTEW: And what was was he saying anything when he walked onor?
RETTEW: What was his demeanor'? Do you know what that means?
tic didn' t say nothing. Like I don' t know what his demeanor was.
RETTEW: Okay.
RFT7FW: Oka%. So then your calls the police. Your sister calls the ambulance. Did
your mom ever say what she expected to happen when the police showed up?
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No.
RETTEW: Or what she wanted to do if the police were to talk to her about getting slammed on
the ground?
Yeah.
RErrEW: Oka.,. Tour._ pour brother has he ever done something like this before acted
aggressive out towards anyone before'!
No. Nol... he never slung her up.' rhal' s the first time he did that to my mom.
RETTEW: This is the first time he' s slammed her. Has he ever been aggressive towards you or
your sister any other time like that?
RETTEW: Okay Is there anything else that happened during this incident tonight that
you wanna talk about or mention?
No.
RETTEW: Do you have any questions for me that I... if I' m able to answer them? No'?
Why did they shoot him if he wasn' t like... if he wasn' t a threat9 lie was facing this
wac
RFTrEW: I' m not gonna talk about anything that happened out there one because I don' t
know all the details. And two even if I did Fin not going to release all that because
we re very early on into what' s going on. There' s a lot of facts and information we
have to gather So I doll wanna... I don' t wanna out of fairness to you and
everybody else 1 don' t wanna ( ell you something without knowing all the facts
Okay, Detective Florio is speaking with your mom right now. Like he mentioned to
her once all the I -acts are gathered and the case is comPletc we' ll be able to release
any and all details that %on or %our mom or your lamily wanna know. Okay. But in
the meantime we' re not gonna release anything nowjnsl because I doll wanna
give you wrong infomtation okay. If you don' t have any other questions Iln going
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FICSO CASE NO. 19- 211277
1 iElitl i1
END OF INTERVIEW
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TRANSCRIBED INTERVIEW
RI I" I' EN': Todac' s date is March 26, 2019. It currently 2147 hours.' 1' his is Detective Renew
A13N 233650 at' I GI I speaking with s
your birthday for the record'
RE' 1 TE W:
IJh- huh,
REYFEW:
And your son
RF 1- 1' I7W: I know I talked to you briellp before I started the recording. 1
rcanna just reiterate again what happened and why we were called to is it your
residence there on__
My dads.
RI: I- ITW:
Your dads, okay. "' hat happened leading us up to being called out there'
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INTERVIEW OF
Page 2 of 5
HCSO CASE NO.
went and got up and I laid on the couch. And I teas just waiting_ Then grandpa
came back and said oh they got him- So Fin thinking everything s okay. And then
I... I waited for the police to come but they didnl come. I had to go down there...
RETTEW: Where did this happen? In the outside in the parking lot"
Yeah,
RETTEIV: Oka,. Did you e, cr... once you hit your head did you ever lose consciousness?
fluh- uh.
No,
RETTEW Oka,.
Yeah. I think...
like my head nvs ringing you know like I was like cause this... it hit me pretty
hard cause 1 II... I couldn' t belie% c that he ( lipped me that...
RFTTE W: Oka,.
RETTEW: So he physically picked you up olTthe ground and... and threw you dorm?
Like just by my arm like he just like body slammed me. Like I just wem like he
grabbed me by my arm like he turned around, he grabbed my arm and he' s like
boom_ And I like flipped over his head, powAnd I hit the ground. I hit my back For:
IN'TERYIE"' OF
Page 3 or 5
HCSO CASK. RO.
RE I" PEN': Do you know what you hit your head on" Is it the...
the curb,
The curb.
RETTEW: And then iehal about Did she have any physical injuries at all''
No,
RIiTTFN': No' Did you see how they were fighting or are they just_._
RETTEW_ Okay"
Just fighting.
RETTEW: And when you say you popped him in the head...
yeah.
Yeah. For him to stop hitting the door... pulling on the door handles.
Yeah.
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REIEW_ Okay.
Cause I wasn' t there when they were fighting. 1 just heard scream he hit
me. So 1 came out and said both of you guys get out the car now.
RETTEW: Oka-,
RE ---FEW. Okay.
And he got mad and he was messing with the door handles.
Yeah.
RETTEW:
Igo( you.
RETTEW_
Okay. And then so your is the one who end up calling because he...
Yeah_
No Cause he seen when flipped and he said I hit my head prelty hard. That
I...
RETTEW_ Oka-
Yeah.
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HCSO CASE NO.
were there uto cause they were like that messed up, why
would you do mama like that.
Why would you flip her like that. And he said well she shouldn' t ha%c hit me first.
RE 7W: Okay. And did your dad... other than and your dad did anybody else
see N' har happened?
No,
RI ITH W_ Okae And so at that point your said he was calling the police''
Ran.
Yeah.
Yeah,
RF1- FF W: Were gonna tn. to get some pictures of your head . Where is it exactly that you
have an injury? In the back4
RETTrEW: Okay. All right_ I' m gonna end the imen' iew at 2151.
FIND OF INTERVIEW
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TRANSCRIBED INTERVIEW
27". The time is 4: 05 pm. Deieciive Florio ABN 205814. And this is going to
be in reference to I1CSO case number 2019-2I1277. I' m currently within me vehicle in
front of the Tovota of Tampa Bay and I am currently With sir could you state
your first, middle and last name? AVILES- Jose Luis Aviles Junior.
FLORIO: A-V-1-L-
because [- in...
its spel d several di0erent Ways so. AVILES: Right, right.FLORIO: What
s your date
of birth"AVILES, 8/
4/96. FLORIO:
apartment 6.
FLORIO: Plantation Oaks Drive apartment
s a
good phone number for vou? AVILES: 813. For: 205814 Printed
On: May-
AVIIJS: 4748299.
FLORIO: Mr Aviles before we went on recording I told you I was going to start a recorder is
that correct?
AVILES, Correcl.
AVILES_ Correcl.
AVILES: Yes.
FLORIO: Okay. If }'ou would could you raise your right hand. Do you swear and affmn the
statement )' ou' re going to give me is the truth, the whole truth and nothing but the
truth^
AVILES: Yes.
FLORIO: Okay. As I understand it you contacted Bav News 9 according to what you told me.
What is it Thal you %%cold like to share with us?
AVILES: Just what happened_ I was... I was coming down the road of Skipper going towards
Nebraska.
FLOR10: Oka%,
AVILES: When I noticed there was a Sheriff that was pulling over to the side of the road 1
was behind him. And as he pulled over I slowed down. When he got out ( he car I
pretty much almost came to a complete stop because he was getting our of the car
kind of in the street. As he got out of the car I noticed there was a kid to the right,
like on ( he sidewalk kind of and the kid noticed him, the cop not... the Sheriff
noticed the kid. It' s like they made eye contact. And now the kid was gelling read)'
to tan away. He took... he back pedaled about three steps al ( hat same time the
officer had pulled out his gun, said stop, show me your hands and let off from what
I remember three shots.
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FLORIO: A w$ he?
AVILES: Acura.
AVILES Yeah.
AVILES: Yeah,
FLORIO: Okay.
FLORID: Okac_
AVILES: I didn' t... I didn t wanna stop al the time because I just didn' t Hanna deal with that
Sheriff She was alone and you know I... it was just a situation I didn' t wanna be a
pan of.
FLORIO:
Okay. Can you describe who the deputy was speaking to? Or who he was in contact
yilh?
AVILES: Yeah. He was.-, he was from what 1 seen he was a African American male Ile was
wearing red.
FLORIO:
Okay. Like all red? Like red pants. red shin or how d Thai go'
AVILFS: I done know__ I know for a fact his... his shin was red- lie might' ve had a hoodic
on.
AVILES:
Mc windows were down. Yeah, My windows were down.
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AVILES: Yes.
AVILES: No,
FLORIO:
Okay, So you can... you have a pretl}' good hearing of what was going on'
AVILES:
Yes, yes my music, yeah.
FLORIO: Okay
FLORIO:
About how long was it hefore the... I understand you... von smy the deputy get out
of the car. 1' ou sate him make contact or or...
AVILES: Yes_
AVILES: Yes.
FLORIO:
And what made you you made a statement about the kid seemed like he was
gonna run. What made you gel that impression?
AVILES: Oh cause I seen the kid Ile,,, he back pedaled like three limes and he was about to
hum to run when the cop pulled out his gun and shot him.
FLORIO: So at a certain point can you describe the body position of the deputy and the kid'
AVILES: Well the cop was looking at him and at this point he was coming around his door...
FLORIO: Okay.
AVILES- to the kid but the kid was about to start running. So the cop at the some time he
just said stop, show me your hands and then let off three shots. There wasnl that
much gap between the waming and the shots.
FLORIO: So let me ask you and and maybe I should rephrase the question a linle bit better.
Where.,. was the deputy lacing the kid'!
AVILES- Yes.
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FLORIO: Okay. What... whal ens the position of the kid in the red shirt? Was he„ was his
hack to the deputy? Was his front to the deputy" Like howhow did...do you recall?
AVILES-
It might' ve been his side because like when he teas backing up he back pedaled three
spaces and he was gonna turn to his right to turn around. FLORIO:
So probably. . FLORIO-
Exactly. FLORIO.
Correcl. FLORIO:
Oka- N.So the ...the subject in the red shirt, his IcR . side was to the deputy. Was he looking
Okay. So...
so it ap eared to you and correct me if Iln "Tong, it ap eared to you that
the%would ve made e%
e contact with one another'' AVILFS:
Right. FLORIO:
No. FLORIO:
Stop. shoo me %
our hands. PLORIO:
No FLORIO'.
When the...
as the deputy' s ap roaching the subject do you notice what his actions are
prior to the shots being fired?For:
AVILFiS: Well the deputy she...( really cant describe it much cause he was he was really
going fast like he got out of his car, came around the door and as the kid was
getting ready to run that' s when he said stop, show me your hands he had already
drawn his gun And thats when he fired.
FLORIO: That' s kind of whin I was getting at. So was his... his gun was out as he was saying
slop show me your hands?
FLORIO: Okay
AVILGS: That' s why you know 1,,, I was so shocked with the situation because as he was
pulling out his gun 1 thought he was just gonna you know Iry to scare the kid,
whatever the case may be I did not think at any point that the cop was gonna lire
and he did. And I was even more shocked about that because I seen ( he kid and I
seen his hands and there was nothing in them. And so I just didn' t understand what
was (he point to shoo( him in... and non being biased towards Sheriff' s or police or
anything. I.., I' m a hundred percent non biased towards that I' m just going purely
based off what T%c seen and heard. You know what 1 mean.
FLORIO: Okay. So can you describe... did you have a good view of the subject in the red
shin? You said that..
AVILES: Of the...
AVILES I did,
AVILES: Yeah.
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AVILES: So towards his chest. yeah. Ile wasn' t like reaching or anything inside his pockets
or arolhing. I even believe though he had basketball shorts on but like I said it s, _ I
can really Tern... remember what exactly he was " caring but I,,, I clearly seen his
hands by his chest like if he was gelling in the motion to start running.
FLORIO: Okay. As the deputy and I know I' m asking a lot here to recall moment by moment
but...
FLORIO: I wanna know exactly and I wanna In- to break it down by moment. As the
deputy is approaching the subject and is stating stop. show me your hands...
AVILES: lie was... he wasnl... he didn I even approach the suspect. l hill' s what I' m saying
like honestly as... as he was drawing his gun and saying that he was standing... he
was standing still. lie wasn' t approaching.
AVILES: lie... at the time when he drew his " capon he was standing still.., he was
standing.,_
FLORIO: Okav,
AVILES: The deputy was standing still in front ol' his car,
FLORIO: May And whal was the subject doing at Ilnu point"
FLORIO: Okay. Was his left side still exposed to the deputy or was he doing something else"
AVILES: When I say the deputy I saw _.. I heard the shots and the kid was like I just seen him
gel hit and I_. he folded otTlike thislie... he folded down. FLORIO:
And again because we' re on re...nor on video you' rejust kind of clutching.. For:
AVILGS: Yeah.
Yeah. lie folded down to the ground so h( e cop ( hen proceeded to say still after...
after the shots were fired show, me your hands. like he said show me your hands.
FLORIO:
Oka%,. AVILGS
And The kid obviously was shot. So the depot\, then walked over, approached the su._
the victim. And he..,
he rolled him over. FLORIO.
Oka%. AVILGS
He
rolled him over on his back side. So now the kid was like in cross position and he
was...he was seizing up,so that he was in shock. Like his body was flopping. FLORIO:
No. I witnes d. Like I... I se n. I se n the cop walk over to the kid, flip him over and
the kid lied there and with his arms wide open and was just shaking horribly. FLORIO:
Oka%. AVILES:
Okay. So where is... as all of this is going on and I am. and this seems like a pret y quick
event Is that correct? Would that be an...AVILI?
Oka%. AVILGS:
AVILES: I was moving at 1 can' t even say a mile per hour. Like me car was in neutral. I
had ... like so it was rolling by al nor even a walking pace.
AVILES: So...
AVILES: so I had_,
AVILES: idling not but it wasn' t like even in gear so it' s like I came to a complete slop but
as 1 was you know I was... not a complete stop but I came to pretty much almost a
complete stop to where I was slow enough to where I didn' t- I couldn' t like mess
with anything that the deputy was doing...
AVILES: because I was giving him his chance to get aut of his car.
FLORIO: Sure.
AVILES: You know what I mean. So as... as he s getting out his car ( flat s when... when he' s
fully out of his car...
AVILES: that' s when I was about just getting past his car. So that' s when I seen the
whole_ that s when I was you know._ that s when I .. rhats how I seen e%enthing
because I was already past the car And I was already getting past the car so from
the honl of my car so this is his car, this is my car. From the front of my car he
muslvc been hke three to Irve feel from it
FLORIO: So he
AVILES: Yeah.
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AVILES: Right.
AVILES So...
FLORIO:
in relation to that would'%% been his... his patrol % chicle?
FLORIO:
So you N' Onld' ve been almost parallel 10 the patrol car.
FLORIO, Okay. Okay. And the entire time was there anyone else in tour vehicle with vou°
AVILES_ No.' fherc wasn' t anybody. And ( hat... that' s... and I seen the people behind me
slop.
AVILES So...
AVILES: The red Explorer, there was b%o oncoming vehicles and there was three behind me
but ( hat... that red Explorer had stopped. I don' t know about the vehicle behind
him.
FLORIO: Oka%
AVILES: But as__ as... the last image I seen was when the kid was,.. was prelty much going
into shock and... and Ijust kept rolling past at that point
FLORIO: Oka% And there s nothing wrong with Thal. I' m just in ing m get a clear picture
of...
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AVILES: Right.
FLORIO: cvcrn' thing else. Did you recognize anv other potential w' imcsses in the area?
AVILES: There was a nm ( fiat it can be... like as far as rou can you track ' cut down but [ here
teas a... a guy on a bicycle who had passed the kid prior to the... to the cop
stopping,
FLORIO: So he... so from what you're describing and correct me if I' m wrong...
AVILES: Yeah.
FLORIO- the bic}'clisl would' ve been in front of (he kid in the red shirt?
FLORIO: Okay.
AVILES:
And ( he kid was also going towards Nebraska but when he... when the deputy had
stopped behind him he looked back and that' s whcn he looked back, seen that II
was a cop cot three shuffles back, was about to turn around again and that' s when
everything had happened.
FLORIO: Okay.
AVILES: So the cop... so ( he deputy was already outside of his vehicle at the time that the kid
started shuffling back. Its not when the kid saw the car. lie saw the deputy.
FLORIO: Okay.
AVILES: And then he started shuffling back. L.. and me I thought the deputy was going to
chase him. Deputy did not give chase. lie just...
FLORIO: Okav
AVILES:
But it was so fast that that von know what I in saying the kid didn' t c%en get a
chance to start actually running yet You knot%what I mean.
FLORIO: Oka., But he still would- ve been... his Ich side would' ve been exposed,,,
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AVILES- Exposed.
AVILES: Yeah.
FLOR10: So... so he wasn' t fully turned around I Ic was kind of like bladed almost...
AVILES: Right.
AVILES: Right
AVILES: Right.
FLORIO: Okay. And... and you said bCfnrC and I just w' anna make sure it s clear that they
would' ve been meaning the deputy and the subject in the red shin would' ve been
looking at each other even ( hough the subject in the red shin would' ve
been._ would' ve had his left side exposed to the deputy_ But his head would' ve
been also to the let facing the deputy, correct?
AVILES: Well no so when the.,, when the kid spotted the deputy he was completely turned
around. He was. he was facing the deputy' s car and the dep... you know the...
FLORIO: But_.
AVILES: Yeah.
AVILES: Yeah.
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FLORIO: but his front %could' ve been facing the deputy- s from.
AVILES: Front
FLORIO: Okay.
AVILES: Yes.
FLORIO: So they,,,
FLORIO: Oka%. And then so describe that movement then from there. Like ho"... break it
AVILES
Okay. So thec spoiled each other and then as the kid got those leek back pedals in
the cop %%'
as already drawing his weapon.
FLORIO: Oka%.
AVILES: As soon as the back pedal started happening he ekas already drawing his " capon.
So I imagine that the kid was already turning around.
FLORIO: Well let s... let' s not imagine_ What do you remember'
AVILES: Thai s... yeah, that s so they %c faced each other, spotted him. I seen the kids eyes
get wide %then he seen the deputy, %% as gonna Stan running, back pedaled three
steps, cop drew his " capon and fired.
FLORIO: Okay.
AVILES: And said,,, Said stop, show me your hands and fired. But from the time of the
dra%%...
AVILES:
to... In the point of you kno%v when he got on target and shot it was so quick.
FLORIO: Oka%,
AVILES: It was... it was fast like there was no wav you know what Fm saying the kid was
not reaching...
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FLORIO: al what point though was the kids IeR side exposed to the deputy'
AVILBS: At the point atlhe shots I think. Like from what I remember 1... 1..
AVILBS: I' m not trying to say like 1 think because I... 1 was there like 1- 1 promise you I was
there but the __ it' s just that was a crazy situation for me. I' ve never seen anything
like ( hat happen ever in you know in my life So like but I know that the kid was
about to start running and the cop just stop, show me your hands and shot him.
FLORIO: Okav,
AVILBS: And I seen the kid go down. I seen the deputy walk over to him saystill saving show
me your hands, flipped him over. Now he' s laying on his back and he was shaking
like,shaking like I've never seen.FI.
ORIO: Okay. Sojust in summary again deputy gets out of his car AVILBS:
They spot each other At this point the deputy is facing the subject and the subject is facing
the deputy_ AVILBS:
Yes_ FLORIO:
As this is hap ening is... IS the deputy moving closer to the subject or is the deputy standing
still? AVILBS:
Okay. So the deputy' s closing distance then on the subject as the subject is backing up.
AVILBS:
Yes. FLORIO:
Yes FLORIO:
AVILES: Oka.,
FLORIO: Okay. Ilse deputy and the subject are lacing each other The deputy is walking at
lead advancing towards the subject and then the subject in the red shin is backing
up as that' s happening. Correct so far"
FLORIO: AI that point then the subject,,, the deputy.-. as the deputy is drawing his weapon
the subject is turning to his left.
AVILES: Yes,
AVILES: Yes_
FLORIO: Okay. Cause ]. just wanna make sure because there was a couple of ditferences
here... cause Originally y011 Said.., you had Just said that he was, just looking back
at the deputy from his IeJt side.
FLORIO: Bw... but now you' re sating that they were facing each other and then that...
FLORIO:
Okay. Iles( wanna make sure cause I don' t want there to be any discrepancy in
whal you... what you say.
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FLORIO_ You know just that' s why I... I asked to make sure you clarity.
AVILES_ Yeah.
FLORIO Okay.
AVILES: So they were facing each other at first. The kid got a couple back steps. The cop got
a few steps in from of his vehicle like you said. The cop advanced just a few steps
in from of his car and then the %ic... the subject was back pedaling at that point so
he was... he back pedaled about three steps,
FLORIO : Okao,.
AVILES: And at that point it was when the cop you know the deputvjust drew his weapon.
FLORIO: Okay. And just now from the point the the depute drew his weapon describe what
the subject in the red shirt' s doing.
FLORID He was mming. And he would\ e been turning to his right, to his left? flow does
that work'?
FLORIO: Okay. So his left side would be exposed then to the depuly?
AVILES: Right,
FLORIO:
Is his face, is the subject' s face still looking at the deputy as this is happening or is
his head completely turned around as tcell? Or can you answer Thal?
AVILES: 1 can' t... I can' t answer that without... with fully knowing that That' s what happened
because I was looking at both... both parties. 1 was looking at thi deputy and I
was looking at him_ But at the ,.. I really paid attention to the deputy when he pulled
out the gun.
FLORIO: Sure,
AVILES: You know what I' m saying so when 1 seen__ svhen I seen him pull out the gun
1' m... my attention is fully focused on him. And then I just saw that... Ijust seen the
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FLORIO'. Okay,
AVILES: So... so to be very honest any attention wasn' t on ( he subject in the red shirt at the
point of the stop, show me your hands and... and him shooting.
11- ORIO So at that point though then you would not hate had an eye on the subject' s... on
the subject in the red shin in his hands at that point'
FLORIO: Okay, Okay. So there could' ve been sonic IN pc of movement of the subject' s hands
at ( hat point"
FLORIO:
I understand. 1 understand. But what Fm asking you is...
AVILES:
His hands were up ( owards his chest.
FLORIO: Right.
AVILES:
When I took my eyes uH liffin , when I look my eves olYthat' s when the depute was
pulling out his... his gun. So that' s why I' m saying like...
FLORIO:
So your attention focuses on the gun and the deputy at that point!
AVILES: Right_ It was that fast,
FLORIO: Sure
AVILES:
Like as soon as he drew and he got on target it was... he let olY.
FLORIO: Okay.
AVILES: You know what I' m saying so it couldn' t have been Iha( much ofa gap I} om the
time ( hat his hands were up lowards his chest.
FLORIO: Sure.
FLORID Oka¢ So but as ( he deputy is... is drawing his ocapon is he verbalizing anything°
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
AVILES:
The subject I didn' t hear a peep out of The deputy I heard stop, show me your
hands.
FLORIO: Okay. Okay. Excuse me. Is there anything that I haven' t asked you that you think
would be important"
AVILES: No,
FLORIO: Okay. Is there anything about your statement that you wanna make sure is clarified
or change about your statement?
AVILFS: No.
FLORIO: Okay I have no further questions. I' m going to end the interview at 4: 27 pm. Thank
ou.
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TRANSCRIBED INTERVIEW
FLORIO: It is Thursday March 28`s. The time is 9: 40 am. Detective Florio ABN 205814 This
is going to be in reference to I ICSO case number 2019- 211277. ]- an currently
within my vehicle in the Wcslee Chapel area oilh can you state %our name for me
please?
W 17G: 253967.
WEG: Yeah,
WEG: District I.
WEG: 108.
FLORID:
Okay. Were you working on Tuesday night?
WI: C: Yes.
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
Okay.
What teas...tccre you dispatched or did you arrive on a call at 1250 Read?
WRG:
Yeah. I wasn' t dispatched to it. I responde alter hearing shots fired over the radio. FLORIO:
Okay. So when you heard shots fired on the radio do you know tvho had said that on
the radio'? WEG:
Deputy
lislanislau. FLORIO:
Okay. So when you arrived at 1949 where did you arrive to?WEG:
So
1 came. I was coming from Fletcher and 230, FLORIO_
Uh- huh. WEG:
leaving
a disturbance. I came up Nebraska and went east on Skipper from Nebraska.
FLORID:
Okay. WEG:
And 1 parked my car lust cast of the incident area along the road. FLORIO:
South side I blocked the cast bound lane of travel on Skipper.,. FLORIO:
Okay WI7G:
OkaY. Was there anybody else at that scene at that time? WEG:
Yes.
So when I got out of my car I saw Deputy Estanislau, Deputy Perez and Depuy.
O'Brien tending to Mr.
Okay W17G:
who was on the ground And then Deputy Richardson approached with his For:
medical bag.
FLORID: Oka,. What actions did eou take when you +vcnl to the scene,
WEC- When I got there I got out of my car. As I drove there I drove past FMS was staging
so I asked them if it was okay for EMS to come in and then I think Deputy O' Brien
got on the radio told them it was. Deputy Richardson then approached
with his bag and Deputy Estanislau stood up and I walked over to him to make sure
he was okay.
WEG- No. I mean I just told him roil know I put my hand on his shoulder I was like you
know are you good, you know, making sure he' s okay. I didn' t ask him about what
happened or anything like that.
WEG. Yes. So he was kind of like pacing around. Nou could tell he was frustrated you
know upsel. And he was just like you know why he make me do that. And I
was... ]. just asked him if he needed water, it he wanted to sit down in my car
anything like that And he._ he just kind of walked mound for a little bit And then
he ended up silting down in the passenger seat in my car far a minute. I offered him
water you know ifhe needed food or anything like that. And I sal in the car with
him until a supcn isor came over,
FLORIO: Okay. Did he actually make the statement saying whe' d he make me do Thal?
WEG: Yes.
WEG: Yes.
W' FG: After that when he was sitting in my car you know he was just like you could tell
he wasjusl silting there you know like I said I wasn' t asking him anything like that
but he... he wasjusl like how' d I... how' d I get him in the back. And I ... I said to
him did he turn and he kind ofjust stared. And I was like I' m sure it was a blur and
FLORIO, tic said-_ Fsmnislau said to }' oil how did I get him in the back?
WEG, Yeah.
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FLORIO: Okay_ Did he... what- I manna break ( hat down a little bil.
FLORID: I low did he... what did he say alter that meaning Esianislau^.
WEG: Yeah. Well I said to him you know maybe he turned, did he turn and he didn' t
respond. And I was like I' m sure it was a blur And then ( hat was pretty much it. So
I think at the time he believed that he had you know hi( him in the back. Which is
why he said that.
WEG: Yeah.
FLORIO-
that I have it right. When Depulc Estanislau says to you hory did I gel him in the
back and then you stated to him maybe he turned_
WEG: Correct
FLORIO: Oka%.
WEG- Yeah.
WL'G: No.
WEG: No.
FLORIO: Okay.
WEG: No. ' then I mean we stayed in my car until you know a supervisors kept coming
over to him and then he went with Corporal Nikic.
FLORIO:
Okay. Was there any other statements made by Esianislau to you whether they be
pertinent or not pertinent to the investigation?
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WEG: Toward the end of the time like he was sitting in my car. So aIt. yyou know after he
said you know after he asked about hcnv did he hit him and then s%e were sill ing
there. And he %% as just you know like I said you could tell he was thinking kind of
in shock, a little bit upset, and I' m sure the olicels were spinning. And he lust was
like you know do you think I' m gonna get fired.
WEG : I did. I told him I don' t know but 1 kno%%you got three great supervisors thafll you
know have your back,
FLORIO: Okay. Is there any, other statements that he teould-%e offered from there?
WGG. No.
FLORIO:
Okay. Did you ask him any other questions at that point"
WI7G: No.
FLORIO: Is there anything that I have asked you... that I haven' t asked }'ou that }' on think
would be important as it relates to any statements or,., or an) circumstances that
you observed at the scent?
WEG: Not,.. well so \%hen I got there and 1 think I put it in my Supplemenl.
FLORIO: Okay,
WEG: You know I noticed he was laying on the ground and then there was this cell phone
was about too feel west of him on the sidewalk there.
WEG: 1 guess was laving on the ground and then there was like
a black cell phone on the sidewalk in front of him.
FLORIO:
Okay. Do you remember what as wearing'?
VEG: I believe he was wearing a red shin but they had it pulled up as well so cause you
know they were tending to his wounds.
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GO# HS 2019- 21 27 ACTIVE/ OPEN BATTERY- 1 BATTERV- AGGRAVATE NTE. RYI E W
OF DEPUTY LEONA RD WEG. ABN 253967 Page 6 of 7 HCSO CASE- NO. 19-
211277 FLORIO: Okay, Did you
participate in lending to the anything medically with... with. WFG: No. FLORIO: like
any quick
clot
application, any...anything of that nature? WEG',No. No the
doing that
t know,,, I know Richardson approached with his medical bag.FLORIO: While you were
Okay, WL' G:
Yeah. FLORIO'.
And what'
Perez? WIiG:
right. Okay.
So to your knoeiedge Perez was already on scene when you got Ihcrc? WEG: CORCCI. FLORIO:
Okay.
Is there
anything else that 1 haven i asked you that youve or an)statements that were made that...
that made to you pertaining to the investigation at the scene? WIiG No. FLORIO: Okay.
That' s
all 1 have Do you have any questions for me as it relates to the For: 205814 Printed On:
invesligalion?
WEG: No.
FLORIO'. Okay. Then I to going Io end the recording at 9: 48. thank Nou.
GNU OF IN FERVIGW
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
TRANSCRIBED KIERVIEW
FLORIO: It is Friday March 290, The time is T21 pill. Detective Florio ABN 205814. This is
reference I1CSO case number 2019- 211277, Iln currently within my Vehicle in
front of the District I office at 14102 North 201h Street. I to with Corporal...
FLORIO_ Okay. Corporal if you would raise your right hand. Do you .swear or affirm
everything you re going to tell me is the truth, the whole truth and nothing but the
rulh'?
NIKIC: I do.
FLORIO: Okay. Prior to going on recording I told you that I was not going to go through )' our
entire statement. I just had a follow up question for you. Is that correcl?
FLORIO: Okay. When you arrived on scene did you observe or did you remove any properly
from the subject on the ground?
FLORIO: Okay. Did you observe anyone remove any properly from the subject on the
ground?
NIKIC: I did nut observe anybody- EMS was working on him so I didn t even sec
any... anybody taking anything Gom him.
FLORIO- Okay. And as I understood it you basically came kind ol' a little bit later in the
investigation.
FLORIO: Okay. Did you... as you arrived on scene did you recognize anything that you
would perceive to be physical evidence at the scene?
NIKIC I believe I saw a black object which I think was a cell phone laying on the ground,
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17LORIO_
Okay- Was there anything peculiar about that cell phone?
NIKIC: As far as 1 can remember I think it had a little stand If I can remember correcl]_r it
looked to me like it had a little stand
FLORIO, Okay. Did you or do you know of anybody manipulated or moved that object'?
NIKIC: I do not know. I did not touch it and I don' t know if anybody touched it
FLORIO: Okay. That is all the questions I have kir now. Is there anything that' s come up that
you know —that you think would be important that I need to know°
NIKIC No sir,
FND OF INTERVIEW
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY-] BATTERY - AGGRAVATED
TRANSCRIBED INTERVIEW
FLORIO: his Wednesday March 27' .' ncc time is 3: 08 pm, Detccli%c Florio ABN 205814_
This is going to be in reference to HCSO case number 2019- 211277, ]- in currently
within my % chicle in a undisclosed location with sir could you state your name and
rank'?
NIKIC Yeah, Marm ko Nikic Corporal with the I I i I Isborugh County Sheri lF's 0Irc , FLORIO:
227443, FLORIO:
Okay, And corporal if you would could cou raise your right hand? NIKIC:
Do on swear and anion the statement )' ouTe going to give is the truth, the whole truth
and nothing but the Truth? NIKIC:
Ido. FLORIO-
Squad 104 which is the Bravo actually Alpha midnights in district 1.FLORID:
Okay- And are you the direct supervisor of Daniel Estanislau? NIKIC
Oka% Can you tell me in your own words how you became aware of...
of a call for service
last night in the.. at 1250 For:
NIKIC The... the call came o%cr the radio. And I didn' t initially hear c%cp5hing (hat %vas
going on. I knew it came in,,. in as a 671 which was a person down which was
changed to a domestic just occurred. And then there was a lot of commotion on the
radio so [ just put myself in route towards the call. On my %% ay there I heard that
the._ one of our deputies discharged a firearm, that we were invohed in a... in a
shooting,
FLORIO: Okav Oa %ou,,, did you recognize the voice or he" did you become aware ol' who
was the actual shower?
NIKIC: 1 didn' t... until I got to the scene I did not know who was the shooter.
FLORIO: Oka}'. Do you remember " hat time you got to the scene?
FLORIO: That' s line. But as you arrived on scene how... how many Sheriff- s Office
personnel %%ere on scene by the time you got there?
NIKIC There was a lot ofthem. they were already pulling the ycllo%%(
ape...
FLORIO: Okay.
NIKIC'.. around it. Fire rescue was already there. And two of our deputies were close by
to the where the lire rescue i%as.
FLORIO- Okay.
NIKIC: W- Ii- G, met with him and I ask him hey did we gel m%olved in this he said yes.
And I said who fired the gun and he told me Deputy Estanislau.
FLORIO: Okay.
NIKIC Deputy Estanislau was close, standing close to Deputy Weg. Deputy Wcg was in
the middle of the roadway. Deputy Estanislau was on the south side of the roadway.
FLORIO: Oka%.
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED
FLORIO: Okay. So on the south side, so on the opposite side of the road where the... the
shooting occurred.
NIKIC I approached Deputy Estanislau and I kind of moved him a little bit further from
the... from the immediate incident scene
FLORIO: Okay,
NIKIC
And he %vas pretty shook up, emotional. lie was almost he ryas kind of holding up
his ( ears. lie wasn' t crying but he was I thought heat one point he may start crying.
He was pretty... pretty, emotional. And 1 told him heycan you just give me a brief synopsis_
Don' t gel into too many details. Just give me a brief synopsis of hat %% happened
so I can relay that to nest in line of like my sergeant, lieutenant and everybody
else. FLORIO:
What I mean by that is were you guys in the car or in the or on the street'? NIKIC:
We were actually on the street. %alkyd towards For not sure if that was Weg' s car. I belive
that was Deputy Weg' s car. FLORIO:
Okay, NIKIC:
Which
N'as a lit le bit...
a lit le bit NCst of where this all took place. FLORIO:
Okay. So and correct tie it I'm %%' rung. Weg informed you that Eslanislau was the shooter"
NIKIC
Okay. So then you approach Estanislau and you asked him forjusl a very brief synopsis
of hat
%% occurred? NIKIC
Okay- And what...and did Deputy Estartislau give you a synopsi ? NIKIC
What was...
from what you can remember " hat was the gist of that? For:
NIKIC He told me that he was actualIN he was on his war to a diRcrem call, it was a
shoplifter in Alpha I.
FLORIO- Okay.
NIKIC This call came out. It' s in his zone so he tells the dispatch to free him up of his 307
and to put him on the domestic.
FLORIO: Okay.
NIKIC: As he arrived he encountered a person, a subject I' m nor sure if its a while male or
female who pointed at Ihe... or subject that was shot,
F LORIO: Okay.
FLORIO: Okay.
NIKIC: Deputy Estanislau pulls his car Inrther mesl. I believe ( lie subject was walking west
bound.
FLORIO: Okay.
NIKIC: Deputy Estanislau pulls his vehicle over there, stops the vehicle, exits the vehicle
and addressed the subject. lie said hey can I talk to 5ou.' fhe subject in
a... according to Deputy Fsmnislau in an abrasive way is like what there' s nothing
to talk about, what do you want to talk about Deputy Fstanislau tells him hey [ just
want to talk to \' ou gmckl\', Ihe\'' re going to talk to the Other part% and well get to
the bottom of il. AI that point Deputy Estanislau obsmcd a black object in the
subject' s waisi band,
FLORIO: Okay,
NIKIC So and it appeared that_.. it appeared m hiol that the subject " as reaching tier it.
FLORIO: Okay.
NIKIC Dcpmv Estanislau drew his " capon, Ore weapon and gave him commands to drop
the eun, drop the gun. drop the gun.
FLORIO: Oka%.
NIKIC And I in not sure how many limes he told him but at least in his words at least two
limes that he told me.
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GO# HS 2019- 21 27 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED I NTERVIEWOF COPORAL
MARINKO NIK I C,
ABN 2743 Page 5 of IiCSO CASE NO.
19-211277 FLORIO: Oka% NIKIC:
Maybe even
So at
that
time the subject made a motion like if he was pulling something out, like if he was
pulling out the firearm. FLORID: Oka%.NIMC
And fearing
he
use those words for his safely? NIKIC No he
not,., FLORIO:
What was
said
that he thought it was gun and he fired. FLORIO: Okav, Okay,
All
right did you take any other statements front him? NIKIC tic told
me
that alter the subject went down that he went and gave him first aid. FLORIO: Oka%.NIKIC:
lie put
glo% es on and applied pressure on the wound, lie said he was communicating. lie asked
the guy hev were you shot. lie said yeah I was The guy. , the subject
that was on the ground was alert and talking- FLORIO: Okay. NIKIC
lie told
me where., he asked the guy where he said in my back. FLORIO: Okay. NIKIC:
On my
back so he just applied the pressure until other units responded. FLORIO, Okay. Did
you... did he make any other statements to you throughout the night? NIKIC No, I
GO# HS 2019- 21 27 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED INTERVIEWOIF COPORAL MARINKO
Unless he
talks to you guys and our legal department. FLOWO: Okay. Okay.
Hate you learned of any other information through other deputies regarding this investigation?
NIKIC No sir
my primary responsibilav . vas Iasi night to stay with Deputy Estanislau and accommodate CID with
whatever needed to so 1 didn t retalk to unles. I mean 1 read some reports
and everything else but I haven' t talked to anybody directly. F LORIO: Okay.
All right. And did he describe any sort of and again I don' t am you " to put what you... whal
he may hayc been implving bill the actual words that he might' ve said. Did he
describe any other movements of the subject!NIKIC: No. No
asked him did you find the gun, I le said no he didn' t alter_..alter the. FLORIO: Okay. NIKIC
the shooting.
right. that s all I hayc Do you have any questions for me:'NIKIC No sir.
I WIII slop the recorder at 3:I6 pal Dtank you. END 017 INTHRVIEW
jg/April 3,
TRANSCRIBED INTFRVII? W
RETTEW: Today' s date is March 27, 2019. It' s currently 1: 54 am. This is Detective Renew
ABN 233650 in regards to HCSO case number 19- 211277. I' m speaking with. . at
TGH with
Uh- huh.
R17 FIT W_ Sixteen you' ll be seventeen with )' our... okay. can you raise your right hand
for me? Do you swear or affirm to tell me the whole truth and nothing but the
truth?
Yes,
REF1' li\ V: Okap. You can put pour hand down. Do you know what the difference is belo cen a
truth and a lic?
Uh- huh.
REITEW: Okay. So if I told ) ou that blanket was black is that truth or a lie'
A lic.
RE TTEW: Okav And while we' re Talking today you promise to tell me the truth about
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HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
everything?
Yes.
RI TTEW', Okay. I just wanna talk to you about kind of what happened tonight that led... I
understand your is the one who called right?
Uh- huh.
Yeah.
REITFW: So tell me about that. What... whin happened prior to you calling or why you had to
call?
Me and my brother were arguing over the key cause he wanted to sit in the car but
my mom took ' em. And he was getting mad trying to break the door handle. So she
just slapped on the side the back of his head and he picked her up and slammed her.
She fell on the floor. So my got scared because . she like laid there for a
morale. And called the cops. Then I called the ambulance. called the police but
they transferred over to the ambulance. So I got the ambulance to hum'. And
called the cops. And then walked on,
Yes.
R171TF- W:
Prior 10 your mom taking the keys away were you guys... ahv %%
ere ) on at that
residence"
RETI' I? W:
That' s where your grandpa lives?
Uh- huh.
RI?TTE W.
And were youdid you go inside the house? Were you inside the car" Where were you
guys al't For:
INTERVIEW OF 1` 2ge3 of
HCSO CASE- NO. 19- 211277
I scent inside the house to see my grandpa but we were standing outside the car Me
and my brother we was arguing outside the car
RETTEW: And what were you guys arguing about? Do you remember?
Iluh- uh. Not with me and him, I don' t know. Ile just„
REITEW',
Not With you and your brother?
Huh- uh_
RI?' ITEW_
Okay. Did your brother While you go) s were arguing about the kc)' s did he
ever... did you guys ever gel into a physical altercation?
Yeah. we al vat's do. Ile just like grabbed my head and banged it on the what' s it
called, the car in the car Ilejusl banged my head.
Like he grabbed me by my hair and he just banged my head. But We tight all the
time, Like I hit him back. And he hit me,.
Uh- huh.
RETTEW: So I mean he grabbed your head and hit you against what pan of the car?
Like the ... like I don' t know I couldn' trealiv tell cause he Was like grabbing my
head. 1 can' t see anything,
RIB Lf E W: Okay.
When I got up I just went in the house to tell my grandpa cause I was cq ing. l"hen
he said sorry and he was acting all belligerent. Then my mom came out and look
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GENERAL OFFENSE HARDCOPY
INTERVIEW OF Pape 4 of R
the keys from us. And then he slapped... she slapped him.
Like he just him- Like he sjust a loud person_ So he' s just yelling and stu fisayIng
I' m bothering him. And she just said well give me the keys. Nobody has the keys.
Then she took the keys in that the argument.
RFTTFW_ May So after he hit your head into the car you went in to tell your grandpa that
that happened'?
RE'
I-
I' IiW: that ryas in there too?And so she found out that he hit your or something and.,
FULMORE
KETTEW:
that' s when she look the kevs a va r"Okay. And then what did he do nest once the
like,,,she slapped him in the back of the head because he tried m break the door handle
in the door, IJe tried to break The door handle. lie %%
as going around the whole
car. And then when she slapped him he picked her up and then slammed him...
slammed her on the concrete. RE"
I"
YEW: Okay, What do you mean b\'
she slapped hint?Can Non describe hON' that eka5I FULMORE
you know how like discipline your child like don' t do that. Like that' s how she
popped him on the side of his head. RF"
I"
I' EW: Okay. So not like hard but...
FIJLMORE3
RE7TEW:
INTERVIEW OF Page 5 of 8
HCSO CASE NO. 19- 211277
Yeah.
RETTEW: And can you describe that? Do you know where he-
like a wrestler, like a wrestler would pick up somebody. Just picked her up and
slammed her,
Yeah.
RE' r'rEW: and like threw her down into the ground?
But she' s so little and I guess he forgot like who he was,,, he just picked her up and
slammed her, And my grandpa got scared cause he didn' t want. _ Cause she just laid
there. And I was scared too that' s Nfiy I called the ambulance. But he was scared
cause he' s scared of my brother. My brother is... crazy.
No like he' s not like crm. y, crazy. Hes just like ._ he' s just aloud person. Like our
whole family is loud so.
RE TIti W: Okm.
My grandpa was scared for my mom shes on the floor. Cause she fell like on the
curb but she hit her head on the parking lot.
RETTEW: Okay. And what is... how long_. did you see your mom on the ground? What %vas
she acting like or?
Yeah, My mom was like she laid on ( he floor Ibr like a minute and ( hen was
just like staring at her lie was about to cry because he seen what he did. And 1 told
him don' t go near her and then when my... he seen my calling the cops
that' s when he just walked off
RETTEW: walked oM
Yeah,
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INTERYI EW OF Page 6 or
HCSO CASE NO. 19- 211277
called when she was like ... like offer called. called when seen her like
getting up and she was like acting drowsy. So I though[ something was strong with
her head so called And he transferred me to the ambulance.
Yeah.
RGTTEW: Okay,
RETTEW: Okay.. And then so walks all'. Did you see where he went?
No. I know he i, cm out the apartment complex but I didnl know_. if he went that
tea) or this tea)'.
RFTTE11'_ Okay. And did you sec him at all again after that'
Yeah. I seen him " hen he was laying on the floor after that. That s the last time I
saw him.
Yeah,
Yeah.
RGTTEW:
And when was ( hat? When you guys were..
When everNihing was o%er and he was like ... like it was like .. like after he walked
out and in, called the cops, And me grandpa came out and said the cops
got hint. So me and ntp sister went to go check. And it was like too many cops for
just one kid. So me and my sister went and looked and they said somebody was on
the floor and had got shot.
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GO# HS 2019- 21 27 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED INTERVIEW OF CHASITY
who
all was ( here when your mom got slammed on the ground by lames? FULMORE: Me.
So she
him
gel. h
- im slam your mom too?Okay. Did your mom sap anything when she got off (
he
ground or? FULMORE : No she
she was okay. She told my grandpa no( to call the cop... the police but he said he
gonna anyway just to be safe But she said she was okay. I just wanted to make
sure. RETTEW_ Okay. All
right You say your brother is I guess you said your whole family is loud is what you
said. FULMORE : Yeah. RFTTHW:
las
your brother ever acted like that before with your mom or any of you guys? FULMORE : No. Like
there anything else that happened tonight during that time that you wanna talk about or"
FULMORE No. RETTEW:
Do
you have any ques( ions for me if I can answer ( hem for you? FULMORE: 11uh- uh,
Okay. Where...
and Trinity was right Su is she gonna have kind of the same information that you
do'FULMORE : Yeah. RETTEW
I'
m gonna talk to her a little bit too all right. For: 205814 Printed
Oka,.
RFTI ENV: All right. I I you don' t have am questions for me I' m going to end the intcn icw at
202.
OAar.
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
TRANSCRIBED INTERVIEW
TABOR: All right. Today' s date is March 26, 2019, It' s approximately 2107 hours. I' m
De(ective' fabor A13N 218707, And Iln conducting this interview in reference to
I ICSO investigation 2019- 211100. I' m here inside ol' my cur at Skipper Road
or lust " es( of Skipper Road lis myself and Aix. Annette Gaddy is that
correct ma' am'?
TABOR_ Can you spell your full name for the record for me Ms_ Gadd}' 7
8134697254. TABOR:
All righ(. Can you do me a favor and raise your right hand?And do you swear and alloari
that everything youre going to tell me tonight is going to be the truth? GADDY_
Yes. TABOR:
No, TABOR:
GON HS 2019- 21 27 ACTIVE/ OPEN BAT ERY- 1 BATTERY - AGGRAVATED INTF. RVIF- N' OF
And you'
re feeling other than being scared and a little nervous and ev rything with what you witnessed, other
than that )on re okay to talk to tire?GADDY: Uh-huh, TABOR
Okae. You' re
We were
Is that correct?
GADDY: I hat' s
you just Stan from the beginning and tell me you know kind of where you' re coming from
and what cou saw. GADDY Well I just
So I was
coming
back, on me way back to me house over on Bain Wood. I usually cut through oil" ol
Bearss onto Skipper Road and then go over to Fletcher. So today I saw a light
when( police of icers light when 1 was... when I turned onto Skipper Road off of
Bearss as I was approaching. So Iralic was slow coming Through I'm assuming
because of the light because the light was blinking, 1 here were probably two can
ahead of me. two or three cars in front of me. TABOR Uh-huh, GADDY
that I remember.
And as I was approaching to pas the police officer' s car 1 saw the officer out of
the vehicle and was approaching sorrictm , a man or a boy with red._dres ed in red,
had a like a red ho dic, a red shin, long sle ve shin. As the officer was approaching I
saw the person lo k back and then Stan to run, And then I Just... I heard thre
pops, po , pop, pop and then the person Icll to the ground. TABOR: Okay. GADDY And
by then
I' in like passing and seeing the person on the ground. And I first For: 205814 Printed On:
TABOR: Okay,
GADDY:
l"hen I was gonna pull off but then I was like no, I can' t, So I just pulled over right
here where I am_.
TABOR: OkaY.
GADDY:
and stopped. And I just kind of Waited. Then I got out my car and 1 walked up to
the sign and was asking you know if he was okay, if he was alive you know and 1
never did gel any answer from that so.
TA13OR:
Okay. Well I appreciate you having the where With all of stopping and you know
sharing with us what you Tressed. Okay. And I apologize that you ... you
witnessed that. We' re in a car right now and ( his can t_-this audio recorder doesn' t
have a % idea camera on it. Okay.
TABOR:
But you' re pointing over here and the car I' m assuming the car that you' re pointing
to is...
GADDY: My red.
TABOR: And you' re driving west bound on Skipper Road. Is that correct?
TABOR: Now you said when you turned on or when you were at Bearss turning onto
Skipper you saw a light?
GADDY: When I turned... after 1 turned off of Bearss onto Skipper as 1 was approaching I
saw a light, the police officer s light flashing...
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CADDY Yeah.
GADDY: Yeah.
TABOR: Okay. Were you... how far do you think you were away from that car'?
GADDY: I was right down there by like where that laundromal. that little plaza is as you
come around that curve.
TABOR: Okay.
GADDY:
And I noticed the lights were ( lashing. I was on the phone at that time talking to my
daughter. And 1 said wow a Sheriff car is down here flashing, 1 wonder what' s
going on you know. It was slow so.
TABOR: Where was the car at, the car that had the lights on'?
GADDY: It was down there by like it was past that, down by the US Storage. like right by
the store_ There' s a little store...
TABOR: Okay.
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TABOR: And was it one of these marked cars that say Sheriff on the side?
GADDY Yes.
TABOR:
Okay. By the US Storage sign? Is that what you' re...
GADDY: in thinking. yeah. Cause there' s another store so it was like between the US
Storage, a little bit passed the storage coming back this
TABOR: Okay.
TABOR: Okay- So do you... do you think it was, and if you don' t know you just-,
GADDY: Yeah.
GADDY: I in not sure. I know it was between that Remales and that US storage.
TABOR: Okay.
GADDY: Because the guy started running and he started running it was right there by the
storage, And then 1 saw him go dorm it . yasn" I that far from that. flow far is Thal? I
can' t see.
TABOR: Well let' s do this. Lel' s get out of the car and walk over to that tape and maybe that
car is still there.
TABOR: All right? May We' ll. just walk on this side over here. We' re not gonna be going
past that tape but obviously it' s dark outside right no"'.
GADDY: Yeah. It' s like right about where the... where that probably "' here that first car is
right there, where the lights arc blink.,. where the lights are shining, right about
there.
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TA13OR: So we got this group of people and tehere that car is at'?
GADDY Yeah.
TABOR: Okay. So it technically is between the Rentalex sign and the US Storage sign.
GADDY: Now you re talking about the Sheriff car ( hat I saw^
TABOR: Yes,
GADDY: Okay.
GADDY No. See I' m thinking it was cause I sat%the car when I was approaching. So I
passed 1 know I passed (] rose houses down there...
TABOR: Oka%.
GADDY- 1 was coming in this direction so the car was facing this direction as well.
TABOR: Okay. All right so but you' re not sure about where that...
GADDY:
I' m not sure exactly where cause see I see a car down there flashing.
GADDY: I saw the light flashing and then I came down and I sm% a SherilTcar sitting on the
side.
TABOR: Okew. Was it still on the roadway or was it on like the shoulder'?
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
TABOR: OkaY.
TABOR: Okay.
GADDY_ But 1 knots he was outside the car when 1 saw him.
TABOR: Okay,
TABOR And You said there Were two or three cars in front of You!
JONES: and then when I came down yeah, there were some other cars in from of me.
TABOR: Okay.
TABOR: I understand. So the car that had its lights on pulls off on the shoulder, is pulled off
on the shoulder of the road on the north side with his lights on, And...
GADDY: Yeah.
GADDY: And that was a little ways doom and I' m still... I- m still coming clown, approaching
tthen I sec that.
GADDY'. Oh probably about thirty because it' s slow, Usually you come through this street
you get through okay. But I... I' m assuming cause the lights were blinking cause
that s why I slowed down_ I slotted down because I saw lights flashing. And then
when I got L- I approached a lillle further then I saw Sherill'
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TA13OR: Okay_ So you approached the car or you' re coming, you approach. You see the
deputy standing outside the car?
GADDY: One,
GADDY: lie was standing on the left side of the car and he was walking.
TABOR- Okay. What' s the deputy doing when you see him there?
GADDY: I see him appr._ walking towards the person in the red.
TABOR Okae Is he doing anvthinti? Is his arms moving' Do you see anything in his hands'!
GADDY:
I didn- 1 see his hands moving or anything. I just saw him walking towards that
person.
GADDY : I,,, I just assume a man, dressed in red. I sas%him look back.
TABOR- Okay.
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
GADDY: And that' s when I heard the three pops. And 1 looked and I saw him fall In the
ground.
TABOR: So the man looks back at the deputy, Then he takes on' running.
GADDY This way, the same direction our cars are pointing in.
TABOR: And for the record you' re pointing to the west towards Nebraska Avenue.
GADDY: Ycah.
TABOR: How far did he get before you heard the pops?
GADDY: Not... not very far at all. It was a few... maybe a lew steps. It was close I mean it
felt like it was close proximity..
GADDY. Three.
TABOR: What would you describe those pops are? I ntcan do you know what they were?
TABOR. Oka,,
GADDY.
I heard pop, pop, pop. Pop, pap, pop yeah, three times,
TABOR_ Where were you al when you heard pop, pop, pop?
TABOR: Like so when you heard the pop, pop, pop were you passed the depotand the other
guy or...
GADDY:
I was like right there. I was like right cause there were two...
two cars ahead of me. TABOR:
Okae For:
GADDY: So when 1 heard the pop, pop, pop 1 was like right there beside, pretty much beside
passing" here ( fie) were standing,
TABOR: Okay.
GADDY:
And all of us, the first three, four cars put on brakes.
GADDY:
I know we were all... ( know the car in Item of me put on brakes. I put on brakes.
And then I look over and that' s kind of saw the guy falling to the ground.
TABOR:
Did you sec or did you sec anything in the guys hands that was wearing red?
TABOR: Okay.
GADDY:
But I wasn' t really looking, you know. I wasnl looking for anything in anvbody s
hands to be quite hones(.
TABOR: Okay. Did that subject make any sudden or furtive mcwemems like...
GADDY:
lie looked back. lie made did this and stun running.
TABOR: Okay.
GADDY
I -le looked back. Stan running.
TABOR_
When you initially saw the deputy approaching the subject what was the subject
doing' Was he standing there" Was he walking? Was he running'
GADDY: tic was walking.
TABOR:
Okay. Did you hear the deputy say anything to the guy^
GADDY: I1uh- uh. 1 mean I could assume that he was saving something but I didni hear
anything. I don' t knout what... if they had a conversation what it was about or any
of that.
TABOR:
So the subject' s walking away from the depute and the deputy s approaching him.
At some point that subject looks back and then takes off running'
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GADDY: Yeah. I saw the subject walking, I s'aw the Sheri ll' approaching him_ I saw him turn
around, the guy in the red turn around And I guess saw the Sheriff and Stan
running, turn around and start running, So he did a quick look back and then stars
running.
TABOR: Okay. You couldn' t hear any conversations or commands or anything by the deputy
or the subject?
TABOR: Did you see any lurti%e movements made by the subject? Like going... his hands
like going towards his pockets, his waist bands, anywhere?
GADDY: 11uh- uh_ I just saw this lust looking back and running, looking back and going.
TABOR: May.
LABOR: And when just to be clear when you heard the pops the subject was running away
from the depmy?
GADDY: Huh- uh. Saw one man he w' as walking that direction towards Nebraska. When he
heard... he said when he heard the pops he fumed around to come back to see what
happened. But he didn' t see anything. And then there was another man coming up
on this side on a bicccle and he said he... that i1 was a good kid. And 1 was like oh it
was a kid. You know so 1 don' t know. I le said he knew him and he was a good kid
and he diddl do anything Io anybody. You know but 1 don' t know I don' t knmy if
it was a kid or an adult- I just hope they lice.
TABOR- The guy who was walking towards Nebraska and turned back around...
TABOR: allcr he heard the pops what d that guy look like or is he white..
TABOR: Hispanic?
GADDY he was a white guy. lie had like a... kind of what kind of dark blonde hair.
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TABOR: Oka%,.
GADDY: Fie might' ve been about Ove... five four, lice live fie had facial hair, some beard
GADDY: Oh gosh_ 1 don' t remember what he was wearing. I wanna say a plaid shirt but Iln
not sure.
GADDY: Pants.
TABOR: Shoes?
TABOR:
Okac. Anvbody else tha eou saw around^.
TABOR:
And that guy that was walking he said he didn' t see he didn' t actually see what
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY - I BATTERY -AGGRAVATED
GADDY:
Uh- huh. lie said he heard it but he said it was good... he' s a good kid, You know_
TABOR:
Okay- All right. So I' m gonna go ahead and, lust sum it up_ If I say something that
incorrect please let me know, You were taking your grandson home and dropping
him offal Tampa Palms?
TABOR:
And you were driving back. You said }'on were on the phone with your daughter?
GADDY: Uh- huh,
TABOR:
What' s your daughter' s name'?
TABOR:
Do you know her phone number oil of your,..
GADDY
Not off the top of my head.
TABOR,
You didn' t ... did you record the incident or anything like that?
GADDY: I was getting... when 1 was getting ready to record a Sheriff car came and kind of
pulled in and then I couldn' t,,, didn' t gel to do anything else.
TABOR, Okay.
TABOR: 28259
TABOR: So you -re on the phone with her You turn from Bearss onto Skipper and %,on see a
car, a police car, a marked police car that says Sheriff on the side facing west bound
with his lights on pulled off on the shoulder of the road_ You kind of described to
me possibly between this Rentalcx sign and that US Storage sign. Is that accurate°
TABOR: Okay_ A couple of cars in front of you ) on were going about thirty, miles an hour
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but it' s starting to sloedown because the car is there. You see a deputy standing on the
driver' s side You only saw one deputy') GADDY:
Oka\. GADDY:
I rem b a white shin and then I sae' blue gloves. I don' t know when he got the blue
gloves but I rem ber a white shin and blue gloves. TABOR:
When you so)'blue gloves are you talking about like garden gloves or like latex gloves;
GADDY,
Okae
So one dcpmy %%caring a white shin with latex gloves, blue approaching a subject
that vs
%% walking %,cst bound wearing all red. GADDY.
As you get closer and you' re about next to him the guy who s walking away from the
deputy looks back and then lakes off running. And then you hear three pops. GADDY.
OkaY. GADDY
Oka,. GADDY:
until after he was...he...was... until alter the man was shot. TABOR:
Yeah. TABOR:
GADDY: Yes.
TABOR: Okay. You heard three pops. Did }' on see any flashes or...
TABOR: Nothing?
TABOR: May.
GADDY: AI first I thought it was not a gun. 1 thought it was like... it was like that... but it was
three pops so I %% as like that had to be a gun. It wasn' t his... at first 1 was Thinking it
was the laser thing. But I was like no,
TABOR',
Did you see any lasers?
TABOR',
Youjust heard three pops'
TABOR:
Okay. And I m not trying to trick you. I' m just trying...
TABOR: to be clear.
GADDY: I knosc
TABOR: So you' re saying that you diddl see a gun in his hand?
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TABOR: Okay.
TABOR: But the only two people that you saw right there wen that deputy.
GADDY: Yeah,
TABOR. So then alter you see the subject fall dorm to the ground you stopped there and
then at some point...
TA13OR: Okay.
TABOR Oka,,
GADDY And then I realized okay I can' t stay right here, I need to pull up.
TABOR May.
GADDY: After I sat there for a minute cause I was kind of shook up. I was like oh in)- God.
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GADDY: Yeah. And then I that time I' m talking to my daughter I' m like oh my God I just
saw somebody get shot. And...
TABOR: Oka%.
GADDY: so she was like are you okay. You know and I was like 1.. 1 don' t know. I need to
pull over. So 1 pulled over and I was like oh my God I have to sav something. 1
cant walk... drive away and not sav something.
TABOR: All right. And just to be clear you never heard, all your four... all your windows
were up?
TABOR: And you slated earlier ( hat you never heard any kind of dialogue between...
TABOR:
Okay_ All right. 1 just wanna be clear on that. Is there any other...
GADDY
It was like a silent ... a silent movie I didn' t know anything that was except what
1.. what I could see while I was driving.
TABOR: Okay. All right. Is ( here anything else that you think is important that I need In
know that you haven' t shared with me?
TABOR: All right. A( this point I' m going to go ahead and conclude the interview. ItS
approximately 9: 31 pm, Still March 26, 2019.
BND OF INTERVIEW
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TRANSCRIBED INTERVIEW
TABOR: All right I' m back on the record with Nis. Annette Gaddy. Is that correct?
TABOR: This uhhh._ it' s still March 26. 2019. It' s approximately 2143 hours. I had told you
that I was gonna go down there and relay the information that you had provided a
few minutes ago and that I d probably have some follow up questions with cou. Is
that correct?
TABOR; And prior to me turning this recorder back on did I ask you anv questions
pertaining to what I' m investigating?
TA13OR: Yeah. Did I ask you any further questions or did 1 just kind of explain In pau this is
ohm we' re gonna do... we re gonna ... did I fell cou hev would von mind coming
back over answering a couple questions?
GADDY: Yes.
TABOR:
And then I' m gonna fake you up there to the tape and kind of have you point to the
car and then ask you some specific questions about the positioning of
individual.
GADDY: Oka%.
TABOR: Is That,.,
GADDY Yes.
TABOR: correct?
GADDY: Yes.
TA13OR- Okay. All righl. Before we move up there did anybody else talk to you before me"
Did any lICSO personnel...
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED
GADDY: there was a Sheriff actually one started, then another one came up, another one
took over.
GADDY.
It was a male. Then a female came. The Icmale passed it onto another male. So I
ended up talking to a... Io a gentleman,
GADDY: I don' t remember any names. She was... she started but then she passed this
young lady here she passed it over to another gentleman.
TABOR: Okay. The firs( male do you know what he looked like'
TABOR: Is ( hat who you talked to right there' Is that the female?
TABOR: Oka.'.
GADDY: She started the report, She someone else gale it to her, She started it. And then
someone asked her to do something and so another gentleman__
TABOR: Okay.
TABOR: Okay. The gentleman that' s standing with her is that him?
TABOR: If I call him over here do you think you could recognize him?
GADDY: I know that' s not the first one, so yeah if you call him maybe I will
TABOR: We' re on... we' re on a recording right now. She had mentioned that she started
talking to a deputy originally and then that... the deputy passed her on to is this her'?
GADDY: Yeah,
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TABOR: Deputy...
MAGRO: Magro.
TABOR: Magro. Okay. And then you passed her onto Depuy,,.
MACRO: Blyth.
GADDY: Yes.
TABOR: Okav
GADDY Yes.
GADDY: Yes.
TABOR_
Okay. Thanks guys. Okay. AI any point when that subject was walking or running
did he ever reach for anything?
TABOR: Okay.
CADDY: 1 don' t know if he if he reached far something when he Was turning around. I
don' t know.
GADDY I just know T saw him look back at the officer. lie looked back and then he Stan to
go,
TABOR, Okay Did he actually stop walking and look back ar Was he continuing to Walk
when he looked back'
TABOR: Okay. Was he laced away from the deputy though When he looked bock?
GADDY When he looked back he was lacing the deputy cause he was going forward. He
was Walking forward.
TABOR:
Looked back at the deputy walking lanyard towards him)
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
CADDY
And the deputy was going towards him as I saw.., what I saw was the deputy going
towards him and then I saw him look back and start running_
GADDY: I know.
TABOR: confused here. So the subject is walking away and the deputy' s approaching him_
TABOR: Okay, When the subject looks back does he continue to walk west bound or does he
actually stop?
TABOR:
Did he stop when he looked back?
GADDI': Yes,
GADDY: ties.
TABOR: Does he look over his right shoulder or his left shoulder?
GADDY:
I dent remember well sec. He' s walking this way. See I' m turned around this way
ifs kind of hard_
TABOR: Well were gonna go over there. If you want we' ll just... %well do it when we get
over there okay. Maybe that ll help when we' re in the right ... the right direction
here. All right for the record I' m gonna take Ms. Gaddy up here to the scene so she
can do a little bit better of a walk through with me. We' ll just stay on this side over
here. Okay. Everything happens on that side of the road correct?
TABOR: Okaw. All right. Do you see the vehicle that was parked on the shoulder that had its
lights on?
TABOR: Okay.
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GADDY
I remember passing the store and I remember the light blinking dorm there, I saw"
the lights flashing or theme turned on.
TABOR:
Okay, Well iher re pretty bright lights so its possible you could' ve seen the lights
blinking all the w' ay down there.
GADDY Yeah. And then I saw yeah. The car teas about right here in this area here.
TABOR. Okay.
GADDY: Cause I... % salt. I was about in this area right here.
TABOR: May. So the guy ' in the red, where was he at in relation to the car?
TABOR:
Mae. And at that point when you see him he' s walking,..
GADDY
That way. yes.
TABOR:
Okay. And then where' s the deputy at'!
GADDY_ Standing up I wonna sac at the front. near the front of his car.
TABOR: Okay.
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TABOR: When he starts walking towards that subject what... what' s the subject doing'!
GADDY And...
TABOR: So...
TABOR: for recording purposes you just looked over your Iefl shoulder.
GADDY: Yes.
TABOR: Is he still walking when he looks back or does he__ does he stop'
TABOR: Oka%.
GADDY Ile was walking_ lie stopped, looked back and then started running.
TABOR: Okay. I low, far did he get or how many... do you know how many steps"
TABOR: Oka%.
TABOR: Okay. Did and you dent did you sec him reach for anything'
GADDY: I luh- uh. I didn' t even see the deputy reach for any... I didn' t see anybody reach for
anything.
TABOR: Okay. Did you see where the subject' s arms were al?
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TABOR_ Okay.
GADDY Yes,
TABOR: Okay. All right. And he didn' t get very far it looks like.
TABOR:
Okay. Just a few steps. All right we can go back, Thank von lift demonstrating that
for tire. Does that make it a little bit easier for you to...
GADDY: Yeah.
TA13OR- Oka%,
GADDY Yeah.
TABOR. Besides those three deputies in the initial stages of the investigation did you talk to
anybody else besides myself?
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TABOR: Okav
TABOR: All right. Is there anything else that you think you need to share with me or that
you know oP
TABOR: Okay. At anv point did you ever tell anybody that you saw the subject reaching for
anything?
TABOR:
Okay. All right. I don' t have any lumber questions. I' m gonna go ahead and
conclude the interview at 2152 hours still March 26. 2019,
END OF INTERVIEW
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UNKNOWN: Go ahead.
UNKNOWN: 10- 4.
END OF RECORDING
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UNKNOWN'. We' ve got the state attorneys office coming I} om the cast side_
IiND OF RIiCORDING
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POWELL: lie) it' s 10- 4 to advise mom son is conscious, aeake and 51 to rf' Cl1
FLORES: 26,
POW ELL: lacy also Flores do you know which unit came to 2 5 at the residence on the initial
call"
POWELL: Okay. Cause you should have about live units there. . lust advise it y' all need more
help.
UNKNOWN: 10- 4 sir ) eah. We' re at which is just south ot' the main on ice
- and
south orthe pool right here And we have the apartment secured
POWELL: All right, Y all gonna ha\' e a hispanic male dark blue hat, blue shirt, dark blue
shorts he' s a little hostile at the scene. tic may be 51 back to the house.
FLORES: Yeah. I Ie arrived on scene We came in contact wish him for a brie) second.
VANCE: Go ahead.
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATE
INTERVIEW OF
Page 2 of 4
HCSO CASE NO.
VANC' E: 104,
UNKNOWN:
C I are you on channel?
DISPATCH:
10- 4 go ahead.
UNKNOWN: We' re at the museum that' s not 10- 19, that' s nut 10- 18. It' s to Skipper Road
in reference to a head laceration to the 38 victim. Female is conscious
DISPATCH: All right_ 10- 4. You said not 10- 18 or 10- 18?
DISPATCH Copy.
POWELL: Hillsborough this is 3 Alpha Sierra 01 due ro the circumstances have them come
10- 18,
DISPATCH: - 10- 4.
UNKNOWN:
Sergeant Powell are you available to 45 to Deputy Hall.
POWELL:
10- 4. I think I got him in the phone.
DISPATCHER: Go ahead.
UNKNOWN: Florida Lima Echo Victor Romeo Corey LEVR Corey a black Nissan Altima.
UNKNOWN: 10- 4.
UNKNOWN: 104
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3 of
4 HCSO CASE NO.
DISPXI' CIIFR: Copy%
we %
e got a black charger coating west bound through the Skipper. Let him through the
tape. UNKNOWN: I ley
-
there s a blue Ford coming eastbound. It' s the one with the public affairs once I told
her to drive up to the tape and someone will 56 her,UNKNOWN: Magro, MAGRO:
Copy. Thank
whocvers on the west side lake names as they come through the tape names and ABNs. MAGRO:
Copy sir.
that-., my witnesscs' son that' s talking to you in orange WEG: Yeah_ Thars
10- 4.1 was trying to tell him to hang light. I might just send him your way though if
thars all right, UNKNOWN: I got
let him through. N' cg you can send the son over here. lie can stay on the other side of
the tape. W17G: 26. UNKNOWN:
What about
Yeah. Magro
INTERVIEW OF
Page 4 of 4
HCSO CASE NO.
MACRO: Copy,
MAGRO: Copy.
W EG: I ley Magro the Chief Deputy and the Sheriff are going in. Magro Not poi a silver
Impala and a black Impala 51 to you.
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TRANSCRIBED TRANSMISSION
UNKNOWN: Next,
UNKNOWN: Then.
UNKNOWN: Hey Jernr it in the We' re 10 25 with all the parties in the 38 Jerry
do we know if we' re all on a channel or are then working this from tact 17
UNKNOWN: Hey wc" re gonna be Jusl south of the main office where the pool is.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 180 of 372
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TRANSCRIBED TRANSMISSION
phone ringing)
CSI: Ili.
DISPATCHER_ Ili, I don' t know if you heard but we have an officer involved shooing.
CSI: Like is it on... 1 don' t know, I' m looking at... okay 1 see it now It says Skipper
Road- Okay,
DISPATCHER: Yup.
CSI: Okay. Do you have any details on that or at least who' s requesting"
DISPA' I' Ci IIX Let me ask. Jiang on. It was Alpha Charlie I who is...
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HILLSBOROUGH COUNTY SHERIFF
195744 c3 Page 2 of 2
CSI: N- I- K- 1- C'?
DISPATCHER: Yup,
CSI: Hyc_
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
rRANSCRIRED TRANSMISSION
UNKNOWN: I Icy Phil I' m gonna break onto go help in this shots fired call.
UNKNOWN: 104. lacy where did that call come our at?
UNKNOWN:
UNKNOWN_ 1Icy for 43 were gonna be over here on Skipper Road where the shots fired.
UNKNOWN: Yeah sarge I think we' re all out here now at this point,
TANGO SIERRA- I kind of figured. One ofy' all give me a call or something.
END OF RECORDING
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TRANSCRIBED TRANSMISSION
DISPATCHER: inaudible)] his ne, call just came in as a 671 and the second call came in as a 38
END OF RECORDING
For: 205814 Printed On: Map- 01- 2019( Wed.) Page 184 of372
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GENERAL OFFENSE HARDCOPY
TRANSCRIBED TRANSMISSION
phone ringing)
HCIR: Hillsborough County Fire Rescue recorded line. I low, may I help you9
DISPATCHER: Hey this is the Sheriff' s Office. We are out at a call at Skipper,
Skipper at believe we are apartment 46.
UNKNOWN:
DISPATCHER: we went out there cause there was a domestic issue and someone
was bleeding but when we got there they heard shots fired. So he wants you guys 10
go and just stand by.
DISPATCHER: Okay. Well stage until I guess until we can clear this clear it.
END OF CALL
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2 ALPHA 322 Alpha 39 can poll show me 97 I'm 38 in my zone please. DISIW
April 3.
2019 For:
TRANSCRIBED CALL
phone ringing) -
IiCFR- Hillsborough County Fire Rescue recorded line. flow may 1 help you?
DISPATCIER: lie), it' s 24 with the Sheriff Can we gel you to come out to
Skipper Road at the
Il s going to be reference a domestic dispute. The complainant is uncooperative
advising that his seventeen year old grandson just knocked out his mother And
that' s all we have so Jar
IiCFR:
Okay. And what' s your operator?
DISPATCHER: 24.
1 IC17R: All right. I' ll get ' emI' ll get ' ern started
IICFR: No problem.
DISPAFCI1ER: Bye.
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TRANSCRIBFI) 9- 1- 1 CALL
phone ringing.)
DISPATCHER: Whal' I
DISPATCHER_ You gone slurs dorm. I cannot understand what cou re saying.
DISPAPC11FR:
My grandson just knocked his mama out. She on the ground down there. Iie' s not
even supposed to be on this lot.
lies seventeen.
She' s thirty seven. She' ll be thin% eight in August. Can you hurry please? she s
gelling up onihe ground.
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY - I BATTERY -AGGRAVATED
9- 1- 1 CALL Page 2 of
HCSO CASE NO. 19- 211277
No. She' s getting up by herself She hit her head pretty hard though.
It' s okay.
DISPATCHER_ Sir
Yes.
Now he just walked through the allcywae going the other way.
Yeah_ Ile' s outside ofmy house And last week he broke my window I had it fixed
I Ie' s not supposed to be on this lot period, Now he just knocked his mama out.
He wearing all red. lies going out on the road on Skipper Road,
liis name' s
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9- 1- 1 CALL Pape 3 of 4
HCSO CASE NO. 19- 211277
DISPAfCIiI: R: And what' s his dale of birth? Ito you know il'?
Yeah. I' m getting ready to walk in there now to see which way he walking. Sojust
stay on the phone lie just walked towards Skipper Road but he had on this loud red
like burgundy. I will be able to see which way he' s walking. I' m walking toward
that way right now. Nail a minute. tic always does ( hat. When you call ( he police
on him he disappears. I in so sick of that bay, I dolt know what to do. Iln sick of
his this every I in scared ( hat my daughter going bring him to my house. All right
I' m almost... I' m almost on... on the 1} om street. Oh yeah he' s right next door at the
Sonny s„- Sonnys Grocery store. Ma' am.
Okay. Ile._ okay I no between Nebraska and Hearss on Skipper Road. tic' s gone
towards Nebraska but he' s... right now he' s in from of this store nest to me called
Sonny' s Grocery store.
DISPATCHER: Okay.
It' s a com enience store so he ran over there. 11 look like he going to his trailer
where it look like he gonna get on the side walk now.
DISPATCHER: Okay. Just lei me know when you sec the depm)
And he' s on their way. The deputy just passed me. Wait a minute... him in the red
way walking right there. Yeah. The deputy' s gone to get hint.
lie is now.
Yeah- I le' s walking down the sidewalk. I' m going back inside where my daughter
is.
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9- 1- 1 CALL Page 4 of 4
HCSO CASE NO. 19- 211277
OWN.
END OF CALL.
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TRANSCRIBED 9- 1- 1 CALL
Me%,
lc In.DISPATCHER:
brother pushed my mom onto the floor and right in front of me DISPATCHER:
r no ..My brother pushed my mom on the floor. Her head is ble ding on the floor.
DISPAI
461
huh. DISPATCl
JER:Okay. 171JLMORE:
DISPATCHER:
brother took my mom on the floor her head is ble ding. For:
t you the number I'm calling you from? 81350 09 1. DISPATCHER: Okay. And
why are they bleeding? Did they fall?FULMORE Ile threw heron
floor. M%
brother threw heron the floor.DISPATCHER: Oka%.
Brother threw
uhh_-
DISPATCHER: You said she'
s
bleeding on her head. You' re saying she doesn' t need..,FULMORE: Oh me God.
an ambulance? FULMORF:
Is he
Rescue what is the address of your emergency? FIJLMORHi 1250 Skipper Road
9- 1- 1 CALL Page 3 of 5
HCSO CASE NO. 19- 211277
He picked__ he there was the, - he tried to hit the car, he picked her up and
slammed her on the floor and her head won' t stop bleeding, She laid on the floor
for a little bit like and closed her eves.
Yes,
No. lie just ] ell. 1 don' t know. I think he fell the apartment compleN.
No. I just know her heads bleeding but I didn' t look at it or touch it.
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GENERAL OFFENSE HARDCOPY
9- 1- 1 CALL Page 4 of 5
HCSO CASE NO. 19- 211277
HCFR:
Okay. Is she completely Men"
Yeah_
IiCFR: Okay_ All right. Well we do have the paramedics dispatched, Okay. Just for the
meantime don let her have an) thing to cat or drink. It might make her sick or
cause further problems-
Okay.
IiCFR:
Okay, Just have her rest comfortably and wait for help to gel there.
Okay.
HCFR:
All right. But if anything does change or does gel worse before we get there give us
a call back immediately I'or further instructions,
Okay.
Okay
On fool
DISPATCHER: Left on Into? What does he look like? Is he white, black, I lispanic. Asian?
I- Ics,,, he' s black and he has black hair tic' s wearing all red umpsuit.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 195 of 372
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GENERAL OFFENSE HARDCOPY
we
walked
out of the apartment complex. ( inaudible) Okay. What' s Your name? FULMORE: Chastiy Fululore,
DISPATCHER:
A-
I ve got your phone number. We' Ye got deputies on the way. Thee should be pulling up
soon. Okay. Give us a call back if you sec your brother or anything changes okay. EMS
is on the way as well. FULMORE: Okay, Okay_ DISPATCHER:
right.')hank
April 3,2019
19- 211277 27
lacy shcrilY
DISPATCHER: Ile),this
DISPXrCI1ER: I may
make sure I get the right one, Looks like we had like three calls go for that one. Okay. Let
s see. Okay. And this is for the assault is that tight' DISPATCHE R_ Uh- huh.
sure it' s not the duplicate okay. All right. Su tee have engine 40 I'm sorry engi e 5
and rescue 40. DISPAICI ER: Uh-huh.
somebody was cleared early on.So at first it was engine 5 rescue 40 and then engine 40
and engine 40 cleared it,
engine 5 went on scene. Okay- So yeah it was engine 5
and rescue 40. And then we also had squad 14 let' s see, squad 14 responded as well
and actually] think I had that lack earlier. 1 want to say squad 14 responded at the
request of the engine for man power. I would' ve noted it though. Let me double
check. Ptah. So live got on scene requested for rescue, okay yeah. So we ended
up dropping two engines on it cause we were unsure if there was more than one patient
at the lime.So yeah so it was engine 5, rescue 40 and engine 40 and then squad
14 was requested later. DISPATCIl17R_ Okay. And
I'
m store. And then that run number is going to be 26551. For: 205814 Printed
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GENERAL OFFENSE HARDCOPY
TRANSCRIBED CALL
DISPATCHER', Cl132,
ALPIIA 48: Hey what' s going on. This is Alpha 48. 1 don' t think 1 have 17MS- s line number or
which engine it was that arri%cd on scene for this 38 that occurred in Alpha 3
earlier I can give you the case number. I don' t know...
DISPATCl IER: You need the run number and the engine number?
END OF CALL
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GENERAL OFFENSE HARDCOPY
3ALPHA42: 10- 4_ ,
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DISPATCHER:
Alpha A to Alpha 3 zone any unit that can be 51 no unit' s showing close per GPS to
671 at Skipper Road its going to be to
CP is crying saying someone is bleeding any... any
unit.
DISPATCHER: 10- 4. h looks like it' s going to be a 380, Subject' s saying her brother threw her on
the floor. 1944 hours.
DISPATCHER: 26 10- 39 command at 1944 hours. ( pause) Alpha 43 10- 1 to your transport.
2 ALPHA 39: 2 Alpha 39 can you show me 97. I' m 38 in the zone please.
DISPATCHER: 26 1945 hours- Be advised the subject left on loot black male,
wcaring... with the black hair %rearing all redjumpsuit.
DISPATCHER: 10- 6. 1946 hours- Razor 108 I0- 1 your 10- 20.
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1314_ Was he
DISPATCFER: 26.
1314: You can 75 bad man dortin. Good guvs are good,
UNKNOWN: 10- 4.
DISPATCI IER: 26 are you alleging to free HMS or send EMS in'?
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY-] BATTERY - AGGRAVATED
TANGO 116: Tango I... 116 eve just pushed over. Where are they at?
END OF RECORDING
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UNKNOWN: Hev is this his unmarked car over here by the scene"
UNKNOWN: 10- 4.
UNKNOWN:
Hcy can you come by here and orjust unlock the doors and Fm gonna turn of your
emergency lights,
UNKNOWN: 104.
UNKNOWN: Hey who' s down at the scene near Nebraska and Skipper?
UNKNOWN:
Hey be advised 1 was at the railroad tracks' felemundo TV is 97 it you could let the
PIO know.
UNKNOWN: Copy.
MAGRO: Copy_
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
UNKNOWN: Off -ice here wam units on the east side of the tape.
POWELL: I ley- I need one of you to break free from there and come to 25 with Ray White and
bring those documents he has for us.
MALL:
Sergeant Potccll I' m 97 at the original scene that' s been going on here- I can do
that.
POWELL: Okay, Thanks Kalin. lie has some eight ... eight and a half by eleven documents that
we need for CID.
WEG: 1- Icy someone front the SAO is 51 up in the blue Ford Focus that' s on my 56 the
one at the yellow tape.
END OF RECORDING
g/
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GENERAL OFFENSE HARDCOPY
UNKNOWN:
We going straight out Io the incident scene?
BALSE RO:
Yeah. lie coming to the convenience store on Skipper road. Sunny Food Store
right here nest to ... well you' ll see us. It' s on the north side of the road on Skipper.
UNKNOWN: Cop}
UNKNOWN: Is Skipper blocked off a1 all? Should we come in from Nebraska or from Bearss?
BALSEIRO- Bearss.
UNKNOWN_ 10- 1.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 206 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED
TRANSCRIBED TRANSMISSION
phone ringing)
I IC17R: I fillsborough County Fire Rescue recorded line how may I help you?
IiCFR: Okav,
DISPATCI IER: Okay. Do you guys have an ETA for Skipper Road?
IiCFR: Let me see. It looks like they' re about to pull into the neighborhood engine 5.
IiCFR: is the scene secure for hold on 1 just wanna make sure it' s Sheldon... Sheldon and
I- mcbaugh?
IiCFR: Bye
END OF CALL
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 207 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
UNKNOWN: I ley are they working of of a special channel or anything so we can coordinate
croNed control?
BALSEIRO: No. We' re just gonna go over there and stage for now and monitor it Gary are you
still there?
ELSER: Yeah. We re still here. We' rejust checking and circling real quick and we' ll be
heading back,
BALSEIRO: Yeah. They want us to stage in that gas station right outside of
ELSER: Copy.
BALSEIRO_
And if you could reach out to Pablo or any of those other guys if they' re still
dressed have ' em be 51. I know they went home earl\- to try to bum some time lot
imnorrow but just ask' cm d they can turn around and conte back If they' re not
already home and undressed.
UNKNOWN: I lep saage I' m posting up at the U- Storage cause there' s a gas station they want us
at and then within the crime scene tape
For: 205814 Printed On: Mai•-01- 2019 ( Wed.) Page 208 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
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For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 210 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
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quit
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For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 211 oF372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Please find the attached statement from my client, Deputy Daniel Estanislau, regarding the March
26, 2019 shooting of a domestic violence suspect. In addition to the summary of events from the
perspective of Deputy Estanislou, I also wanted to provide your once additional information that
supports our position that this shooting was justified.
The cell phone the suspect held certainly could appear to be a firearm under the circumstances in
this case. It was being held in a manner consistent with a firearm. It was in an area where
individuals carry firearms. It was of a color consistent with a ftreamt. It was partially concealed.
The fact that Deputy Estanislau immediately verbalized commands to " drop the gun" shows he
believed the suspect had a gun. The fact that his disposition went from trying to calm the suspect
to suddenly becoming alarmed and drawing his gun shows he truly feared what he was faced with.
Significantly, Deputy Estanislau described the cell phone dropped by the suspect as having a
stand" on the back of the phone and that stand was in the " open" position. It is unusual for a
person to carry a cell phone with the stand in an open position. Stands are meant to prop up a cell
phone on a table or other surface. No one normally carries a cell phone in their waistband or in
their hand with the stand extended.
While a cell phone without a stand attached, or without a stand open, can still be perceived as a
gun', the stand being open in this case changes the entire profile of a normal cell phone. It further
reinforces Deputy Estanislau' s belief that the suspect was holding a firearm.
In February this year, FDI. B and pro rcutors denied Caws Police Officer ) rr vvies Baez for shooting a mark
running towards his vehicle carrying a all phone. The officer fired m the noun su times through his vehicle window
beausa the officer saw " a black object in hu hand" thm the man was " aboutto lift it up ...and that' s when I beli ve I
ws going to be shot st." And it is not just law enforcement mistaking ell phones for firamu. Sm hues://
www. foa2lnews. wMnewa/laal/nolimt llcd-afler- al 1rhonomiskakcn- foreunr1464604306( 1everd cagrn
reported a supicous man with a am an his hip; it was a large black cell phow)- For:
1 understand that your agency has certain duties to not release information during an investigation.
And I understand that the media only can report what information it receives in writing a story.
But the public report that " no weapon was found" in this case unfortunately 1 believe has created
the impression that nothing was found to explain why the deputy thought the suspect had a gan.
We know the cell phone was on the suspect and that the deputy did not fire his weapon for no
reason. I would anticipate your investigation will confirm this important evidence.
The lighting conditions for Deputy Estanislau to assess this threat were less than ideal. This call
for service reportedly came around 7: 45 p. m. and Deputy Estnislau arrived on scene thereafter. 1
have attached to this email the U. S. Naval Observatory Sun and Moon Data for Tampa on March
26, 2019. Sunset occurred that day at 7: 44 p. m., before Deputy Estanislau had contact with the
suspect. Civil twilight ended at 8: 08 p. m. Thus, the contact between Deputy Estanislau and the
suspect occurred as dusk was phasing to darkness.
The complaint againsi the suspect was for violence against his own family, including apparently
striking his own mother. Whether the call alleged a weapon was involved or not does not eliminate
the potential threat that the suspect could be armed. A traffic stop for a simple taillight infraction
has no indication anyone is armed, yet officers still approach that vehicle with an eye towards
assessing that threat, often with one hand on or near their service weapon. Deputy Fsanislau knew
he was going to be involved with a person accused of violence against his own family, and that
backdrop to this call matters in assessing the split second decisions he had to make.
Deputy Estanislau has exhibited a history of restraint in using deadly force despite c mumstanccs
that could have warranted it.
In Deputy Eslanislau' s performance evaluation review in his personnel file, it was noted that:
As reflected in his August 8, 2017, diary entry, Deputy FAmnisbU demonstrated poise
and restraint while responding to a call for service involving a suspect that was
allegedly armed with two hand guns ( 17- 567330). Deputy Estanislau and Deputy
Crace responded and were able to come In contact with the suspect, detained him
without using force and determine the handguns were in fact BB guns. Deputy
Estanislau responded decisively in a critical situation and avoided making an
impulsive decision.
In October of 2018. Deputy Estanislau again exhibited significant restraint in responding to a call
at approximately 9: 52 p. m. of a female with a gun in her hand slating she was " going to shoot
someone." ( HCSO Report 2018- 714004). Upon arrival, bystanders further advised Deputy
Estanislau the female with the gun " was waving it around."
Deputy Estanislau located the female and observed a " black in color firearm" on her waist. Deputy
Estanislau drew his weapon and advised the female to place her hands on her head, but the female
refused. The female then repeatedly placed her hands back on her waist ( which held the gun) and
into her pockets. It is not hard to envision these circumstances leading some law enforcement
officers to use deadly force when her hands went back towards the area holding the gun. A male
citizen recognized the threat Deputy Estanislau was faced with by the female' s conduct, telling the
female to listen to Deputy Esmoislau' s commands or she was " going to lose her life."
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 213 of372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Despite these dangerous circumstances, Deputy Estanislau showed great restraint and did not fire
his weapon. The firearm turned out to be a BB gun. The male that witnessed the handling of this
incident stated to Deputy Rivera assisting with this call, " You guys handled that very well and I
glad you guys got here quick."
Two months later, in December 2018, Deputy Estanislau was dispatched to a domestic violence
call where a male was beating a female and had a knife in his hand ( HCSO Report 2018- 885302).
Upon arrival, witnesses pointed out the suspect and advised he had a knife in his pocket. Deputy
Estanislau drew his weapon and advised the suspect in both Spanish and English to place his hands
on a vehicle. The suspect refused, and instead started to advance on Deputy Estanislau. An
individual accused of violence with a knife on his person that charges a deputy — despite being at
gun point — is a scenario where law enforcement officers may resort to deadly force. It takes just
a second to grab a knife to attempt to stab an officer.
Again, Deputy Estanislau avoided using deadly force. Instead, he hand -checked the suspect that
insanely chose to advance within arm' s reach of Deputy Estanislau while Deputy Estanislau had a
gun pointed at him. Upon pushing the suspect down, two knives appmximately seven inches long
fell from the suspect. A witness noted he had one knife in his waistband, and one in his pocket.
This is not a deputy that has a history of being " quick on the trigger' or impulsive. Deputy
Estanislau' s history of facing threats is one of restraint. In the case currently under investigation,
Deputy Estanislau showed that same restraint. He first tried to handle the matter by calming the
suspect. He did not come out of his vehicle aggressively. He tried to simply talk to the suspect
and reason with him in a non - threatening manner. When Deputy Estanislau perceived what he
believed to be a firearm being held by the suspect, he again exercised restraint. He did not fire
immediately. He gave repeated verbal commands.
Had the suspect simply followed the commands given in this case, the outcome would have been
different. All ofthis could have been avoided if the suspect dropped what he was holding ormoved
his hands away from the object.
If a person is carrying a cell phone and a low enforcement officer draws a weapon and verbalizes
they believe the person has a firearm, a reasonable, rational response — at a minimum — is for the
person to move their hand away from the tell phone or drop it. It is also not unreasonable to expect
that the person would also communicate to the alarmed officer, " It' s just a cell phone, it' s not a
gun," or words to that affect. What is not rational is to ignore the officer' s commands, maintain a
position of holding the object that is a threat to the officer and then make movements with the
object that place the officer in fear of being shot.
This is a very sad incident for everyone involved. However, it is a result that the suspect could
have avoided by simply complying with Deputy E_stanislau' s instructions. Thank you for taking
the time to review this. If you have any questions, please let me know.
Sincerely,
Al Stephen L. Romine
Stephen L. Romine
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 214 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
On March 26, 2019, 1 responded to the domestic violence call. As I approached the
call address on Skipper Road, a middle- aged black male -wearing glasses on a phone
flagged me down and pointed to the direction of the suspect, stating " that' s him." I
turned my marked vehicle around to make contact with the suspect
The suspect was on foot walking away from the call address. 1 pulled up towards
the suspect in my vehicle, parked, and exited the vehicle. I asked the suspect if I
could talk to him for a second. He indicated he did not want to talk. During my
initial observations of him, he was sidestepping, glancing back and forth, and would
blade towards me with his left shoulder.
1 began to walk towards him, walking past my front bumper, advising that 1 just
wanted to get his statement about what happened, try to clear this up, words to that
affect. He appeared very agitated and was acting in a way that I thought he may be
getting ready to run. 1 was trying to calm him down, both in my tone and in my body
language.
As I walked towards him, he turned to face me. That is the first time 1 noticed he
was holding a black object in his waistband with his right hand. It appeared to me
to be a gun. Based on my training and experience, it was in an area consistent where
guns are carried and the manner in which the suspect was holding the object was
consistent with holding a gun. In the split second of seeing this and believing it to
be a gun, I drew my weapon.
I recall shouting " drop the gun" repeatedly. 1 may have also told him to show me
his hands or place his hands up, but under the stress and speed of this incident I am
not completely sure of my exact words. The suspect did not comply with arty of my
commands. Instead he kept blading towards me, still appearing agitated, looking all
around, and not dropping or moving his hand away from what 1 believed to be the
gun. While his left shoulder was bladed towards me, he then made a movement that
appeared to be positioning the gun towards me with his right hand — inconsistent
with dropping the gun or moving his hand away from the gun. 1 thought I was about
to be shot and feared for my life. That is when 1 immediately fired two shots.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 215 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
The suspect fell backwards. The object he was holding came out of his hand and
landed on the ground. That was the first time I saw that it was a black cell phone
with a stand attached to the back. The stand was in the open position. At no time
prior to firing my weapon did I know or believe the object was a cell phone. 1 recall
advising dispatch shots were fired, hold station, and have EMS stage.
As soon as he fell, I tan to him. As 1 patted him down, 1 asked where he was shot.
He indicated his back, which surprised me. I knew I did not shoot him from behind.
1 turned him over on his stomach and saw one bullet wound near his left shoulder
blade area, which was consistent with the bladed position he had been in. 1 did not
see an exit wound.
I put on my gloves and began to apply pressure to the wound. The suspect began
trying to get up. 1 kept telling him to stay down while I maintained pressure to the
wound. Upon Deputy Perez arriving, Quick Clot was applied to the wound. Other
deputies then took over the scene.
At no time after 1 made clear that 1 believed he had a gun did the suspect say
anything. He never dispossessed what he was holding and never put his hands up in
the air or out to the side to show he had no intention of being a threat to me or others.
Had he simply complied with my commands, dropped the object or placed his hands
away from the object, this incident would have never happened. I tried to diffuse
the situation from the outset and did not initiate this contact with my weapon drawn
or with any intent or desire to shoot anyone.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 216 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED
Sun
Sunrise 7: 27 a. m.
Sun transit 1: 36 p. m.
Sunset
7: 44 p. m.
Moon
Moonrise 12: 45 a. m.
Moon transit 6: 13 a. m.
Moonset 11: 40 a. m.
Closest Primary Moon Phase: cast Quarter on March 28, 2019 at 12: 10 a. m. ( local daylight time)
Phase of the Moon on March 26, 2019: Waning Gibbous with 65% of the Moons visible disk illuminated.
Qaloon image not available.
Back to form
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 217 of372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
FE)"LE
Flonda Depanment of Law Enforcement
CASE TRACKING FORM
1 mpo Bey Regional Operations Center
4211 North Loh Ateme
ORI FIA290000
Case References: No
OFFENSE INFORMATION
Co.. .
Cue Cammanu: Use at forte. Depoy shot the v cfim. Pleue check fuoecloounry or she Brearm am roWar, e0 easl. p and
pralrctller to the firearm.
Tho. 9 Carlson
J. Flono
Crime: Laboratory Technician
Page I of I
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 218 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Related Event( s)
CP HS2019- 211277
GO HS2019- 211100
Related Person( s)
Particulars
Linkage factors
Particulars
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 219 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Disability: No
Build: Medium Complexion: Medium Brown
Eye color: Brown
Hair color: Black
Hair style: Braided, Medium ( Shoulder Length)
Linkage factors
Date of birth:
Florida
Particulars
Occupation: LEO
Employer: HCSO
Additional remarks: HCSO DEPUTY
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 220 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED
Date of birth:
Phone numbers
Business: -
Linkage factors
Date of birth:
Address: 20088TH AV E
Date of birth:
Address: 2008 8TH AV E
Place: SOC
Linkage factors
Particulars
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 221 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Particulars
Occupation: DEPUTY
Employer: HCSO ABN 253967
Linkage factors
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 222 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY-] BATTERY - AGGRAVATED
Date of birth:
Address:
Municipality:
District: T2 Beat: TC2 Grid: TA0222
Phone Numbers
Cellular: ( 813) 474- 8299
Particulars
Occupation: MECHANIC
Employer: TOYOTA OF TAMPA BAY
Linkage factors
Particulars
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 223 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Phone numbers
Cellular: ( 813) 233- 6730
Linkage factors
Particulars
Linkage factors
Particulars
Occupation: DEPUTY
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 224 of372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BAT ERY- 1 BATTERY - AGGRAVATED Employer: HCSO # 246604 14102
22-
29
MALE Race:WHITE
Date of
birth: Apr-
10-1992 Address:
N
33617
Grid: HS3908 Phone Numbers Home: ( 813)
838-6540
Particulars
New
Origin Language( s)
spoken: English
Height: 5' 10 Weight:
150lbs. Disabil ty: No Build: Thin
Complexion: Light
Handed: Right Handed Eye
color: Blue Lens
type: None Hair color: Brown Hair
style: Straight, Short
Additional remarks: MET W/
Race: WHITE
Date of birth:
Municipality:
District: DO Beat: TT Grid: HS3908
Phone numbers
Home: (
Linkage factors
Date of birth:
Address:
Municipality:
Particulars
Date of birth:
Address:
Municipality:
Linkage factors
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 226 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Linkage factors
Particulars
Disability: No
Build: Medium Complexion: Light
Eye color: Brown
Hair color: Brown
Hair style: Ponytail
Additional remarks: REGIONAL MANAGER FOR
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 227 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Linkage factors
Particulars
Occupation: MANAGER
Employer: US STORAGE CENTERS 1108 SKIPPER RD TAMPA FI,
Disability: No
Build: Large Complexion: Fair
Hair color: Brown
Hair style: Straight, Short
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 228 of372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Linkage factors
16. Subject # 3 -
Particulars
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ILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 230 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Particulars
Linkage factors
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 231 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPV
Particulars
Ethnicity: Hispanic
Language( s) spoken: English
Height: 5' 07 Weight: 135 lbs.
Disability: No
Build: Thin Complexion: Medium
Handed: Unknown
Eye color: Brown
Hair color: Brown
Hair style: Medium ( Shoulder Length)
Facial hair style: None
Ethnicity: Hispanic
Address: 1233 FOUR SEASONS BL
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 232 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Linkage factors
Linkage factors
Particulars
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 233 of372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Disability: No
Build: Medium Complexion: Fair
Handed: Right Handed
Eye color: Green
Hair color: Brown
Hair style: Straight, Short
Facial hair color: Brown
Facial hair style: Goatee, Mustache
Additional remarks: INTERVIEWED REFERENCE A UDF
Linkage factors
Particulars
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 234 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
Disability: No
Build: Medium Complexion: Fair
Handed: Unknown
Eye color: Brown Lens type: Glasses
Hair color: Brown
Hair style: Medium ( Shoulder Length)
Facial hair style: None
Linkage factors
Particulars
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 235 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Disability: No
Build: Medium Complexion: Medium
Handed: Right Handed
Eye color: Blue Lens type: None
Hair color: Brown
Hair style: Short
Facial hair style: None
Additional remarks: REPORTING EX -EMPLOYEE IS SELLING EQUIP FROM BUSN ON OFFER -UP
Linkage factors
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 236 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
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HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 21 27 ACTIVE/ OPEN BATTERVA BATTERY - AGGRAVATED Municipality: TAMPA ,Florida
33612
TC4 Grid: TA0012 Phone Numbers Business: (
813)272-
3020
Employer:
MONROE
S.
States of Marital status: Single
Ethnicity: Not of
Medium Complexion:
Dark Handed: Unknown Eye
color: Hazel
Hair color: Black
Hair style: Afro
Master Name Index
NICOLE
BLACWAFRICAN AMERICAN
Date of birth:
Jul- 23- 2002
33612
A03 Grid: HS3322 Phone numbers Business: (
813)272-
3020
Home: (
6524
status :Resident
1. Premise # 1 - RENTALEX
Address: 1022 SKIPPER RD
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 239 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Particulars
Security: No
Contact Name Affiliation Phone Numbers
Contact # 1: ANTHONY FARMER COUNTER PERSON ( 813) 447- 8165
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 240 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPV
On March 26, 2019 at 1949 hours, I responded to Skipper Rd. just west of
Four Season BL, in front of 1028 Skipper Rd, after I heard Deputy
Estanislau # 253881 voice " shots fired" over the District One Main Radio
Channel. It was daylight at the time of my response, and the weather was
clear.
Deputy O' Brien # 256560, rendering aid to a black male wearing a red shirt
who was laying on the north sidewalk. The male was laying on his stomach,
with his head pointing west, and his feet pointing east. There appeared to
be blood running from the subject' s back along his right side. I observed a
black cell phone on the ground approximately two feet west of the subject' s
head. The cell phone appeared to be in a black case with a black stand
coming out of the back of the case. Deputy Richardson # 246604 approached
the subject with a medical bag, to continue rendering aid.
remained in contact with Deputy Estanislau until supervisors met with him.
I remained at Nebraska Av. and Skipper Rd. until I was released from the
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 241 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Annette Gaddy stated the following under oath; she was stopped in her
vehicle facing west on Skipper Road in the westbound lane. She observed a
observed the suspect walking west on the westbound side of Skipper Road, on
the sidewalk. She observed the Deputy exit his vehicle and approach the
suspect. The suspect turned to look at the Deputy and then began to run
away from the Deputy. The Deputy then drew his firearm and fired multiple
times at the suspect. She heard " pop pop pop." She did not see anything in
the suspect' s hands. She was approximately two car lengths behind the
Deputy' s vehicle.
She never exited her vehicle during the incident.
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HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY - I BATTERY -AGGRAVATED
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 243 of372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Upon arrival, I was tasked with maintaining the integrity of the scene of
the shooting and standing by with a witness of the shooting, Jose De La
Cruz, until he could be interviewed by Detectives. I did not conduct any
interviews and did not enter the crime scene.
I was relieved of my duties
at approximately 2148 hours.
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HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 245 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Upon my arrival, Deputy Estanislau ABN 253881 voiced over the main radio he
made contact with the suspect who had left the scene on foot prior to us
arriving. Deputy Estanislau then voiced over the main radio " shots fired"
and then updated his location to be on Skipper Road just west of the
I remained at the scene and secured the shell casing' s found and the
subject' s clothing/ items for evidence, until Lt. Lewis ABN 3464 advised I
was able to leave.
Contact Message ( see 19- 211315) at his listed address in RMS, which was 781
Duque Road Lutz, FL 33549. I advised Krueger there was an ongoing
investigation in front of his business and asked if he was willing to go to
his business for detectives to review video surveillance. Krueger agreed to
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HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
was laying on the ground at the listed address on the north side of the
road. had a gun shot wound to his left shoulder that was actively
bleeding. I helped apply pressure to the wound until EMS arrived on scene.
I did not collect any evidence or conduct any interviews in regards to this
investigation.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 247 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
I assisted with the investigation by putting up crime scene tape around the
and maintained a crime scene log until the scene was released by detectives
MRE Attachments:
None
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 248 of 372
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the only video surveillance camera that faced Skipper Rd. and provided a
view of the sidewalk and roadway. I confirmed the video feed time stamp on
the video surveillance camera was correct. I also observed that the video
surveillance did not capture the actual incident, as it occurred outside of
the camera frame.
MRE Attachments:
None
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 249 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
I immediately moved Deputy Estanislau further away from the injured subject
and remained with him throughout the evening as his immediate supervisor.
At one point, I transported Deputy Estanislau to the District I Office and
stood by until CID Detectives summoned us back to the scene. I stayed with
Deputy Estanislau the entire time until the investigation was completed.
After the investigation was completed, I transported Deputy Estanislau to
his residence.
MRE Attachments
NONE
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HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
Deputy Watts ABN# 224767 who advised he located a single witness to the
incident. Deputy Watts briefly interviewed the witness, Annette Gaddy,
refer to his supplement. A few other bystanders were standing on the
sidewalk, west of the scene but were not involved and were not witnesses.
The bystanders left when the perimeter was secured with crime scene tape.
I maintained the crime scene log on the west side of the crime scene until
completion.
All entities were run through FCIC/ NCIC for wants and warrants. None were
located.
MRE Attachments:
None
For: 205814 Printed On: Map- 01- 2019 ( Wed.) Page 251 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
MRE Attachments:
NONE
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 252 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED
Below are the listed names of personnel who entered the crime scene from the
east end of Skipper Rd:
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MRE attachments:
None
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 255 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Upon my arrival, I was tasked with going to the original incident location
46- 1250 Skipper Rd) to secure this location. While on scene, we put up the
yellow crime scene tape around the incident scene.
I did not interview any
of the family members there were at the incident scene. we stood by at the
original incident scene to make sure nothing was tampered with. At
approximately 2240 hours, we were cleared from the original incident scene.
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED
I request the Evidence Control Section to provide the applying personnel with
the following evidence .
The form is to be completed by the requesting employee
and sent in VMAIL to the Evidence Request handle ( HEVIDR), if approval is
required by a supervisor send the VMAIL to them first. Once approved, the
Transfer to DEA
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HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
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HILLSBOROUGH COUNTY SHERIFF
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED
I request the Evidence Control Section to provide the applying personnel with
the following evidence . The form is to be completed by the requesting employee
and sent in VMAIL to the Evidence Request handle ( HEVIDR), if approval is
required by a supervisor send the VMAIL to them first. Once approved, the
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 259 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
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HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
CSI Hall
Complete the below template and send the VMAIL to Crime Scene handle ( HSCENE).
They will process your evidence and complete a Follow Up with the results.]
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 261 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
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HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
I request the Evidence Control Section to provide the applying personnel with
the following evidence . The form is to be completed by the requesting employee
and sent in VMAIL to the Evidence Request handle ( HEVIDR), if approval is
required by a supervisor send the VMAIL to them first. Once approved, the
Required
Transfer to DEA
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 263 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 264 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follow Up Report # HS 1
Follow Up Report # HS 1
Assignment Information
Capacity: HCSO Crime Lab Org unit: Crime Scene Section CICSO
Assigned on: Mar-27- 2019 ( Wed.) 230 by: 257973 - Hermann, Michelle
Report due on: Apr- 11- 2019 ( Thu.) Submission
Information Submitted
INFORMATION Original
On
Tuesday, March 26th, 2019, at ap roximately 2023 hours, I was dispatched to the above listed address. Upon arrival,
at ap roximately 2103 hours, I met with Detective M. Garcia ( ABN: 51 19) who gave a brief statement of what
occurred and the circumstances. I was requested to photograph the scene and collect evidence. It should be noted
the street lights above the incident scene were not on. PHOTOGRAPHS (
Digital) No.
Description I
Phot placard containing case information ( case number should be 19- 21 1277 not 19- 211 100) For: 205814 Printed
Follun Up Report # HS I
On Wednesday, March 27th, 2019, the following photographs were taken at the Crime Scene Section:
No. Description
I Photo placard containing case information
2 Front of red sweatshirt
3 Tag on sweatshirt ( Huge, size Extra Large)
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 266 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follo% Up Report N HS I
EVIDENCE
The following evidentiary items were collected at 1016 Skipper Road and can be located under Property Report
4HS 736559:
Item Description
I One 9mm fired cartridge case from ground, labeled as Marker 2
2 One 9mm fired cartridge case from ground, labeled as Marker 3
3 Pair of red sweatpants from ground, labeled as Marker 4
4 Plastic bag on ground, labeled as Marker 5
6 Green leafy substance from plastic bag
7 Control swab
8 Swab of red substance from sidewalk, labeled as Marker 6
9 Red sweatshirt from ground, labeled as Marker 7
10 Red beanie hat from ground, labeled as Marker 8
11 " Samsung" cellphone and black case from ground, labeled as Marker 9
LATENTS
On Wednesday, March 27th, 2019, the following item was processed for latent areas. The item was first
processed with cyanoacrylate fuming and examined with the Full Spectrum Imaging System ( FSIS). The results
are as follows:
Item Pies Description
1 0 Plastic bag
The following item was then processed for latent areas utilizing magnetic powder. The results are as follows:
Item Lifts Description
1 0 Plastic bag
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 267 of372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follow Up Report M HS I
The following item was then processed for latent areas with " MSTAR" dyestain and then examined with an
alternate light source. The results are as follows:
Item Pies Description
1 0 Plastic bag
For: 205814 Printed On: May- 01- 2019 (' sVed.) Page 268 of 372
ILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
Up Report # HS 2 As ignment
Information Assigned
to:
257563 - Anderson - Cobb, Angela Rank: Technician Capacity:
HCSO Crime Lab Org unit: Crime Scene Section CICSO Assigned
on: Mar- 27-2019 ( Wed.) 246 by: 257563 - Anderson - Cobb, Angela Report
due on:Apr- 21-2019 ( Sun.) Submission
Information Submitted
on:
Apr- 18-2019 ( Thu.) 1914 Checked
by:3721 - Dirks, Thomas Approved
Apr- 18-2019 ( Thu.) by:
on: 3721 - Dirks, Thomas Follow
Up Conclusion Follow
Up concluded: Yes Narrative
Hospital
Number Description 1-
16
Overalls of
Folio" Up Reporl # HS 2
46- 48 Magazine " B" removed from duty belt of Deputy Daniel Estanislau
49 Magazine " B" with live rounds unloaded
50- 51 Live rounds unloaded from magazine " B"
52- 54 Magazine with live rounds removed from FN FNS- 19 9mm pistol serial # GKU0126648 on
duty belt of Deputy Daniel Estanislau
55- 57 Magazine from pistol with live rounds unloaded
58- 59 Live rounds unloaded from magazine from pistol
60- 67 FN FNS- 19 9mm pistol serial # GKU0126648 on duty belt of Deputy Daniel Estanislau
68- 69 FN FNS- 19 9mm pistol serial # GKU0126648 on duty belt of Deputy Daniel Estanislau and
live round unloaded from chamber
of same
70- 71 Serial number of FN FNS- 19 9mm pistol serial # GKU0126648 on duty belt of Deputy Daniel
Estanislau
72 Case ID card
I I FN FNS- 9 pistol serial # GKU0126648 with magazine and tactical light from duty belt of
Dep. D. Estanislau
2 1 Homady 9mm luger live round from chamber of FN FNS- 9 GKU0126648
3 15 Homady 9mm luger live rounds from magazine of FN FNS- 9 pistol serial # GKU0126648
4 1 9mm FN magazine " A" on duty belt from Dep. D. Estanislau
5 17 Homady 9mm live rounds from magazine " A" on duty belt from Dep. D. Estasnislau
6 1 9mm FN magazine " B" on duty belt from Dep. D. Estanislau
7 17 Homady 9mm live rounds from magazine " B" on duty belt from Dep. D. Estanislau
INVESTIGATION
On 03/ 26/ 2019, at approximately 2012hrs, I was dispatched to the locations of Tampa General Hospital
Emergency Center. Upon arrival at approximately 2240hrs, I was met by Det. K. Rettew ABN 233650 who gave
a brief statement and requested I photograph I photographed including a defect
observed in his left back.
1 next responded to the location of the Hillsborough County Sheriffs Office District One to photograph Deputy
Daniel Estanislau and to photograph and collect all firearms and magazines with ammunition on his duty belt.
These items were entered into the property system and turned over to the Evidence Control Section.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 270 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
H HS 2 3 M. Garcia
to the location of 1250 Skipper Road I met with Det. a brief description 5119 who gave by obtaining measurements
of events, and assisted CS1 Michelle Heenan ABN 25797 preparation of a ABN for For:205814 Printed
scene diagram. All photographs were
Follow Up Report
Follow Up Report # HS 3
Follow Up Report # HS 3
Assignment Information
Submission Information
Christopher Schmid stated he and his family were located inside their residence, when the involved
shooting took place. fie also stated he was located inside his bedroom during that time, which was located near
the north end of his trailer. His wife was somewhere in the kitchen, when he overheard an unknown person
outside yell two words, followed immediately by two gunshots. Identifying the noise as gunfire, Mr. Schmid
ran outside, towards the disturbance, which was determined to be just on the other side ( north) of the white PVC
fence separating the trailer park from Skipper Rd. When he approached the fence line, he could not see over
the fence without assistance and decided to jump and briefly pull himself up enough to quickly see onto Skipper
Rd. Mr. Schmid stated he observed what appeared to be an unknown black male, lying on the ground, wearing
a red shirt, red sweater, black pants and red and black shoes. Christopher Schmid lost his grip and responded
to his vehicle, where he obtained a ladder for a better view. fie then went back to the fence line, where he
positioned his ladder for a constant visualization of the unfolding events. fie observed Apparent blood squirting
from an area of the black male' s chest and a deputy appeared to be checking the person' s clothing for weapons.
After checking the unknown person' s clothing, Mr. Schmid stated the same deputy began rendering emergency
medical treatment to the black male lying on the ground. Additional deputies arrived on scene and assisted with
the provided medical treatment. A short time later, Emergency Medical Services arrived, took custody of the
unknown person and drove off with said individual. During his observations, Mr. Schmid stated he never saw
a firearm and or weapon on the ground and reiterated he never observed the actual shooting. lie concluded by
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 272 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follon Up Report # HS 3
stating he did not know what happened leading up to his observations, did not know what specifically was yelled
while he was inside his house, and did not know who was responsible for yelling the two words he overhead.
For continuous and additional details pertaining to Christopher Schmid' s statement, see his transcribed
interview.)
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 273 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follow Up Report # HS 3
Michelle McCarty stated she and her family were inside their trailer when the shooting took place.
She continued by stating at approximately 1845 hours, she was standing inside her kitchen when she heard
someone outside yell two unknown words, followed by two gunshots. Mrs. McCarty stated her husband ran
outside first, while she situated her children in a safe place. While her older child watched the younger two, Mrs.
McCarty responded outside to find her husband standing on a ladder, looking over the white perimeter fence.
When she responded to that location, she looked over the fence and observed an individual being loaded onto an
ambulance. Once the ambulance departed from the scene, Mrs. McCarty responded back inside her residence, in
order to take care of her three children. Mrs. McCarty concluded by stating she never witnessed the shooting, did
not know specifically what was said prior to that and did not know what happened leading up to shooting itself.
For continuous and additional details pertaining to Michelle McCarty' s statement, see her transcribed interview.)
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 274 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPV
Follow Up Report 0 HS 3
This is my Ist supplemental follow- up in reference to this investigation and 1 was assigned to this
case as an assisting detective. On 03/ 26/ 2019, at approximately 2200 hours, Major F. Losat # 3664 contacted
me at my residence and informed me of an ongoing Use of Deadly Force Investigation, involving Deputy D.
Estanislau # 253881. The Major asked me to respond to the incident scene, which I later learned was the area of
Skipper Rd., just east of Nebraska Ave. At approximately 2225 hours, I departed from my residence, arriving
on scene at approximately 2300 hours. During that time, I noted a portion of Skipper Rd. was cordoned off with
yellow crime scene tape, with Patrol Deputies securing the roadway of Skipper Rd., between Nebraska Ave. and
Bearss Ave.
Upon my approach, I first met with Lieutenant P. Hollis # 5603, who provided me with the following statement of
the investigated shooting:
Lieutenant Hollis stated the Hillsborough County Sheriffs Office received a 911 call, referencing a Domestic
Violence call for service. The call came into HCSO Dispatch at approximately 1942 hours, with two deputies
dispatched to the residence of As the deputies responded to
the area, Deputy Estanislau observed a black male subject walking westbound on Skipper Rd., which matched
the general description of the suspect involved in the reported domestic altercation. As Deputy Estanislau
approached the individual, some sort of interaction occurred between the two parties, with Deputy Estanislau
discharging two rounds from his agency issued service weapon. One of the rounds supposedly struck the
individual, causing the subject to fall to the ground. Additional deputies arrived on scene, where they rendered
aid to the injured parry. EMS also arrived on scene, transporting the injured individual to Tampa General
Hospital. The injured person was identified as
The Lieutenant concluded by stating two parties, who lived within a trailer park just south of the incident
scene, may have witnessed the incident, with the Lieutenant asking me to interview both individuals. He later
provided me with their address of 1231 Four Seasons Blvd. Lot # 16 Tampa, FI. 33613.
At approximately 2323 hours, 1 responded to the aforementioned address and came into contact with the two
individuals Lieutenant Hollis was speaking of. Both individuals introduced themselves, by providing me with the
following identifying information:
Once they introduced themselves, I conducted audio recorded interviews of both people and concluded said
process at approximately 2354 hours. I then responded back to the incident scene and noted a white PVC type of
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 275 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Folio. Up Report # HS 3
fence, separating the residence of Christopher Schmid from the scene where the use of deadly force took place.
I also updated Lieutenant Hollis of the information provided by the two witnesses and remained on scene until
03/ 27/ 2019 at 0028 hours. At that time, Major Losat asked me to respond to the District I Office, located at
14201 N. 20th St. Tampa, FI. 33613. Upon arrival, myself and various Homicide Detectives involved in this
investigation, met in the conference room of the district and received a debriefing of this investigation up to that
point.
At approximately 0340 hours, Major Losat concluded the meeting and I departed the District I Office.
On 03/ 27/ 2019, at approximately 1030 hours, 1 was departing my residence, when Sergeant C. Cave # 155902
contacted me on the phone. The sergeant requested I respond to the Tampa General Hospital, in order to obtain
an updated medical status of injuries. When 1 arrived at approximately 1 130 hours, I responded
to the Emergency Room of TGH, where I was redirected to assigned room, documented as
Pediatric ICU # C508. As I met with the nursing staff of the Pediatric ICU, I was informed the overseeing nurse
of was Danielle Gullo, RN. I then met with Nurse Gullo, who informed me
was awake, not on any pain medication, and was able to provide law enforcement with a statement if need
be. I also asked her to list all the injuries sustained to person, with her providing me with the
following:
sustained an apparent gunshot wound to the upper right portion of his back, and or
shoulder.
He only sustained one gunshot wound, which entered into the upper back but did not exit the body.
Apparent fragmentation was still located within the body of and no future surgeries were
scheduled for the removal of said fragmentation.
Nurse Gullo was unsure if a solid projectile was still inside the person of or if it
fragmented upon its entry into his body.
lie sustained a collapsed right lung
He had a chest tube set in place on the right side of his torso
was experiencing paralysis from the nipple line down, due to the projectile impacting the
T6 vertebrate of his spine.
It appeared to Nurse Gullo the paralysis was complete and not temporary.
The 8th rib, located on the right side of his body was fractured.
was expected to survive his injuries
For this entire week, during the daytime hours, Dr. Bhandare would be the overseeing physician assigned to
After speaking to Nurse Gullo, I was directed to the room of noting he was located in a hospital
bed, with his mother sitting by his side. l introduced myself to the and provided her
with my contact information. I also informed her 1 was checking on the condition of her son and asked her to
contact the if she had any additional questions in reference to this investigation. I contacted Sergeant Cave and
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 276 of 372
ILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
CON HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED
Follow Up Report H HS 3
updated him with the medical condition of 1 then departed from the hospital, responding to
the CID office.
At approximately 1330 hours, Sergeant Cave asked me to respond back out to TGH and meet with Corporal
G. Thomas # 5165. Upon arrival, I was to meet up with the corporal and attempt an audio recorded interview
of When I arrived at approximately 1405 hours, Corporal Thomas and I responded to the
hospital room of and noted his mother was no longer present inside the room. At that point,
Corporal Thomas contacted the mother on the phone, asking her permission to speak with her son, while she was
not present. granted his request and stated she went home to change clothes, stating it was ok
for us to speak with him, even though she was not there for the interview.
The corporal and I entered the hospital room, introducing ourselves to We asked him if
we could speak with him, referencing the shooting incident, and he immediately shook his head no.
then turned to his side, closed his eyes, and refused to acknowledge our presence within the room.
As it was clear, did not want to speak with us, therefore we did not attempt an interview
with him. At approximately 1435 hours, Corporal Thomas and I departed from the Pediatric ICU, coming into
contact with the father of As we met with him, the Corporal spoke to
the father, infonming him of our wishes to speak with his son. at that point stated his son was being
represented by Attorney Norman Cannella Sr. and his son would not be speaking to law enforcement at this
time. We provided the father with our contact information, updated Sergeant Cave of the failed attempt at an
interview, along with the fact was now represented by Mr. Cannella. We responded back
to the CID office, where I secured my investigation for the day. At this time, I have no further information in
reference to this investigation and I will supplement this case if further leads are obtained.
MRE Attachments:
None
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 277 of372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follow Up Report # HS a
Follow Up Report # HS 4
Assignment Information
Submission Information
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 278 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Up Report p HS 4 CASE
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Corporal Marinko Nikic # 227443 related the following on March 27, 2019, under sworn verbal oath
He stated he is the direct supervisor of Deputy Estanislau. He initially did not hear everything that was going on
over the radio. lie heard commotion on the radio, so he placed himself en route to the call. As he was driving
to the call, he heard shots were fired, and HCSO was involved. He did not know initially whom the deputy was
who shot. There were many deputies on scene once he arrived. Fire Rescue also was on scene.
Deputy Weg told him Deputy Estanislau was the deputy who shot his weapon. He observed Deputy Estanislau
standing nearby Deputy Weg, and approached him. lie asked Deputy Estanislau to give him a brief statement as
to what happened. He told Deputy Estanislau to not give him every detail, just a general statement so he could let
the chain of command know. lie described Deputy Estanislau as shook up and emotional.
Deputy Estanislau told him he was on the way to another call when the domestic call went out. When Deputy
Estanislau arrived, he encountered a person who pointed to a subject walking westbound. Deputy Estanislau
pulled his vehicle up to where the subject was walking, exited his vehicle, and addressed the subject. Deputy
Estanislau asked if he could talk to the subject, and the subject was verbally abrasive. Deputy Estanislau advist.
the subject he just wanted to obtain a quick statement from him, and then he would speak to the other parties
involved to figure out what happened. At that point, Deputy Estanislau observed a black object in the subject' s
waistband, and it appeared to Deputy Estanislau that the subject was reaching for it. Deputy Estanislau drew his
weapon, fired his weapon, and gave commands to drop the gun at least twice. Deputy Estanislau advised him the
subject made a motion as if he was pulling something out. Deputy Estanislau advised he fired two times. Deputy
Estanislau advised he gave first aid to the subject after the shooting by applying pressure to the wound.
The above is a synopsis. For complete and accurate details of the interview, refer to the audio recording /
transcription.
Corporal Marinko Nikic # 227443 related the following on March 29, 2019, under sworn verbal oath:
He did not observe anyone on scene remove any property from and he did not remove anything
from lie thought he saw a black cell phone on the ground. If he remembers correctly, lie
thought the cell phone had a stand.
The above is a synopsis. For complete and accurate details of the interview, refer to the audio recording /
transcription.
For 205814 Printed On: May- 01- 2019 ( Wed.) Page 280 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follow Up Repon # HS 4
Jose Aviles related the following on March 27, 2019, under sworn verbal oath:
He originally contacted Bay News 9 about the shooting, but eventually HCSO was contacted. He was driving
on Skipper toward Nebraska when he noticed a deputy pulling to the side of the road. The deputy parked his car
so that it was partially blocking the lane, so he stopped his car behind the deputy' s car. He drives a white Acura
Integra. He noticed a kid on the sidewalk to the right, and it appeared the cop and the kid noticed each other. He
believed the kid was getting ready to run, backed up three steps, and at the same time, the deputy pulled out his
gun. The deputy yelled for the kid to stop and show his hands, and then he heard three gunshots. He stated a red
Ford Explorer was behind him. He believes the Explorer stopped, but he did not want to stop at that time.
He described the kid as an African American male wearing all red. He may have had a hoodie on. His windows
were down at the time he observed the incident. His music was not blasting. He believed the kid was going to
run because of the way he was backing away. The kid was turning when the cop pulled out his gun and shot.
He was asked to describe the body positions of the deputy and the kid. He described the cop was looking at
the kid as he was coming around the door, but the kid was about to start running. At the same time, the cop
said show me your hands and let off three shots. There was not that much time between the warning and the
gunshots. He then stated the kid' s body was turned toward the deputy, and he was tuming to his right when
the shots were fired. He did not hear any other dialogue between the deputy and the kid. The only statement
he heard was "
Stop! Show me your hands!" He advised the deputy' s gun was already out when he made the
statement for the kid to stop and show his hands. He saw the kid' s hands, and there was not anything in them. lie
is not biased toward law enforcement. He described the kid' s hands as being at chest level ( he demonstrated it for
me as having his own hands by his nipple line). The kid was not reaching to his pockets.
He advised the deputy was standing still when he drew his weapon. The kid was getting ready to run. He stated
the kid just fell to the ground clutching his left side. The deputy approached the kid and was still saying, " Show
me
your hands!" The deputy rolled the kid to his back, and he perceived the kid as flopping on the ground as if
he was seizing. He advised the whole event was very fast. He advised as the event was occurring he was barely
moving. As the shooting occurred, he described his vehicle as being just west of the patrol vehicle. He believed
the deputy was three to five feet away from his car when this occurred. There was nobody else in his car at the
time of the shooting. He believed he saw a male on a bicycle passing the kid before he was shot.
He then stated upon initial contact the deputy and the kid were facing each other, but there was some distance
between them. As they spotted each other, the kid backed up and the cop was drawing his weapon. At this
point, he imagined the kid was already turning around. I cautioned him to not imagine, but to think about what
actually happened. He advised the kid' s eyes got wide when he saw the deputy, he was going to start running,
back pedaled three steps, and the cop drew his weapon and fired. The kid' s left side was exposed to the deputy
when the shots were fired.
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statement, he advised the deputy and the kid spot each other and are face to face initially. He states the
deputy moves closer to the kid as the kid is backing up (diferent statement from earlier).He states as the subject
is turning, the deputy is drawing his gun. He does not know if the subject' s head is facing the deputy at this
point or not. At this point, he was focusing on the deputy. He did not see the subject' s hands as the gunfire went
off, because his focus was on the deputy. The last time he saw the subject' s hands was at the subject' s chest
level,but once the deputy drew his firearm, he did not notice what the subject' s hands were doing. The above is
a synopsis. For complet and accurate details of the interview, refer to the audio recording / transcription. For:205814
Printed
Follow Up Report 4 HS 4
Deputy Kevin O' Brien # 256560 related the following on March 27, 2019, under sworn
lie was already on an unrelated call in Skipper Road. He remembered hearing Deputy Estanislau was
1025" while he was driving in the complex looking for him. He then heard Deputy Estanislau state " Shots
fired," and he kept looking for Estanislau' s vehicle. He then heard Estanislau state he was outside of the
complex. He then traveled to Deputy Estanislau. He pulled up at the same time as Deputy Perez. He observed
Estanislau rendering aid to the subject on the ground. He had to move some pedestrians back that were
beginning to come to the incident scene. He stopped a witness named Jose ( determined to be Jose Delacruz), and
moved him to the side for a later interview ( interview conducted by Detective Tabor).
He asked Deputy Estanislau if he was okay, and Estanislau told him he was. Estanislau told him to get his quick
clot and begin rendering aid. Estanislau never told him what happened. When he was in the complex, prior to
the shooting, he never heard the gunshots. His window was down when he was in the complex. While he was
rendering aid, he never heard any statements.
The above is a synopsis. For complete and accurate details of the interview, refer to the audio recording /
transcription.
Deputy Kevin O' Brien # 256560 related the following on March 29, 2019, under sworn verbal oath:
He did not remove any property from the subject who aid was being rendered to. He did not see any other deputy
remove property from the subject. He noticed a phone near the subject that had a stand on it. The phone was
upright on the stand. He never touched or manipulated the phone, nor did he see anyone else touch the phone.
The above is a synopsis. For complete and accurate details of the interview, refer to the audio recording /
transcription.
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Follow Up Report # HS 4
Deputy Leonard Weg 4253967 related the following on March 28, 2019, under sworn verbal oath
He responded to Skipper Road after hearing the call for shots fired. He recognized Deputy Estanislau' s
voice on the radio. He parked east of the incident scene on the south side of the road. He blocked traffic. He
observed Deputy Estanislau, Deputy Perez, and Deputy O' Brien tending to the subject. He advised on the radio
of EMS could proceed to the scene, and Deputy O' Brien advised via the radio to send EMS in.
He advised he went up to Deputy Estanislau and put his hand on his shoulder and asked if he was okay. He did
not ask him what happened. He believed Deputy Estanislau was upset, and he observed him pacing around. He
sat Estanislau in his car and asked him he could get him anything to drink or eat. lie waited with him until a
supervisor got to the scene.
in the car, Estanislau stated, " How' d I get him in the back." He asked Estanislau, " Did he turn?"
Estanislau just
stared ahead without answering. Deputy Estanislau also asked him if he thought he would be fired. His respon-
was that he has three great supervisors that will have his back.
The above is a synopsis. For complete and accurate details of the interview, refer to the audio recording /
transcription.
Deputy Leonard Weg # 253967 related the following on March 28, 2019, under sworn verbal oath:
lie did not remove any property from the subject, nor did he observe any other deputies remove property from
the subject. lie observed a phone with a kickstand on the sidewalk near the subject. The phone was standing up
on the kickstand. He did not move any evidence at the scene.
The above is a synopsis. For complete and accurate details of the interview, refer to the audio recording /
transcription.
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Follon Up Report # HS 4
Deputy Armando Perez # 254523 related the following on March 28, 2019, under sworn
He was working as a Razor Unit the night of the incident, and placed himself on the call due to there being
multiple calls for service. As he was en route to the call, he heard Deputy Estanislau state over the radio that
shots were fired. He was the first deputy to arrive on scene. He observed Deputy Estanislau applying pressure to
the wound on
There was a brief pause in the interview so Deputy Perez could tend to a family matter. Once Deputy Perez
returned, he stated the following:
Deputy Estanislau requested him to get his quick clot. Once he obtained his quick clot, he asked Deputy
Estanislau what happened. Estanislau asked him to ask any of the pedestrians who were beginning to congregate
to see if they saw the incident. He advised Deputy Estanislau did not tell him what happened.
He believed Deputy Estanislau was in shock, and appeared shaken up. He did not hear Deputy Estanislau make
any statements to anyone else.
He then advised when he gave Deputy Estanislau the quick clot, he was looking for an exit wound, because he
observed a wound on back. Deputy Estanislau told him he could not find another wound, and then
stated, " 1 don' t know how it hit him in the back." He believed these were the words Deputy Estanislau used.
He did not observe the shooting. He did not interview any witnesses.
The above is a synopsis. For complete and accurate details of the interview, refer to the audio recording /
transcription.
Deputy Armando Perez # 254523 related the following on March 29, 2019, under sworn verbal oath:
He observed what he believed to be a black phone with a " kickstand" attached to it. It was located on the
sidewalk near the subject' s right arm or right shoulder area. It was about one to two feet away from the subject.
He also saw a green leafy or brown leafy substance near the subject. He did not remove any property from the
subject, and he did not move any potential evidence on the ground. He was the first deputy aside from Estanislau
on scene. O' Brien came right after him. He did not witness the shooting.
The above is a synopsis. For complete and accurate details of the interview, refer to the audio recording /
transcription.
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Follow Up Report # HS 4
Dillon Messina related the following on March 29, 2019, under sworn verbal oath:
He is a Fire Medic for HCFR and he responded to the incident scene the night of the incident. As he arrived
at the incident scene, he removed shoes. This was the only property he touched at this
time. shirt was already off prior to his arrival. made two statements while they were in the
ambulance. He heard state, " don' t let me die," and " 1 can' t feel my legs."
The above is a synopsis. For complete and accurate details of the interview, refer to the audio recording /
transcription.
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Folio. Up Report N HS 4
Deputy Scott Richardson # 246604 related the following on March 29, 2019, under sworn
He works dayshift as a FTO, and heard the call over the radio for shots fired as he was driving home. He arrived
on scene and multiple patrol cars were already there. He observed the subject dressed in all red down on the
sidewalk. He observed deputies rendering aid to the subject. He observed Deputy Estanislau standing up near
the subject' s head. He got on the radio and advised the deputies were okay and the subject was down. lie also
advised to clear the station of emergency traffic. He offered quick clot to the deputies rendering aid. He saw an
older Hispanic male trying to get close to the scene, but told him to step back. He retrieved his trauma bag from
his trunk, because EMS had not arrived yet. He assisted with first aid on the subject. He rolled the subject over
to look for additional wounds, but advised he only observed one apparent gunshot wound on the subject' s back.
EMS showed up shortly after.
The subject was on his right side when he first arrived. He noticed the injury was on his back left side. The
subject never made any statements in his presence. He did not speak with Deputy Estanislau. He overheard
Deputy Estanislau state " oh fuck" when Deputy Weg got to the scene. He believed Estanislau was upset. He told
Weg to stay with Estanislau.
He did not remove anything from the subject' s pockets. He helped EMS remove the subject' s clothes once they.
arrived. He remembered seeing a black cell phone standing up on its side on the sidewalk when he first arrived.
He never touched the cell phone.
He remembered the subject stated something about needing air once EMS arrived. The oxygen mask fell off the
subject' s face at one point.
The above is a synopsis. For complete and accurate details of the interview, refer to the audio recording /
transcription.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 287 of 372
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Follow Up Report # HS 4
Deputy Carlos Flores # 253966 related the following on March 29, 2019, under sworn verbal oath
He was on a 911 call when he heard the call for shots fired over the radio. He ran lights and sirens to Skipper
Road / Nebraska Avenue. lie was coming from Florida Avenue / 127th Avenue. Once he got to the incident
scene, he observed two deputies rendering aid to a black male on the ground.
He did not render aid to the subject who was shot. lie never went through the victim' s pockets. He assisted in a
search of the area, and marked the area where there were two shell casings with cones.
The above is a synopsis. For complete and accurate details of the interview, refer to the audio recording /
transcription.
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Fo11o% Up Rep" n # HS 4
Subject: ( Subject # 3)
Related date/ time: Apr- 25- 2019 ( Thu.) 1019
is her biological son. She advised got into a fight in the car earlier tonight. She did
not see him hit her, but said he hit her. She told both to get out of the car, and at
some point, she smacked on the side of his head. then took her by her arm, and slammed her to the
ground. She hit her head as a result of the fall. She was dazed as a result of the impact. She advised " grandpa"
heard the impact and advised was calling the cops. got scared and ran. She knows the cops generally
calm down.
She advised law enforcement has been called out numerous times in the past for She could not put
a number on it, but advised it has been more than ten times. has emotional problems and does not
take medication. He just went to two programs. refuses to talk to his doctor. He has been diagnosed
since kindergarten. She advised has been diagnosed with ADHD, developmentally and emotionally
handicapped, and ODD ( oppositional defiance disorder). Ever since his 13th birthday, the problems have gotten
worse.
is 5T' tall, but he is stocky. She described him as being very strong. She cannot restrain him. She
described choking her in the past. has been Baker Acted more than 20 times. has damaged
property in the house in the past. has never indicated he would force someone to harm him as a result of
his own actions. has made statements consistent with not wanting to be " here," and he hated his life. She
believes does this for attention. has been Baker Acted in Pasco as well when they lived up there.
This was approximately two years ago.
She has asked why he would put holes in the walls, and he has told her it was because the voices made him
do it. has not been diagnosed as schizophrenic.
She believes smokes marijuana, but does not know of any other drug use. She believes is a
follower. has completed the 9th grade. is not employed, but receives disability.
She advised always listens to the cops, and he likes the cops. She wants law enforcement to speak to him.
told her " the police grabbed his arm and he ... I think he went to walk away. He snatched away and went
to walk away or something. And then he said the police shot him." She asked if he went into his pockets, and
told her he did not. She then stated, " He could be sedated so I don' t know."
is scared to go back to jail. He did not like the program he was sent to because he was bullied while there.
She has looked into ex parte orders.
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GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
Follmi Up Rrporl # HS d
The above is a synopsis. For complete and accurate details of the interview, refer to the audio recording /
transcription.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Pagc 290 of 372
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GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED
Follow Up Report # HS 4
Subject: ( Subject # 4)
Related date/ time: Apr- 25- 2019 ( Thu.) 1024
This was not the first time HCSO has had to come out to his residence. He tried looking for the exact date for
when he last called HCSO conceming He believed it was one week prior. He told not to bring
back to his residence because broke his window the week prior.
called HCSO tonight at 7: 41 PM. was fighting with his two sisters. mother went out to try
to stop because he was trying to break something on her car. He observed That
is when flipped her over and dropped her on her head. He was standing in his door when this occurred.
It happened outside of car. He saw had hit her head on the concrete. That is when
called the police, because he is scared of He described as being down for a few seconds.
then took off, but he followed him from a distance of about 50 yards. told the police where
was, and he went back to his apartment thinking they would have him. was telling the dispatcher what
was wearing. He did not think there was anyone else on the street when he pointed to where went to the
deputy.
The above is a synopsis. For complete and accurate details of the interview, refer to the audio recording /
transcription.
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Follow Up Report # HS d
Deputy Daniel on
He clarified his position and positioning upon initial contact. He described as side
stepping, and glancing back and forth upon contact. lie requested to speak with him, and tried calming
the situation by just wanting to get a statement from lie described as swatting at him with
his left hand and stating he did not want to talk to Deputy Estanislau. He described left shoulder
was bladed toward him, and he could see the front of body. He described as raising his left
arm up, " creating a lane" and then observed right hand reach toward his waistband. He described
right hand was on a black object he perceived as a gun. He described this was a place he knows people
will carry a firearm, as he carries his off d
- uty firearm in his waistband toward his strong side. lie described the
object as being black and on the right side of the front of the waistband. lie described as motioning
with his right hand toward him. He gave commands for to drop the gun, but described as not
complying. His firearm was drawn once he noticed the black object, but he did not immediately fire. He fired
only when made the motion with his right hand pointing toward him. This placed him in fear for his
safety. He described patting down for weapons, and then placing gloves on his hands to perform life
saving measures. He kept pressure on wound until other deputies arrived. He realized the black obje
was a cell phone with some sort of stand affixed to the back of it after it hit the pavement. He did not touch the
object at all. He described the stand on the phone as open, and the phone was standing on its side.
The above is a synopsis. For complete and accurate details of the interview, refer to the audio recording /
transcription.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 292 of 372
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Follow Up Report # HS 4
lie was working as a razor unit the night of the deputy involved shooting. He heard shots were fired via the
radio, and drove to the incident scene. Upon arrival, he observed a black male on the ground who appeared to
be bleeding. He assisted with rendering aid to the black male subject by applying pressure to his shoulder blade
area. He did not remove any property from the black male. He assisted with cutting the black male' s clothing.
He observed a cell phone and a baggie of what he thought was marijuana on the ground. He described the cell
phone was on the black male' s right side. He did not touch the phone. He heard the black male subject state
aloud, " it hurts" several times. He did not hear any statements from Deputy Estanislau.
The above is a synopsis of the interview. Refer to the audio recording for complete details.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 293 of372
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GENERAL OFFENSE HARDCOPY
Folio" Up Report # HS A
On March 26, 2019, at approximately 2002 hours, I received a phone call from Corporal Gregory
Thomas # 5165 requesting I respond to Skipper Road Tampa, Florida 33613 ( within Hillsborough County)
in reference to a deputy involved shooting. Corporal Thomas advised me 1 would be the lead investigator on
the case. 1 pulled up the call from the CAD, and noted a domestic violence just occurred ( documented under
HCSO case number 2019- 21 1 10 ) and was dispatched at 1942 hours at 1250 1946
hours, unit 2A39 (Deputy Daniel Estanislau # 253881) advised he was in contact with the suspect ( later identified
as James
call stated the suspect was wearing a red
jumpsuit. AT 1947 hours, Deputy Estanislau advises over the radio " shots fired."I
arived in the area of 1028 Skipper Road at ap roximately 2040 hours. I noted Skipper Road was
cordoned off with yellow crime scene tape just east of Nebraska Avenue North, which was the route 1 to k to
get into the area of the scene. I parked my unmarked vehicle on the south side of Skipper Road, west of 1028
Skipper Road. 1 noted multiple layers of crime scene tape throughout Skipper Road, and noticed yellow crime
scene tape further east by the Jasmine was where the original domestic violence
call originated from).
1 met with Sergeant Chad Cave #155902, and advised him I alredy spoke with Corporal
Thomas about being the lead investigator for the case. 1 obtained the biographical information for James
this time from Sergeant Cave and Deputy Estanislau' s information as well. Sergeant Cave and
I waited for other members of the Homicide Section to respond to the incident scene to discuss assignments. Sergeant
Cave advised me Detective Kevin Rettew #233650 was responding to Tampa General Hospital to check
the status of James this time, I was advised James one apparent gunshot wound to
the left side of his back, under the left shoulder. Corporal
Thomas was designated as the assist for this investigation, and Master Detective Moises Garcia #
51 19 was assigned to document the crime scene. Detective David Tabor #218707 assisted with peripheral
interviews (see his supplement for details). Corporal Thomas advised the he informed Assistant State Attorney
Scott Harmon of the incident, who advised he would be responding to the incident scene as well. 1 noted
Corporal Marinko Nikic 4227443 is the direct supervisor of Deputy Estanislau, and was asked to stay with Deputy
Estanislau throughout the night. I observd Corporal Nikic and Deputy Estanislau in a marked patrol vehicle
at the scene. Sergeant
Cave,Corporal Thomas, Master Detective Garcia and l surveyd the north side of Skipper Road
and noted patrol deputies placed orange colored cones in various locations, which designated items of evidentiary
value. Refer to Master Detective Garcia' s sup lem nt for complete and accurate details of the crime scene.
I was advised two spent Homady 9MM shell casings were located under two of the orange cones. This brand
of ammunition is consistent with the ammunition distributed to sworn deputies with the Hil sborough County
Sheriffs Office. Sergeant Cave advised me the Shot Spotter system did not register the two shots For:
Follow Up Report H [ IS 4
fired. l specifically noted the streetlights in the area of the incident scene on the north side of Skipper Road, in
the vicinity of where the actual shooting appeared to have occurred, were not operational. Corporal Thomas
pointed out potential surveillance cameras affixed to the main building of the business known as Rentalex. I
noted a phone number on the sign ( 813- 971- 9990), and attempted to call it. 1 heard the phone ringing inside
the business, but the phone just rang without a voicemail. I have experienced in the past where businesses may
forward a business number to a cellular telephone after hours, however this was not the case with this business.
Sergeant Cave would later advise me a business owner was contacted, and would respond to the scene to have
the surveillance video viewed.
District I patrol personnel were initiating the original domestic violence related incident under
HCSO case number 2019-21 1 10 . Corp al Thomas advised me the use of deadly force encounter would be documented under
HCSO case number 2019- 211277. This action was taken to document the two incidents separately. I learned James Fulmore battered the
two victms in violence incident ( Stephanie Thomas, a black female, date of
interview with a potential witness to the use of deadly force.Detective Tabor provided me with the
witness information ( Annette Gaddy, a black female, date of birth April 28, 1958).Refer to Detective
Tabor' s supplement for details of the interview. I learned Annette Gaddy was driving westbound on Skipper Road
in a red in color Ford Explorer when she claimed to observe the incident. I noted Detective Tabor advised the
details of his interview with Annette Gaddy to Corporal Thomas, Sergeant Cave, Master Detective Garcia, and HCSO
Legal Counsel Olivier Lindemann #252174. 1 learned HCSO Assistant Legal Counsel Jason Gordilo# 136777
was assigned to represent Deputy Estanislau, and was in contact with Deputy Estanislau at the
District I Office. Lieutenant Charles Hollis # 5603 provided me with an office issued FNS 9MM (serial number GKU01
15590) to provide to Deputy Estanislau. 1 was provided three empty magazines, a new Streamlight TLR-1
tactical light, and a box of Homady 9MM duty ammunition as well to provide to Deputy Estanislau. Corporal Thomas
and I left the incident
aperd to have all of the standard equipment issued at the time of the shooting. Deputy Estanislau wears
his duty holster on his right side. Deputy Estanislau was wearing For: 205814 Printed On:May-01-2019 (
Polio" Up Reporl # HS 4
eyeglasses when I observed him at the District I Office. I also noted him to be wearing a shoulder microphone
on his mobile radio, which was clipped to the center of his uniform. Deputy Estanislau was wearing the Class B
uniform of the day at the time of the shooting. I observed him to be wearing his issued bulletproof vest under his
uniform shirt. I noted what appeared to be dried blood on the bottom of his right wrist, specifically on a white
in color fitness tracker he was wearing and on the surface of his skin. The apparent blood was consistent with
transfer. I did not observe any physical injuries to Deputy Estanislau. It should be noted my interaction at this
point with Deputy Estanislau was limited. I refrained from asking him any questions about the incident, and he
did not provide any information to me.
The round count occurred at 2245 hours. It should be noted the HCSO issued FNS 9MM
semiautomatic handgun has a magazine capacity of 17 9MM rounds, with one extra 9MM round chambered
for a fully loaded duty ready weapon. HCSO deputies carry two extra magazines with a capacity of 17 rounds
in each. The total number of live ammunition on a standard duty belt should equal 52 rounds to be considered
ready for duty. I had CSI Anderson -Cobb label the magazines. The one closest to Deputy Estanislau' s radio was
labeled " Magazine A," which had 17 live Homady 9MM rounds inside of it. The magazine closest to the center
of his abdomen was labeled " Magazine B," which had 17 live Homady 9MM rounds inside of it. 1 then asked
Deputy Estanislau to provide me with his issued FNS 9MM, to which he complied. I inspected the weapon,
and it appeared to have no modifications to it. 1 noted he had the issued Streamlight TLR- 1 light affixed to the
weapon, and it was functioning at the time of my inspection. The serial number on Deputy Estanislau' s FNS
9MM is GKU0126648. 1 noted 15 live Homady 9MM rounds in the magazine of Deputy Estanislau' s weapon,
and one live Homady 9MM round in the chamber. This is consistent with the two spent casings found at the
incident scene to show Deputy Estanislau was loaded for duty at the time of the shooting. I provided the new
weapon and accessories mentioned above to Deputy Estanislau. CSI Anderson -Cobb took possession of the
original FNS 9MM, magazines, and live ammunition taken from Deputy Estanislau, and impounded them into
evidence.
Corporal Thomas and 1 departed the District I Office and went back to the incident scene at
approximately 2330 hours. We briefed Major Francis Losat 43664, Lieutenant Hollis, and Sergeant Cave with
the results of the round count. Shortly thereafter, Deputy Estanislau and Mr. Gordillo arrived back at the incident
scene to conduct a walk- thru. The purpose of the walk- thr was to determine positioning at the time of the
shooting. I discussed the specific questions 1 was going to ask Deputy Estanislau with Mr. Gordillo prior to the
walk- thr being conducted. The questions asked were as follows:
Where were you when you first arrived on scene?
Where were you when you first observed the subject?
Where was the subject when you first encountered him?
Where were you standing when you fired the first shot?
Where were you when you fired the second shot?
Did you move between shots?
I advised Mr. Gordillo that the walk- thru process could begin when Deputy Estanislau was ready.
The walk- thr had the following personnel present during the process: Corporal Thomas, Master Detective
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HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPV
Follow Up Report 4 HS 4
Garcia, CSI Michelle Hermann # 257973, CSI Anderson - Cobb, ASA Harmon, SAO Investigator Juan Acosta,
State Attorney Andrew Warren, HCSO Legal Counsel Gordillo, HCSO Legal Counsel Lindemann, and Deputy
Estanislau. I read Deputy Estanislau his Miranda warnings from a State Attorney' s Office issued Miranda card
dated April 201. 7 at 2339 hours. Deputy Estanislau acknowledged his rights, and agreed to answer questions at
this time. I requested CSI Hermann to have different colored cones to represent the positions Deputy Estanislau
pointed out of where he was and a different colored evidence marker where would have been,
according to Deputy Estanislau. Refer to Master Detective Garcia' s supplement for complete details of the
marker placement. I noted Deputy Estanislau indicated he did not move from the point where he fired his
weapon, nor did he move between shots. position did not change much from the point Deputy
Estanislau first observed him to where he fell after the shots were fired.
Once the walk- thru process was completed, I assisted with looking for a projectile in the Rentalex
parking lot. t noted Master Detective Richard Woychowski # 3468 was able to contact the owner of the business,
and was in the process of obtaining surveillance video. 1 was advised the owner allowed HCSO to search his
property for potential evidence. I observed a possible impact point on the fence line, specifically on a cable area,
that appeared to be going from south to north, consistent with the direction the shooting took place. I searched
the grassy area to the north of the gate and the parking lot, but I was unable to locate a projectile.
convened at the District I Office with personnel involved in the case to discuss the actions taken
in the investigation thus far. Corporal Thomas and 1 then went to Tampa General Hospital ( TGH) to conduct
audio -recorded interviews with family members. Detective Rettew was asked to conduct audio -
recorded interviews with his siblings ( while Corporal Thomas and I interviewed
Corporal Thomas and I interviewed
in a quiet room at TGH at approximately 0154 hours on March 27, 2019.
understood the interview was being audio -recorded and was placed under sworn verbal oath. For complete
and accurate details of the interview, refer to the audio recording / transcription. During the course of her
interview, indicated refuses to take medication, has had multiple encounters
with law enforcement, and has been diagnosed with several mental illnesses. She believed he was bi- polar and
possibly schizophrenic as well. She advised to her knowledge, normally interacts well with law
enforcement. She described multiple domestic violence related incidents over the years involving
as the primary aggressor. 1 did not provide with any details of the use of deadly force, but I
advised her 1 was the lead investigator, and any questions she may have should be directed to me. I provided her
with my direct contact information. indicated a willingness to cooperate in the investigation,
and encouraged me to interview once he was awake and able to speak. I then conducted an
audio -recorded interview with under sworn verbal oath in a quiet room at approximately 0214
hours. was aware the interview was audio -recorded. For complete and accurate details of the
interview, refer to the audio recording / transcription. mirrored a lot of information as to the
background of He indicated was violent earlier in the evening and has been
violent in the past. was forthcoming with information. informed me he was the
person who pointed Deputy Estanislau to where was walking. This is significant, because at this
point 1 did not know who directed Deputy Estanislau to where he ended up using deadly force. I departed TGH
at approximately 0230 hours and concluded my shift for the morning.
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Follow Up Report H HS a
I convened with Sergeant Cave at the Criminal Investigations Division on March 27, 2019,
at approximately 1000 hours. We discussed the course of actions needed to be taken, which started with
interviewing the first several deputies who arrived on scene after the shooting took place. I pulled the call log,
and requested all of the radio traffic on all District 1 channels concerning this incident. Sergeant Cave informed
me Detective Sean Royal transported Deputy Estanislau' s FNS 9MM firearm and the spent casings to FDLE ( see
his supplement for details).
I received Deputy Estanislau' s disciplinary history from the Professional Standards Section. I
noted his original hire date was October 4, 2015. lie had one entry on his file, which was a traffic crash on
April 30, 2017 ( HCSO case number 2017- 304361). lie received a letter of counseling as a result of the internal
investigation and lost the use of his take home vehicle for a period of five days. This was the only entry in his
file.
I requested Deputy Estanislau' s training history and last qualifications with his FNS 9MM. I learned
Deputy Estanislau last qualified with the involved FNS 9MM on October 31, 2018 during his annual in- service.
I noted Deputy Estanislau signed up for an advanced training class called " Identifying and Surviving Hidden
Weapons," which is scheduled to begin on August 9, 2019.
I reviewed surveillance video from the Rentalex property, which displays a time approximately
four hours and six minutes slower than real time. The angle of the camera looks south to Skipper Road. I
observed what appears to be a black male wearing all red, which is consistent with what was
wearing, walking westbound on Skipper Road on the sidewalk. I observed Deputy Estanislau' s marked patrol
vehicle pull up to the north side of Skipper Road, partially in the roadway ( as I observed it at the scene).
appears to turn to his left and it appears he looks at Deputy Estanislau' s marked patrol vehicle. As
turns to his left, he raises what appears to be his left arm in a waving fashion toward Deputy
Estanislau ( who has not exited his patrol vehicle at this point) and then continues walking westbound.
goes out of view from this point. Deputy Estanislau exits the driver' s seat of his marked patrol vehicle
and raises his hands up to about chest level while walking toward Deputy Estanislau, takes
several steps forward ( west) and as he crosses the front bumper of his marked patrol vehicle, he drops his
shoulders slightly and draws his issued firearm from his right side. Deputy Estanislau continues advancing
forward ( west) in what appears to be consistent with an isosceles stance. The gunshots are not captured on video,
as Deputy Estanislau also goes out of view from the camera angle. As the above movements are occurring, I
did not observe Annette Gaddy' s red Ford Explorer, which she claimed was parallel to the incident at the time of
the shooting. As Deputy Estanislau goes off camera, a white in color vehicle is observed just behind his marked
patrol vehicle. That vehicle stops briefly, then veers to its left and slowly continues westbound. Annette Gaddy' s
Ford Explorer is observed several car lengths behind the white vehicle. As the white vehicle stops behind the
patrol vehicle, Annette Gaddy' s Ford Explorer is seen stopping several car lengths behind the white vehicle. The
red Ford Explorer then follows a similar path around the [narked patrol vehicle. Annette Gaddy' s statement is not
consistent with the video surveillance.
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Follow Up Report # [ is 4
I was previously scheduled for a motion hearing at the Hillsborough County Courthouse at 1330
hours, so I was unable to go to TGH to attempt to interview Master Detective Dirks and
Corporal Thomas went in my place ( see their respective supplements for details). I learned did
not wish to speak with them, and his father advised Corporal Thomas that he hired an attorney to represent his
son' s interests. Attorney Norman Cannella contacted HCSO on March 27, 2019, at approximately 1431 hours
requesting HCSO not to speak with his client.
1 contacted Corporal Nikic via phone and requested to speak with him in person. 1 met him at
his residence and conducted an audio -recorded interview with him under sworn verbal oath. Corporal Nikic
had the most contact with Deputy Estanislau after the use of deadly force occurred, and I wanted to know of
any statements made by Deputy Estanislau during his contact with him. For complete and accurate details of
the interview, refer to the audio recording / transcription. Corporal Nikic provided me with the statements he
obtained from Deputy Estanislau. He indicated that Deputy Estanislau believed was reaching
into his waistband, and he pulled out a dark object. This was the reason why Deputy Estanislau deployed deadly
force. He described Deputy Estanislau as being distraught during his contact with him. Corporal Nikic did not
ask specific detail oriented questions of Deputy Estanislau during his contact with him. Corporal Nikic was
trying to ascertain what occurred at the time.
I received information from Corporal Thomas about a possible eyewitness to the deadly force
encounter. Corporal Thomas provided me the name " Jose" and a phone number of 813- 474- 8299. 1 immediately
called this number and the person who answered identified himself as " Jose," and was willing to meet with me.
1 drove to the Toyota of Tampa Bay dealership ( located at 1101 East Fletcher Avenue Tampa, Florida 33612)
and met with Jose Aviles ( a white / Hispanic male, date of birth August 4, 1996). Jose Aviles was willing to
speak to me under sworn verbal oath and on audio recording. For complete and accurate details of the interview,
refer to the audio recording / transcription. I learned that Jose Aviles was the driver of the white vehicle seen
stopped just prior to Deputy Estanislau going out of view from the surveillance video at the Rentalex. Jose
Aviles advised he heard Deputy Estanislau state aloud twice, "show me your hands!" This was prior to shots
being fired. He indicated his attention was focused on Deputy Estanislau once he drew his gun. He advised he
noticed hands were at chest level prior to him focusing on Deputy Estanislau. I had him go
through his account of what occurred several times, and had him clarify several points in his statement. I had
him go through the sequence of events step- by- step and where his attention was at each point during each step. I
then updated Corporal Thomas with the information Jose Aviles provided me.
I called Deputy Kevin O' Brien # 256560, and requested to speak with him in person. He agreed to
meet me at the Publix parking lot ( located at 16560 North Nebraska Avenue Lutz, Florida 33549). The interview
was audio -recorded under sworn verbal oath. For complete and accurate details of the interview, refer to the
audio recording / transcription. Deputy O' Brien did not witness the deployment of deadly force. He indicated
he heard the domestic violence call over the radio, and was already inside the on an
unrelated call. Due to the size of the apartment complex, he was trying to locate where Deputy Estanislau was in
reference to the call. He never heard the gunshots, but heard the call for shots fired by Deputy Estanislau via the
radio.
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Follow Up Report 4 HS 4
called Deputy Leonard Weg # 253967, who advised me he could meet with me the following day
due to being out of county with his family. On March 28, 2019, 1 went to Deputy Wes s residence to conduct an
audio -recorded interview with him under sworn verbal oath. For complete and accurate details of the interview,
refer to the audio recording / transcription. Deputy Weg arrived at the incident scene after Deputy O' Brien did.
Once the interview was completed, I went to Deputy Armando Perez' s # 254523 residence to conduct an audio -
recorded interview under sworn verbal oath. For complete and accurate details of the interview, refer to the audio
recording / transcription. Deputy Perez was the first deputy on scene after the call for shots fired.
Once the interviews listed above were completed, I went to the Criminal Investigations Division
to review the 911 and radio traffic. I began to make a timeline of events to have a better understanding of
what deputies were actually present at the scene just after the incident occurred. I wanted to ensure I spoke
to every deputy that may have observed the initial scene, or would have had contact with Deputy Estanislau.
I focused on Deputy Estanislau' s radio transmissions as well, to ensure I had an accurate account of what he
was saying and how long it took by the time he arrived at the scene, to when the shots were fired. Deputy
Estanislau' s unit number / call sign on the radio is " 2A39." Deputy Estanislau advises he is " 97" ( on scene) at
1945 hours, " 10- 25" ( in contact with) at 1946 hours, and approximately 28 seconds later, Deputy Estanislau
holds the station " 10- 46" ( emergency traffic) for shots fired. I also requested the GPS locations of all deputies
involved, which was (napped out to show the exact locations of each involved unit on this case. It appeared
Deputy Estanislau' s vehicle was coming off the northbound exit from I- 275 to Bearss Avenue when the domestic
violence call is dispatched. Deputy Estanislau was en -route to a shoplifting call at the time the domestic violenr
call is dispatched, but elects to go to the domestic violence call in lieu of the call he was going to. The domesti,
violence call was in Deputy Estanislau' s assigned geographical area of "A03," so it appeared he was attempting
to take a priority call in his area of primary responsibility. Deputy Estanislau was also fairly close to the priority
call at the time he advised he would be en -route to it. The intersection of 1- 275 / Bearss Avenue is just northwest
of Skipper Road, approximately 1. 1 miles away.
1 began to look into the background of I noted he has a lengthy history of arrests
and Baker Act incidents. As 1 reviewed the material related to the general theme of the reports
was very consistent. has targeted his mother the majority of the incidents involving domestic
violence. has passively resisted law enforcement efforts to take him into custody on multiple
occasions. He refuses to obey verbal commands. which is consistent with his mother' s statement about his
Oppositional Defiance Disorder.
On March 29, 2019, 1 began the day by speaking with on the phone at
approximately 0926 hours. She advised me still had fragments in his spine. She also advised
is right handed. This is significant, because in reviewing the video, Deputy Estanislau appears to
only have a view of left side as he approaches him.
I contacted Deputy Scott Richardson # 246604, who met with me at the Criminal Investigations
Division for an audio -recorded interview under sworn verbal oath. For complete and accurate details of the
interview, refer to the audio recording / transcription. Deputy Richardson showed up to the incident scene at the
end of his shift due to hearing the distress call from Deputy Estanislau. Deputy Richardson noticed the cellular
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telephone near was standing up on its side. He described the phone as having a " kickstand." He
did not observe anyone take the phone out of pockets, and to his knowledge, it was like that
when all of the deputies arrived on scene.
1 went to HCFR Station 40, and met with HCFR Fire Medic Dillon Messina # 1471. Dillon Messina
agreed to an audio -recorded interview under sworn verbal oath. For complete and accurate details of the
interview, refer to the audio recording / transcription. Dillon Messina did not remove anything from
pockets, just his shoes. The only statements made to him was, " 1 can' t feel my legs"
and " don' t let me die."
1 waited for the responding deputies who 1 previously interviewed to come back to work to conduct
a follow- up interview with each. I also learned Deputy Carlos Flores # 253966 and Deputy Joel Service # 255039
arrived on scene around the time of the previously interviewed deputies. I conducted sworn interviews with both
Deputy Flores and Deputy Service ( refer to their respective interviews for details), and then I re -interviewed
Deputy Weg, Deputy O' Brien, Deputy Perez, and Corporal Nikic separately. I clarified with each one of them
if they noticed anything of evidentiary value or if any of the removed anything from pockets.
None of the interviewees removed anything from pockets, and all of them noticed the cell
phone standing up on the sidewalk. For complete details of their interviews, refer to the audio recordings /
transcriptions.
On March 30, 2019, 1 contacted via phone. She advised me has T- 6 and
T- 8 fractures in his spine. He also has lesions on his right lung due to rib fracture. She advised he is paralyzed
from the nipple line down. She has been staying at the hospital to comfort She provided a cell phone
number for On April I, 2019, 1 requested a subpoena for
subscriber and toll information for The subpoena was faxed to
on this date. On April 2, 2019, 1 called at approximately 0906 hours, but there was no audible
response from her. It should be noted this was the last time picked up the phone when 1 tried
calling her. It appears since April 2, 2019; no longer seemed cooperative or willing to hear
any updates regarding case.
The incident was not originally captured via Shot Spotter. HCSO contacted Shot Spotter directly
and inquired about the location of sensors in the area of the incident scene. Shot Spotter was able to locate two
gunshots by manually going into the system. The Shot Spotter report indicated two gunshots were captured
at 19: 46: 44 hours. The shots can be heard on the audio provided by Shot Spotter, and they appear to sound
consecutive. The time the shots are captured is consistent with the radio traffic when Deputy Estanislau advises
he is in contact with 19: 46: 19 hours), the GPS from Deputy Estanislau, and the radio traffic from
Deputy Estanislau after the shots are fired ( approximately four seconds after the Shot Spotter report). On April 8,
2019, 1 learned the incident scene was forensically mapped for accurate distances. The crime scene diagram was
incorporated with the mapping that was completed. I reviewed the surveillance video, and with the assistance
of Corporal John Graves # 4044, we were able to get the approximate location of where Annette Gaddy and Jose
Aviles were at the exact time of the shooting, according to the Shot Spotter report. The measurements were
determined based off fixed points where each of these individual' s vehicles were at the time the shots are heard.
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olio% Up Report N HS 4
The video shows neither of these witnesses were where they claimed to be at the time of the shooting. Annette
Gaddy was approximately 152 feet east of where Deputy Estanislau' s approximate firing position was at the
time of the shooting, and approximately 178 feet east of where Deputy Estanislau approximated
to be standing when he was shot. Jose Aviles was approximately 81 feet east of where Deputy Estanislau' s
approximate firing position was at the time of the shooting, and approximately 107 feet east of where Deputy
Estanislau approximated to be standing when he was shot.
On April 13, 2019, 1 impounded test fires from FDLE regarding Deputy Estanislau' s issued firearm.
The test fires were impounded under Property Report 739201- 1. 1 researched FDLE' s online laboratory, and
noted the report was completed. The casings at the incident scene snatched Deputy Estanislau' s issued firearm,
as expected. The firearm was function tested, and there were no reported weapon malfunctions according to the
report. Refer to the attached FDLE report for complete details.
On April 16, 2019, 1 convened with Corporal Thomas and Sergeant Cave, and was made aware
Deputy Estanislau provided a written statement via Attorney Stephen Romine on April 12, 2019. 1 reviewed
the letter, which was dated April 11, 2019, and noted Deputy Estanislau describes the event from initial contact
until after the shooting occurs. For complete and accurate details of the written statement, refer to the attached
statement.
On April 18, 2019, at approximately 1 1 14 hours, Deputy Estanislau and Attorney Stephen Romine
voluntarily came to the Criminal Investigations Division to clarify and demonstrate the movements he describe.
in his written statement. The entire interview was audio -recorded in a conference room. There was an
approximate five- minute break in between the two audio recordings were Assistant Legal Counsel Lindemann
requested to speak with Stephen Romine in private. Once the break was concluded, I turned my audio recording
device back on before any questions were asked. ASA Harmon, SAO Investigator Acosta, Corporal Thomas,
Assistant Legal Counsel Lindemann, Master Detective Garcia, and I were all present for the interview process.
Refer to the audio recording / transcription for complete and accurate details of the interview. It should be noted
Deputy Estanislau demonstrated body position upon initial contact when the shooting occurred.
He described as sidestepping away from him upon contact, which is consistent with the video
surveillance from the Rentalex camera. Deputy Estanislau described as, " creating a lane" with
his left arm extended upward from his body while his left shoulder is bladed toward him. He described being
able to see the front of and noticed right hand grasping a black colored object he
perceived as a fireann. Deputy Estanislau advised he knows it is common for individuals to carry firearms in
their waistband, and advised he carries his off -duty firearm in the front of his waistband, toward the right side.
Deputy Estanislau demonstrated the [notion trade toward him just prior to the shooting, which
was what caused him to fire his weapon. Fie described once bladed his left shoulder toward him,
and he recognized what he believed to be reaching for a fireann with his right hand, he drew
his own firearm and gave commands for to drop the gun. He did not fire right away. Deputy
Estanislau demonstrated a motion trade with his right hand coming upward from the waistband
toward him. He described this motion as happening very quickly, and he perceived this motion as being a threat
to his safety. He believed the motion was consistent with the barrel of a firearm being pointed toward him.
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with Deputy Estanislau' s commands to show his hands. He advised James Fulmore never
to him at these moments in time to suggest he only had a cell phone on him. I compared Deputy
Estanilu' s written statement and verbal clarification to the video surveil ance collected. Deputy Estanislau'
s statement is consi ten with the events captured on the video surveil ance. James Fulmore can
sidestepping as Deputy Estanislau' s marked patrol vehicle is approaching him from behind. It appears James
Fulmore' s the patrol vehicle as he is side stepping, and his right arm is bent at the elbow, with
the lower half of his right arm appearing to be in the area of the right side of his waistband. As James Fulmore is
it appears he raises his left arm up as Deputy Estanislau is exiting his patrol vehicle, which
is consistent with when Deputy Estanislau described James Fulmore as him with his left
hand. Deputy Estanislau' s body language as he exits the driver' s side of his marked patrol vehicle does not seem
to be aggressive in nature, as he raises both of his hands in the air trying to engage James Fulmore in
Estanislau' s body language im ediately changes as he crosses the area of the front bumper of his
marked patrol vehicle, which is consistent with the written statement and verbal clarification he provided. On April
24,
2019, 1 received the subpoena records for James Fulmore' s There does not
appear to be any com unication at the time of the shooting. The times on the phone tolls are in UTC format, and
after adjusting the time difference (four hours behind),there are no records to suggest James Fulmore was
phone at the time of the shooting. Refer to the records for details. I impounded the cel phone records into
evidence. On April 24,
2019, 1 received clarification from Master Sergeant Roland Corrales #31 Training
( Division) in reference
to the Homady 9MM Critical Defense round. Master Sergeant Corrales advised me the velocity at the
muzzle of this round when fired is 1,
175 feet per second. On April 30,
2019, 1 reviewed the case file,and noted an additional supplement to the original domestic violence incident (
HCSO case number 2019- 21 1 100) and noted a projectil was removed from James Fulmore on April 3,
2019.
was removed from James Fulmore' s right side (
refer documented by Deputy Elizabeth Rieger # 254141
for details). I was not informed of this update, but after viewing the supplemental report, I went
to the Evidence Section to view the projectile. I requested the property report ( PR 73694- 001)be transferred
from case number 2019- 211100 to this case number, as it is evidence of the use of deadly force investigation.
Evidence Technician Eddie James 43865 facilitated the transfer of property. I noted the projectile appeared relatively
intact. I completed a FDLE submission for the projectil and hand delivered it to FDLE. I spoke
to FDLE Firearms Supervisor John Romeo, and advised him of the update. He advised me to resubmit Deputy Estanislau'
s FNS 9MM again along with the impounde test fires. l returned to the Criminal Investigations Division and completed
an updated submission, which was hand delivered on May I, 2019. 1 am requesting this case
remain active at this time.This case will be presented to the State Attorney' s Office for review. I will assign myself
an additional follow up. For: 205814 Printed On: May-01-2019 (
Follow Up Report # HS 5
Follow Up Report # HS 5
Assignment Information
Submission Information
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 304 of372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follow Up Report H HS 5
Type of Incident:
D M
I, ( Name of person signing):
Ne' ammia, n
f Oath
Flimcf,"'
nder oath and sxear
earm
or affirm thus ell sulemenu which I give to law Enforcement during this investigation tie
to be Interviewed I.
o
to king in tuviewd by the below lined Hillshorm b Cowry Sheriffs Omce uu Enlargement
consent
wish to make a staem nt and' ur answer gmSions without an anomey, being present. Waiver
of Prosecution Im
1,
request not to by
the HILLSBOROUGH COUNTY SHERIFF' S OFFICE regarding m ed with the mau¢r in which the investigation
was conducted and release the Shenffs Office of any responsibiliN regarding this complaint I requst, my funkier investigation
turn be pursued, davit (
ICis
on
not to be used in lieu of Document of Oath) nnhesreemere
rodetoIM
vude. 7—
—- IMM! v
herby'
convened tfal the premias/ vehicie loused et I V R may be
hat by my Hil sbomugh County Sherifrs Office Iaw Enforcement Official, This worsens extends to the main buildurg and arty enclosures fmmd
on the property. 1 further agre that anytior, or tiny strudel, tMt may be found in the search of the presois / vehicle may be and at
trial In my man er of which I may stand accused. I fully WdeRNa my constitutional rights In regard to the search and it is my Im uon to fully
Max! completely waive such rights by this consent I give this convent freely and voluntarily, wWmmt compulsion or threat cfmy kind. Signed this
7 19_
al 6_ 6M hours Subject y
20 _
Witness:
Deputy: tfep
Witness: Ion) Rn,
On March 26, 2019 at approximately 2245 hours, I was contacted by Major F. Losat # 3664 of the Criminal
Investigations Division in reference to retrieving video evidence. Upon arrival at 1022 Skipper Road Tampa,
Florida 33613 ( Party Pros of Rentalex) I met with Master Detective M. Garica # 5119 of the Criminal
Investigations Division who directed me to the office where the DVR ( Digital Video Recorder) was located. I
met with the owner W/ M Robert W. Krueger who directed the to a closet in the northeast corner of his office
which housed the DVR. Once inside of the closet on top of a mini refrigerator, 1 observed a monitor on top of
the DVR, which was on top of another DVR, along with a keyboard and mouse. 1 noted that the lower DVR was
not operational at the time I observed it as there were no connections. 1 was advised that the monitor was not
operational which prohibited anyone from viewing the stored video. 1 switched out the monitor and reconnected
another one from a nearby office. It was determined the HDMI ( High - Definition Multimedia Interface) cable
was no longer functional. 1 utilized the HD- 15 ( VGA) connector that was connected to the DVR, at this time
I could now view the live video feed. I noted the DVR was a mace brand, model # MVSQ- DVRI6VA, serial
131 141 1240 .] observed on the rear of the DVR, the video in, audio in,I- IDM1, 14D- 15, network, and power cables were
all connected, and the DVR to be operational. The time stamp generator produced a date of 03- 26-
2019, and a time of 07: 21:58 PM. The current date and time was actually 03-26-2019,and a time of 1 1:
27
PM. Master Detective M Garcia #
5119 advised an approximate time of 7:
40 PM to look for the video. I located the video
clip Master Detective M.Garica #5119 was looking for.1 obtained a thumb- drive media stick froth Corporal G
Thomas #5165 so that I could back- up the video from the DVR. 1 returned the media stick to Corporal G.Thomas #
5165 after I completed the back- up copy of CH03 from the DVR. On March 27, 2019 at ap roximately 0830 hours,
I met with W/ M Robert W. Krueger and obtained a signed consent to Search/ Waiver of Search Warrant
form for the DVR. I disconnected the DVR from all of the attached cables, and transported the DVR, mouse,
and power cord to M.Montano #4926 for processing. I was later conta ed by M.Montano 4926 who advised
me the DVR could be transported back to the location on Skipper Road.Upon arrival, I returned the DVR
to its original location within the closet,and reconnected all of the cables to their original state of operation. 1
obtained a case number of 19-21 l 100 which I put on the Consent to Search/ Waiver of Search Warrant form. 1
will attach this form to this case. On March 29, 2019 Eleven (I I)
photographs from the scene that I took
were downlaed to a CD-R, and impounded at the Hillsborough County Sheriffs Office evidence section. I have
no furthe information to provide for this investigation at this time.For: 205814 Printed
Submission Information
Follow Up Conclusion
Follow Up concluded: No
For the complete and accurate interview please listen to the recording and or read the transcripts*****
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 307 of 372
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Rentalex. There were several items of evidence which were already ( narked by patrol units. I waited fora Crime
Scene Unit to arrive and photograph the evidence prior to getting close enough to see the evidence.
Crime Scene Investigator (CSI) Michelle Mermann # 257973 responded to the scene and commenced
photographing and marking the scene. Once CSI. Hemann completed photographing the scene I conducted a
grid line search of the grassy areas next to the sidewalk but met with negative results locating any other evidence.
CSI. Hermann marked the following items with evidence markers:
I - HCSO Patrol Vehicle ( HCSO Tag# ZLY57)
2 - Shell Casing
3 - Shell Casing
4 - Clothing ( Red in color)
5 - Baggie containing possible marijuana inside
6 - Blood
While documenting the items I observed several of the street lights in the area where extinguished.
directed CSI. Hennann to photograph the extinguished street lights to document the conditions. While CSI.
Herman continued photographing and setting up lights to assisting in documenting the scene, I contacted the
HCSO Communication center to request they check their database to locate the owners of Rentalex. Rentalex
had several cameras which were visible from Skipper Rd therefore I wanted to check if their cameras captured
the incident. A short time later I was advised a patrol deputy researched the information and responded to the
owner of Rentalex' s home, contacted the owner, had him respond to the scene, and the owner was standing by
to speak to me. I contacted Robert W. Krueger ( white male D. O. B. 07/ 19/ 65) who is the owner of Rentalex.
Robert Krueger showed the the surveillance system but relayed the monitor is broken and therefore the video
could not be viewed. I notified my supervisors, of the problem with the monitor, who in turn contacted Det. Rick
Woychowski # 3468 to respond to the scene to collect the video. Upon Det. Woychowski arrival 1 introduced him
to Robert Krueger and returned to the scene where CSI. Hermann continued to document and process the scene
with the assistance of Crime Scene Investigator ( CSI) Angela Anderson -Cobb # 257563.
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At approximately 2345 hours, Post -Miranda, Det. Florio conducted a walk through of the scene
with Dep. Daniel Estanislau # 253881 at which time Dep. Estanislau relayed his location during key points of the
incident. During the walk through CSI. Hermann marked where Dep. Estanislau first saw
with a blue A, and where Dep. Estanislau used deadly force with a blue marker B. Based
on Dep. Estanislau' s recollection CSI. Hermann placed a green marker A to indicate location.
Det. Tabor relayed he interviewed a witness who was standing several light poles away from the
incident and asked that we document the approximate distance from the scene the witness was standing. Det.
Tabor relayed the witness was standing in the vicinity of a light pole approximately 100 yards east of the incident
scene. I contacted CSI. Hermann and requested she measure and photograph from the power pole to the incident
scene to get an approximate distance ( see Det. Tabor' s supplement for information relating to the interview).
Myself, Det. Tabor and Det. Florio attempted to locate a projectile from the incident but met with
negative results. We located what we believed to be a strike location on the fence for Rentalex, and had CSI.
Hermann photograph and measure the possible strike point. Without locating the actual projectile there is no way
to be sure what we observed on the fence is a strike point or not. It is merely a possibility and therefore it was
photographed.
Once CSI. Hermann and CSI. Anderson - Cobb completed all of their photographs, video, and
measurements we secured the scene, and 1 secured for the evening.
For the next two weeks 1 was on adverse shift and therefore unavailable to assist on this
investigation*****
On 04/ 16/ 19 at approximately 1500 hours, I served a subpoena to the Hillsborough County School
Board Office of records ( 2010 E. Hillsborough Ave Room 4212 Tampa, FI 33610).
At approximately 1600 hours I contacted, and conducted a digitally recorded interview, with
Hillsborough County Fire Lieutenant Anthony Fonseca. The interview was conducted at the Hillsborough
County Fire Station located at 16304 N. Nebraska Ave Lutz, FI 33549 where Lt. Fonseca relayed the following:
The initial response call was for a domestic. It wasn' t until he arrived on scene that he was infornied by patrol
deputies of the use of deadly force. When he arrived members on the engine unit ivere rending to the victim
medically. While transporting the victim to the hospital they had to intubate him dire to his breathing becoming
more and more shallow. The only thing the victim ever said was that he could not feel his legs. No other words
were spoken by the victim.
For the complete and accurate interview please listen to the recording and or read the
transcripts*****
On 04/ 18/ 19, at approximately 1114 hours, I sat in on a digitally recorded interview with Dep.
Estanislau who came in for an interview with his anomey( See Det. Florio' s supplement).
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 309 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
This concludes my first supplement reference to this incident and my involvement in this case thus
far,
MRE ATTACHMENTS:
None
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 310 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follow Up Report # HS 7
Follow Up Report # HS 7
Assignment Information
Submission Information
On 03/ 26/ 2019 at approximately 1950 hours, Corporal P. Cole ABN 136776 contacted me
by phone to advise of a deputy involved shooting taking place near Skipper Rd. within District 1. 1
requested he and his adverse shift detectives, to include Detective D. Tabor ABN 218707 respond to the incident
scene while Detective K. Rettew ABN 233650 respond to the hospital where the subject was transported. I
contacted detectives J. Florio ABN 205814 and M. Garcia ABN 5119 and requested they respond to conduct the
investigation. I departed my residence and arrived on scene at approximately 2044 hours. I noted crime scene
tape affixed across the roadway of Skipper Rd. at the intersection of Nebraska Ave. Upon arrival, I made contact
with patrol supervisors on scene and learned one deputy was involved and the deputy was D. Estanislau ABN
253881. His assigned call sign for the shift was 2A39. Deputy Estanislau was responding to a domestic violence
call ( HCSO call 19- 21 1 10 ) at 1250 Estanislau attempted to contact the subject
involved with the call when the use of force occurred. I learned the subject who was shot, was identified as
James transported to Tampa General Hospital (TGH).After
receiving the above noted information and after arrival of responding detectives, I asigned Det.
Florio as the lead, M/ Det. Garcia as the scene and myself as assist. I noted Det.Rettew had responded to
TGH for purposes of providing updates and contact with Fulmore' Crime Scene Investigator A.
Anderson -
Cobb ABN 257563 responded to TGH while Crime Scene Investigator M.
Hermann ABN 257973 responded
to the incident scene. The sun had already set and I noted the street lights directly over the incident scene
were not operable, therefore requested portable lighting to be set up by CSI. Due to the incident scene For:
Folio" Up Report N HS 7
taking place upon the sidewalk on the north side of Skipper Rd., a search warrant was not required, therefore
processing commenced. Refer to M/ Det. Garcia' s supplement for details.
was advised of potential witnesses standing by outside of the cordoned off crime scene. I requested
Det. Tabor conduct recorded interviews with the witnesses. See his supplement for details.
At 2055 hours, Det. Renew called to advise was alert and talking within the TGH
Emergency room. He appeared to have sustained one gunshot wound. ER staff were evaluating and further
updates will be provided as received.
Surveillance cameras were noted affixed upon the businesses of the Rentalex and US Storage
facilities. Detectives began contacting the business owners/ managers to access potential footage. 1 noted CSI
Hennann arrived at 2107 hours to begin processing. Due to the incident originally being called in to FICSO
cot munications as a domestic violence incident, I requested a new case number assigned to the use of deadly
force incident by the HCSO communications section ( 19- 21 27 ). 1 also requsted both the domestic violence call and the use
of deadly force call linked within the Versaterm system. After requesting the new case number, I advised personnel on
scen to take note and document under the proper numbers. Der. C.Fisher ABN 167433 had responded to the
scene while in adverse capacity. Det. Fisher advised of more potential witnesses while looking for surveillance cameras.
I was provided with the names of Christopher Schmid and Michelle McCarty who reside at 1231
Four Seasons Dr. as well as potential cameras located at 1215 Four Seasons Dr. ( out of range and blocked by a
privacy fence).On scene CID staff elected to call M/Det. T. Dirks ABN 3721, to respond and assist, therefore l assigned
him the task of interviewing the witnesses noted above. See his supplement for further details. A12203 hours,
I received
a status regading Fulmore' s mother' s during the domestic incident. Deputies at the
scene down the street, had conveyed to their supervisors that her injury was minor to include a small laceration
to the back of her head. The injury is consistent with what was conveyed to the 911 operator from the original
call for service. Fulmore' s sister called hours to report Fulmore had body slammed mother upon
the ground in front of her grandfather' s apartment. Der. Florio and 1
left the incident scen and responded to District I patrol office at 2 13 hours, to make contact with Deputy
Estanislau. I took possession of a new FNS 9mm pistol from Lt.Hollis ABN 5603, in reference to collecting
the deputy' s firearm used in the incident. 1 noted the serial number of the new issued weapon is GKU01 15590.
1 received a call from personnel at the scene to update that the regional director for the Jasmine Terrace apartment complex (
was checking to ascertain if the complex security video is functioning.
Refer to initial patrol reports. Upon contact with Deputy Estanislau at the District I patrol office, CSI
Anderson- Cobb took overall photographs of him wearing his class B uniform, his issued firearm and ammunition. I
noted Deputy Estanislau' s magazine pouch upon his belt, contained two FNS 9mm magazines loaded to capacity
with 17 rounds each magazine ( A close to radio,magazine B close to buckle).The magazine within the issued
FNS 91nm pistol, contained 15 rounds and I round chambered, which would account for the two discharged
casings at the incident scene. FNS 9mm pistols are required by HCSO S.O. P. to be carried at full capacity ( 17
rounds within the magazine and I round chambered, totaling 18 rounds within the holstered weapon). The Streamlight TLR
attached light was noted as functional. For: 205814 Printed On:
HS 7 At 2330 hours,
Det. Florio and 1 responded back to the incident scene to conduct a walk through with Deputy Estanislau. Miranda
warning was read by Det. Florio at 2339 hours. Refer to M/Det.Garcia' s supplement for details of
the walk through and positioning. M/Det. R.
Woychowski ABN 3468 responded to the Rentalex business, 1028 Skipper Rd.in reference to obtaining
the surveil ance/ security video from the property. M/Det. Woychowski met with the manager and provided
access to the DVR within the main office of the business. At midnight, I ac ompanied M/Det. Woychowski into
the office to view the surveil ance/ security footage. The time stamp was 4 hours different than the actual
time, confirmed by M/ Det.Woychowski and CSA M.Montano ABN 4926, see their supplements for details. 1
viewed video from a camera at the front of the business, which captures footage upon the north side of Skipper Rd.
This is where the interaction took place between Deputy Estanislau and Fulmore. The actual shooting is not
captured on video, as both subjects move out of the cameras viewing angle. What l observed
was Fulmore walking west the sidewalk of the north side of Skipper Rd.Deputy Estanislau' s
assigned narked patrol vehicle pulls up to the north side of Skipper Rd.and Estanislau is seen exiting his
vehicle and casually make contact with Fulmore who is several vards away.Fulmore is observed
his body slightly left and skipping or side walking west. Fulmore appears to his left arm then walks off
camera view. Estanislau moves to the front bumper ofhis vehicle and immediately responds to the situation he
observed by quickly dropping his center ofgravity, drawing his firearm and assuming a shooting platform.Estanislau then
is seen moving west toward whatever threat he was assessing, while maintaining his shooting platform stance.
Estanislau then moves off the camera viewing angle. Refer to video. M/Det. Woychowski
copied the footage upon an 8GB thumb drive I had upon my key ring. 1 then transferred the
footage upon my laptop/ desktop and copied it upon Det.Florio' s laptop as wel . M/Det. Woychowski removed the
DVR for the purposes of downloading by CSA Montano the following day.At approximately 0040
on 03/ 27/19 at ap roximately 1320 hours, I responded to TGH and met with M/Det. Dirks for
the purposes of attempting an interview with Fulmore. M/ Det. had ascertained that Fulmore was awake
the intubation tube had been removed. Upon contact with Fulmore within Pediatric
to be awake and able to speak. We did not see his mother present within the room and nursing staff assumed
she had stepped out for a few moments. I called Mrs. Thomas' cell, spoke with her. She provided
permission to speak with her son and advised his father was responding to the hospital today. For: 205814 Printed
GO# HS 2019- 21 27 ACT] VE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED Fol w Up Reporl
N HS 7 After we identif ed
ourselves, Fulmore said he not want to talk. M/Det. Dirks and I advised him if he wanted to speak, his
mother has our contact information. While leaving the hospital, contact was made with Fulmore' s father,
attempt to obtain a statement from his son was
made after permission was given by Mrs. Thomas to him. Mr. Fulmore advised retained the
services of Attorney Cannella Sr.and do not wish to make any statements. I collected Mr. Fulmore' s
the hospital. Upon return to my office, I received an email and voice mail from Attorney Cannella
Sr.requesting all HCSO personnel refrain from contacting his client. I replied to the email and advised
all investigative personnel of the request. In the following
days, Det. Florio kept me abreast of the status of the investigation. On 04/ 15/19, 1 accessed the
LEFTA training database and reviewed Deputy Estanislau' s field training phase . I noted that he was not
recommended for any remedial training and his daily scores were appropriate and high scoring for the level of
phases. Later in the day,a letter was received from Attorney Stephen Romine, who is representing Deputy Estanislau. A
statement of events was authored by Deputy Estanislau, which explained the actions viewed in the
surveillance/ security video, however further questions would need to be asked for explanation and clarity. HCSO Legal
staff would make inquiry with Attorney Romine if his client wished to provide a statement. Attorney Romine coordinated
with HCSO Legal staff and advised he and Deputy Estanislau would meet at CID on 04/ 18/
19 and provide clarity on the written statement previously mailed. I accessed the Nationl Weather Service and Weather
Underground sites for the climate report on 03/26/2019 at the time of the call for service. The climate reports
indicate sunset at 1944 hours and Fair conditions. On 04/18/
19 at 1 100 hours, I attended the meting with Deputy Estanislau and his Attorney Romine at CID.Also
present was ASA Scott Hannon ( State Attorney' s Office- SAO), SAO Investigator Juan Acosta, M/
Det. M.
Garcia, Det. J. Florio and HCSO Assistant Legal Counsel O.
Lindemann. The interview was audio recorded. Refer to
transcribed copy and Det.Florio' s supplement for details. This concludes my
involvement at this time.Any further investigation will be supplemented accordingly. For: 205814
Printed
Follow Up Reporl # HS 8
Follow Up Report # HS 8
Assignment Information
Submission Information
The following is a synopsis of my interview with at TGH on 3/ 26/ 19. For full interview
details, please refer to the audio -recorded interview in HCSO Evidence.
This happened outside her father's residence in the parking lot. When she hit her head, she never lost
consciousness, but she was shocked, it took a breath out of her, and her head was ringing because it hit hard. She
couldn' t believe he picked her up like that, he physically picked her up off the ground and body slammed her.
didn' t have any physical injuries she knows of. Her father,
all witnessed slam her.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 315 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Folio" Up Repon N [ IS R
Once I ended the interview and turned the audio - recorder off, continued to talk
about having mental issues and can' t get him on the right medication. She didn' t want the police called, but
since they were already coming, she was just going to have Baker Acted and not arrested.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 316 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follow Up Report # HS 8
The following is a synopsis of my interview with at TGH on 3/ 27/ 19. For full interview details,
please refer to the audio -recorded interview in HCSO Evidence.
made the following statements. She knows the difference between a truth and a
lie, demonstrated how she knows, and promised to tell the truth while we were talking. Tonight,
called 911 for the police and called 911 for an ambulance. called because she and her brother were
arguing about the car keys and her mom took them. got mad and tried to break the car door handle and her
morn smacked him on the head. then picked her mom up and slammed her on the floor.
She was there to visit her grandpa and when she was arguing with they were outside by the
car. They were arguing over not giving her the keys. While they were arguing, grabbed her by the
head and banged it on the car. He grabbed her head and hair and hit it against the car. They fight all the time as
siblings. She went inside to tell her grandpa hit her and she was crying. said sorry, but was acting all
belligerent, yelling and being loud. After he slammed her mom down, called 911 and was scared of
walked off out of the apartment complex.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 317 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follow Up Report # HS N
The following is a synopsis of my interview with at TGH on 3/ 27/ 19. For full interview details,
please refer to the audio -recorded interview in HCSO Evidence.
made the following statements. She knows the difference between a truth and a
lie, demonstrated how she knows, and promised to tell the truth while we were talking. She was visiting her
grandfather' s residence tonight with her mom, sister, While they were there,
and her sister were arguing over a key. Her mom locked them both out of the car and took the key. tried
to get back in the car and her mom hit on the head because he was trying to break the car door.
then picked her up and slammed her on the concrete. Her mom laid there for a second, called for an
ambulance, and called the cops. While they were waiting for the cops to come, she saw a bunch
down the road in front of the storage place.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 318 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Folio% Up Report # HS 8
On 3/ 26/ 19 at 2005 hours, while working CID adverse shift, 1 was notified by Cpl. Cole # 136776 of
a deputy involved shooting investigation at Skipper Road Tampa, FL 33613 regarding HCSO CAD Call
19- 21 10 . 1 reviwed CAD Call # 19- 21 1 100, which was recivd by HCSO at 1942 hours. The CAD call notes advised "CP CRYING
SAYING SOMEONE IS BLEEDING". Further call notes advised the complainant' s brother threw her on
the floor and the complainant' s brother left. An ad itonal call was linked ( CAD call 19-211101) which advised "
CP ADV HIS 17 YO GRANDSON JUST KNOCKED OUT HIS MOTHER".Cpl. Cole advised he spoke with Cpl. Thomas #5165
who requested I start to respond to the incident scene for asitance. I departed the CID Office and placed myself
en route to CAD Call #19-21 1100 at 2009 hours. While en route to the incdent scen , prior to ever arriving, I
received a phone call from Cpl. Cole at 2024 hours who requested I instead respond to Tampa General Hospital and obtain the
status of the victim of this incident. At 2026 hours, I added a note to the CAD call to
indicate I was en route to TGH. I arrived to TGH at aproximately 2049 hours and first met
with TGH Security, who directed me to the Emergency Room Trauma Unit. Upon entry into the Trauma
Unit, 1 met with Deputy Perez # 254523 and Deputy Service #255039 who briefd me on what they knew about
the victim. Deputy Perez advised me the victim was James Fulmore (black male, date of birth 4/6/
01)and me Fulmore had one gunshot wound to the left
side of his which traveled towards his spine. Deputy Perez advised while Fulmore was being transported by ambulance, he
told EMS Personnel that couldn' t feel his legs. Fulmore was transported back to the
Trauma Unit from cat scan 2110 hours.I observed Fulmore, unclothed, lying on his back on the hospital
strechr and unable to speak. I observed several medical tubes and wires attached to
Fulmore, including a tube inserted into a port in his right which I learned was done by paramedics.
1 noted Fulmore was lying on top of a pair of red plaid which were cut off him by medical personnel prior
to my arrival. I learned from ER Trauma Dr.Sunderland that Fulmore was under "spinal precautions" meaning he suffered spinal
damage and was no reaction to touch in his feet.Dr.Sunderland wanted to limit
Fulmore' s movement, so I was initial y unable to view the to his back. According to Dr.Sunderland,
Fulmore was heavily sedated and suffered a shattered mid - thoracic and fracture. I obtained Fulmore' s medical
chart number ( MRN:100707460). Crime Scene Investigaor Anderson - arrived on scene to photograph Fulmore
and document his injuries and/or lack of injuries. While Anderson - Cobb was taking
photographs, ER Dr.Drukteinis conducted an exam of the gunshot wound to Fulmore' s back and temporarily
rolled Fulmore onto his left side. time, I was able briefly view the gunshot wound. I observed the
wound to be about mid -way up Fulmore' s back,to his left side with apparent blood oozing CSI Anderson -
Cobb was able to photograph the gunshot wound before Fulmore was rolled back onto his back by Dr.Drukteinis.
I not observe any other apparent gunshot wounds to Fulmore. For: 205814 Printed On:May- 01-2019 W
( ed.)
Page 319
372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Folloe Up Reporl # HS S
I received a phone call from Lt. Hollis # 5603 who advised me he believed mother
and sisters were on the way to TGH and requested
photographs be taken of head injury. 1 was escorted by the TGH Chaplain to the family
conference private rooms in the ER lobby where I met with I observed with an elastic bandage
around her head and gauze covering the back of her head. removed the bandage and I observed a shall
laceration on the back of her head. CSI Anderson - Cobb took photographs of and her head injury. I then
asked if I could interview her specifically about how she received the injury to her head and she agreed.
I conducted an audio -recorded interview with For interview details please refer to the interview text
section of this report and the audio -recorded interview, which was later impounded into evidence.
While interviewing I discovered CSI Anderson - Cobb left TGH. I noted Deputy Perez to
be in possession of a paper bag containing the personal property of removed from him by hospital staff.
The property included shoes, necklace, and earrings. 1 also collected previously mentioned
cut red plaid boxers and placed them in a paper bag. I provided the boxers to Deputy Perez and requested he
impound them into evidence, along with the other property removed from I then departed TGH at 2225
hours. I contacted Cpl. Thomas who requested 1 respond to the incident scene to be available for any assistance if
necessary.
I arrived to the incident scene at 2242 hours. I met with Major Losat # 3664 and provided a brief of
the injury to I observed and statements. I relayed what I learned at the hospital regarding the
gunshot wound to left back and suspected spinal damage. I also relayed statement about bei.
thrown on the ground by hitting her head, and and calling the 911. Following my
briefing, I stood by in the grass area on the very south side of Skipper Road, directly across from 1028 Skipper
Rd. ( Rentalex). I was then asked by Lt. Hollis to assist in searching for a projectile within the already opened
Rentalex parking lot. I conducted a line search along the south fence line of the property and equipment, but I did
not locate a projectile.
At 0023 hours, I departed the incident scene to attend a briefing at the HCSO District I Office.
During the briefing, I was instructed by Major Losat to respond back to TGH with Cpl. Thomas and Detective
Florio # 205814 and conduct interviews with
1 responded back to TGH and met
with within the family conference private rooms. 1 asked for permission to speak with her two
daughters while she was interviewed by Detective Florio and she agreed.
I first met with in a separate conference room and conducted an audio -recorded
interview with her. Next, I met with in a separate conference room and conducted an audio -
recorded interview with her. For details of each interview, please refer to the interview text sections of this report
and the audio -recorded interviews, which were later impounded into evidence. I departed TGH at approximately
0240 hours.
I submitted my three audio -recorded interviews for transcription on 3/ 29/ 19. This concludes my
involvement in this investigation.
For 205814 Primcd On: May- 01- 2019 ( Wed.) Pagc 320 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPV
Follow Up Report N US 8
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 321 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follow Up Report # HS 9
Assignment Information
Submission Information
On 03/ 26/ 19, 1 was working the adverse shift for CID. At 1950 hours, I received a phone call from Lt Steve
Lewis # 3464 and he notified the that a deputy was involved in a shooting at Skipper Rd. I then notified
Cpl Greg Thomas # 5165, Sgt Chad Cave # 155902 and Lt Preston Hollis # 5603 via phone about the incident. I
advised Detective Kevin Rettew # 233650 to respond to Tampa General Hospital and Detectives David Tabor
218707 and Chris Fisher # 167433 to respond to the scene. After I arrived on scene, Lt Hollis requested
Detective Fisher to conduct a neighborhood survey in the Village of Tampa MI-IP. I assisted Detective Fisher
with a neighborhood survey with the following results:
1219 Four Seasons Blvd ( Fransico Madera answered the door and advised he did not see or hear anything / no
camera on trailer)
1233 Four Seasons Blvd ( Veilanny Miranda answered the door and advised she did not see or hear anything / no
camera on trailer)
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 322 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Folio" Up Repon p HS 9
MRE attachments:
None
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 323 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Folim, Up Report # HS 10
Follow Up Report # HS 10
Assignment Information
Submission Information
On March 26, 2019, at approximately 2107 hours, Annette Gaddy provided the following information under
sworn verbal oath during an audio recorded interview. During the interview, I noted Ms. Gaddy was visibly
affected by what she had witnessed. She did not appear to be under the influence of alcohol or drugs and I did not
observe any signs of deception.
She was on her way home from dropping her grandson off in Tampa Palms. She was driving west
on Bearss Avenue when she turned onto Skipper Road. When she turned onto Skipper Road she saw a police
officer' s light from his car up ahead of her. There were two or three cars in front of her. As she was approaching
the patrol vehicle, the deputy was out of the vehicle and was approaching a subject wearing all red. As the deputy
was approaching the subject, the subject looked back at the deputy and then took off running west bound on
Skipper Road. Then she heard " 3 pops", and saw the guy dressed in all red fall to the ground. She pulled over to
check on the guy but could not get any more information about what happened. She said she was driving her red
Ford Explorer and the patrol vehicle was a marked vehicle.
She explained she was traveling about 30 m. p. h. and she only saw one deputy who was standing on
the drivers side of the patrol vehicle that was parked. All her windows were in the up position and nobody else
was in her car with her. The man in red, who took off running, only got a few steps away before she heard the
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 324 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follow Up Report M HS 10
3 pops". When she heard the " 3 pops" she said she was " right there, where they were standing." She did not see
anything in the subject' s hands but, " was not looking for anything in anybody' s hands." With her windows up she
was unable to hear any dialogue between the deputy and the subject. She did not see the subject make and furtive
movements. She did not see any muzzle flashes and did not see a gun in the deputy' s hand.
After she stopped her vehicle and got out to check on the subject, she saw an older white male walking towards
Nebraska Avenue. She described him with dark blond hair, late 40' s- early 50' s, facial hair, possible wearing a
plaid shirt and khaki pants. There was also another guy riding a bicycle. She does not know the man who was
walking or the man riding the bicycle.
Above is only a synopsis of the interview conducted with Annette Gaddy. See the audio recording or transcribed
interview for the entire interview in detail.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 325 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Folio. Up Report # Hs 10
On March 26, 2019, at approximately 2143 hours, Annette Gaddy provided the following information under
sworn verbal oath during the second audio recorded interview.
She does not know if the subject in red reached for anything. When the deputy was approaching
the subject, the subject actually stopped, looked over his left shoulder and then began to run westbound away
from the deputy. She did not see anyone reach for anything and she did not see the subject' s arms when he was
running.
Above is only a synopsis of the interview conducted with Annette Gaddy. See the audio recording or transcribed
interview for the entire interview in detail.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 326 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follow Up Report N [ IS 10
On March 26, 2019, at approximately 2202 hours, Jose Delacruz provided the following information under sworn
verbal oath during an audio recorded interview. Mr. Delacruz did not appear to be under the influence of drugs or
alcohol and I did not observe any signs of deception.
He was going to the store to play Mega Millon' s. He exited the trailer park when he observed the
old black man standing in the road in front of with a phone in his hand. A police officer came
from Nebraska and met with the old man. He said the old man was yelling " the one in the red, the one in the red."
The old man was pointing to the guy walking down the sidewalk who was wearing red. The deputy then turned
around and drove towards the guy walking in red. He did not see the guy in red running or any guns. He said
the patrol vehicle stopped, the guy in red was on the sidewalk next to the car, and then he heard " boom, boom,
boom." He did not see anyone exit the patrol vehicle. After he heard the " boom' s" the guy disappeared. He was
about 3 light poles away from where the shooting took place. He said the guy in red was not running away from
the deputy. He thinks the guy in red and the old man were having family problems but he is not sure. He could
not hear any discussion between the deputy and the subject in red because he was too far away.
Above is only a synopsis of the interview conducted with Jose Delacruz. See the audio recording or transcribed
interview for the entire interview in detail.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 327 of 372
ILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
On Tuesday, March 26, 2019, I was working as the adverse detective within the Criminal
Investigations Division when I was notified by Corporal P. Cole ABN # 136776 of a Deputy Involved shooting
at approximately 2010 hours. Corporal Cole advised District I Patrol Deputies were responding to a domestic
call for service ( Hillsborough County Sheriffs Office case number 2019- 211 10 ) at 1250 Skipper Terrace
female victim on the ground with an injury to her head. The suspect was identified
as her son who fled the scene prior to the arrival of responding deputies. Deputies eventually came into contact
with the victim' s son who was walking on the sidewalk along Skipper Road away from the incident scene. At
some point during the interaction with the subject, the deputy utilized his firearm to deploy deadly force.The
shooting took place just west of the original call for service, west of the Jasmine Terrace
was struck by a bullet and transported to Tampa General Hospital. I was first requested to respond to Tampa General
Hospital to check the status of the victim. While pulling into the parking lot of Tampa General Hospital, I
was re- routed to the scene to assist with interviews. While en -
route to the shooting scene, I reviewed the Computer Automated Dispatch for HCSO case number
2019-21 1 100 and leamed is was dispatched as a 380 Domestic -Just Oc ur ed. The response location was listed as
1250 Skipper Road Apartment on 03/26/2019 at 1942 hours. In the remarks of
the CAD call I learned of the fol wing information: "CP CRYING SAYING SOMEONE IS BLEEDING."While driving to
the
incident scene, I was contacted by Corp al Gregory Thomas ABN 95165 via phone, who advised I
was going to asit with interviewing two witnesses who may have observed the shooting. The actual location where
the shooting took place was just west of the apartment complex where the original call for service was received.
I further learned Detective Joseph Florio ABN #
205814 was being assigned as the lead detective and Corporal Thomas
was going to be assisting him.Master Detective Moises Garcia ABN #
51 19 was being assigned as the
crime scene detective. At approximately 2047 hours,
1 arrived at the incdent location. I noted it was dark outside. I arrived at the scen from
Nebraska Avenue. Upon arrival, I observed a patrol deputy standing post on Skipper Road between the railroad crossing
and Nebraska Avenue. The deputy was in his marked patrol vehicle and had his emergency lights activated. The
deputy appeared to be preventing through traf ic from proceeding eastbound on Skipper Road.The
deputy allowed me to proceed east on Skipper Road.I proce ded a short distance where I observed yellow Sheriffs
Ofice Crime Scene tape stretching across the roadway from a light pole on the north side of the
road, just west of the Rentalex, to the white PVC fence on the south side of the road. There were multiple HCSO units
on scene to include supervisory personnel. 1 provided my information to Deputy Magro ABN 2#44912 who
was maintaining the crime scene log on the western perimeter. I proceeded to walk For: 205814 Printed On:
HS 10 east bound on
the south side of the road where 1 made contact with Cpl. Thomas. At this time, Cpl. Thomas proceeded to explain
there were two witnesses who needed to be interviewed. One witness was on the west side of the incident
scene and sitting inside of her vehicle. The other witness was on the east side of the incident scene and was
standing with deputies while waiting to be interviewed. Cpl. Thomas provided me with a brief synopsis at which
time I learned deputies responde to a domestic call for service at 1250 Skipper Road (
victim with an injury to her head. The suspect was identified as her son,who fled the
scene on foot prior to the arrival of deputies. Deputy Estanislau ABN #253881 located the suspect walking westbound, on
the north side sidewalk, away from the incident scene. The suspect was wearing a red long sle ved hoodie.
Deputy Estanislau made contact with the suspect. At some point Deputy Estanislau drew his service weapon
and deployed deadly force. The suspect was struck and subsequently transported to Tampa General Hospital where
he was being treated for his injuries. Cpl. Thomas pointed to the north side of Skipper road and stated
that is approximately where the shooting took place. At that time, I observed an HCSO marked patrol vehicle parked
on the north shoulder of Skipper Road,facing west bound. In front of the vehicle (west of)l observed what
aperd to be red in color clothing. See Master Detective M.Garcia supplement for a detailed description of the
crime scene. I then walked
westbound towards Deputy M. Magro. Deputy Magro pointed to a red in color Ford Explorer that was
parked on the north shoulder of Skipper Road facing west bound. Deputy Magro advised the female witness was
sitting in the driver' s seat of the Ford Explorer. Deputy Magro proceeded to tell me Deputy M. Watts originally
began to interview the female witness before she D( ep.Magro) took over the interview. Shortly into her
interview with the female witness, Deputy J.Blyth ABN #258 27, then took over the interview with the witness.
See respective supplements for further details of those interviews. At approximately 2102
hours, I made contact with the red Ford Explorer ( North Carolina registration plate ADB- 5530)
and noted all four windows were in the up position. I knocked on the drivers' side window and made contact
with the female witness, Annette Gaddy (a black female, date of birth April 28, 1958).1 noted Ms. Gady was
the only occupant inside of the vehicle and she confirmed she was the only occupant inside the vehicle during the
incident. I introduced myself to her and asked if she was wil ing to sit inside of my vehicle where I could
conduct an audio recorded interview with her.Ms.Gaddy agreed to my request. I noted Ms. Gady appeared to be
visibly shaken by what she had witnessed and she did not appear to be under the influence of any alcohol or narcotics.
At ap roximately 2107
hours, I proceeded to conduct the first of two audio recorded interviews with Ms.Gaddy under
sworn verbal oath inside of my vehicle. Those present during the course of the interview were Ms. Gaddy and
myself. The interview lasted approximately 25 minutes in length and was recorded in its entirety. At one point
during the interview, Ms.Gaddy and I exited my vehicle and we walked to the western perimeter of the crime
scene and stopped at the Yellow Sherif s Office crime scene tape. From there Ms. Gaddy explained the patrol vehicle
she saw parked, with the lights on, was between the Rentalex sign and the U.S.Storage sign. It should be
noted, from where Ms. Gaddy and 1 were standing on the western perimeter of the crime scene, she was unable
to identify the exact patrol vehicle the deputy exited prior to approaching the subject in red. It should be noted
during the audio recording 1 stated the interv w was being conducted under HCSO investigation 42019-21 1100.
That is incorrect, as the interview should have been conducted under HCSO investigation For:205814 Printed
Follow Up Report N HS In
2019- 21 27 . See the interviw section for further details. A copy of the interview was later impounded into evidence and submitted for transcription
purposes. At the conclusion of the interview, I asked Ms. Gaddy if she was willing to wait
a few minutes until I could update HCSO personnel with the information I learned via her interview. Ms. Gaddy said
that was fine. Ms.Gaddy proceeded back to her vehicle and I updated HCSO personnel to include Detective Florio.
At ap roximately 2143 hours, I
conducted the second interview with Ms.Gaddy inside of my vehicle. The interview was conducted
under sworn verbal oath and recorded in its entirety. Those present were Ms. Gaddy and myself. During
the course of the 2nd interview Ms.Gaddy and I exited Ivy vehicle and proced to walk into the crime
scene area. We remained on the south side of the roadway and walked over to where she could observe the HCSO patrol
vehicle that was parked facing westbound on the north shoulder of Skipper Road. During this walk through. Ms.
Gaddy advised everything happened on the north side of the roadway. She pointed to the vehicle that was
parked on the north shoulder, facing westbound, and stated that was the area where she observed the patrol vehicle parked.
She pointed west of the front end of the patrol vehicle and said that is where the subject in red was
at.See the interview section for further details. At approximately 2200 hours, I
made contact with witness, Jose Delacruz ( white Hispanic male, date of birth 07/04/
1955).Mr.Delacruz was standing with street crimes deputies awaiting to be interviewed by detectives. At ap roximately 2203
hours, I conducted an audio recorded interviw with Mr. Delacruz under sworn verbal oath. Mr.Delacruz
did not appear to be under the influence of alcohol but did advise he had two shots of whiskey around 6:
00 o'clock. Mr.Delacruz advised he was about 3 light poles east of where the shooti actually took place. It should
be noted during the audio recording I stated the interview was being conducted under HCSO investigation # 2019-21
1 100.That is incor ect, as the interview should have been conducted under HCSO investigation #2019-21 1277.See
the interview section for details of the interview. At approximately 2234 hours, I made
contact with Deputy C.Ziel ABN #220973 who advised he collected video surveillance from the U.
S.
Storage at 1108 Skipper Road, Tampa, Florida 33612. This business is located on the north side
of the street slightly east of the where the shooting took place. I reviewed the video surveillance and noted the camera faces
Skipper Road. While reviewing the video surveillance, l observed a subject dressed in al red walking
westbound on the north sidewalk. He appeared to be agitated as I observed him hit the chain link fence. There
was another subject who was riding a bicycle traveling westbound on the northern sidewalk. The subject on the bicycle
was wearing bright colored clothing and continued past the subject dressed in all red.This subject on
the bicycle may be the person Ms. Gaddy was refer ing to during her interview. The subject continued west on the sidewalk.
1 observed a patrol vehicle traveling from east to west on the north side of Skipper Road. I obtained a
copy of the video surveillance from Deputy C.Ziel and provided same to Detective Florio the following day on March
27,2019. At approximately 2251 hours, I responded
to the Circle K (
14517 Nebraska Avenue North, Tampa, Florida 33613) at the southeast corner
of Nebraska Avenue and Skipper Road in attempts to identify the older white male or the black male
on the bicycle as described by Ms. Gaddy. I made contact with the clerk on duty, Giedarilis Sicard. Ms. Sicard was reluctant
to provide her personal information but did provide a phone number of 813- 277-4850. Furthermore, Ms.
Sicard advised a black male calve into the store and was talking about For: 205814 Printed On: May- 01-
FDlloa Up Report p HS ID
witnessing a shooting which occurred down the street on Skipper Road. She described him as a tall black male,
wearing glasses, and riding a bicycle. The black male is between 50 and 60 years old, with facial hair and looks
like he is homeless. She said he comes into the store right after the shooting occurs. She does not know his name
but said he is a regular customer. I was able to obtain video surveillance from the Circle K between 6: 30 P. M.
and 10: 30 P. M. on March 26, 2019. 1 noted the date and time stamp on the live video feed was accurate with my
HCSO issued laptop computer. The purpose for obtaining the surveillance video was to hopefully identify the
individuals described by Ms. Gaddy and attempt to interview them.
This concludes my involvement in this investigation and I have no further information to report at
this time.
MRE attachments:
None
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 331 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follow Up Report # HS 11
Assignment Information
Capacity: HCSO Crime Lab Org unit: Crime Scene Section CICSO
Assigned on: Mar- 29- 2019 ( Fri.) 1530 by: 244872 - Douglas, Brannon
Report due on: Apr- 13- 2019 ( Sat.)
Submission Information
Name: B.
Original Offense:
Date of
Occurrence: Address of
Occurrence: Address Dispatched:
VICTIM INFORMATION
Name: Fulmore,
Follow Up Report N HS I I
Number Description
1- 3 Overalls of the sealed envelope
4 Overalls of the contents of the envelope
5- 8 Overalls of black Samsung cell phone
9- 15 Overalls of the cell phone and phone case
16- 22 Overalls of the phone case
INVESTIGATION
On March 29, 2019, at approx. 1505 hrs, I met with Det. Florio ( ABN: 205814). Det. Florio
requested photographs of property number 736559- 1 1, a sealed envelope containing a cell phone. Photographs
were taken of the cell phone. The cell phone was repackaged and returned to Det. Florio. Det. Florio stood -by
while the photographs were taken and retained custody of the cell phone. I completed the task at approx. 1525
hrs.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 333 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follow Up Report # HS 12
Follow Up Report # HS 12
Assignment Information
Submission Information
REPORTING OFFICER:
FSB
ABN: 4857
OFFENSE INFORMATION:
Original Offense:
Date of Occurrence:
HCSO Aviation
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 334 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPV
Follow Up Report H HS 12
PHOTOGRAPHS
I Identifier
2- 43 Aerial photos of scene/ area
LATENTS
N/ A
EVIDENCE
N/ A
INVESTIGATION:
On 03/ 28/ 19, at the request of GMI Patel ( ABN # 216374), 1 took aerial photographs of the listed scene/ area.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 335 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follow Up Report p [ is IJ
Follow Up Report # HS 13
Assignment Information
Submission Information
REPORTING OFFICER:
OFFENSE INFORMATION:
VICTIM INFORMATION:
Name:
For: 205814 Printed On: Nlay- 01- 2019 ( Wed.) Page 336 ot372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
PHOTOGRAPHS ( Digital):
No. Description
NONE
LATENTS
Property Report #:
Item Lifts Description
NONE
EVIDENCE
Property Report #:
Item Qty Description
NONE
INVESTIGATION:
On Monday, April8, 2019, at approximately 1219 hrs I was en route to the listed address and arrived
at approximately 1301 hrs. Once on scene, I met with Cpl. Graves ( 4044), Del. Fisher ( 167433), and CSI B.
Douglas ( 244872). 1 assisted CSI B. Douglas with scanning the area with the FARO. Please refer to his report for
further information.
At approximately 1310 hrs we began scanning. At approximately 1451 hrs we cleared the scene.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 337 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
HS V Name: K. Hall
Follow Up Report # HS 14
Assignment Information
Submission Information
Folio"Up
Original Offense:
Use
For:205814 Printed
Follow Up Report N [ IS 14
EVIDENCE IMPOUNDED
Property # 739515
Item Qty/ Wgt Description
INVESTIGATION
On April 15, 2019, at the request of Det. Garcia ( ABN: 5119), writer swabbed the phone and case
for possible touch DNA. Writer examined the phone and case with the Full Spectrum Imaging System ( FSIS)
with the above listed results. Writer processed the phone and case for latent prints with cyanoacrylate fuming
and black powder with the above listed results. Writer further processed the case with " MSTAR" dye stain.
Writer examined the case with an alternate light source with negative results. Latents were forwarded to the
Identification Section under property number 739566.
GMI Kamini Patel observed writer process the phone and case in its entirety.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 339 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follox Up Report N HS 15
Follow Up Report # HS 15
Assignment Information
Submission Information
On 03/ 26/ 19 at approximately 2043 hours, I responded to 1028 Skipper Road, Tampa, FL. 33613. Cpl. P. Cole
136776 and I began canvassing for surveillance video within the Village of Tampa, located at 1201 East Skipper
Road. I looked for video at the following addresses with the listed results:
1215 Four Seasons Boulevard - I made contact with Cynthia Wilcher, B/ F, 1/ 22/ 79 and learned she has a
surveillance system installed. Three of her cameras ( 2, 5, & 6) point north, toward Skipper Road. Those cameras
may provide a limited view of Skipper Road directly behind her residence, which is approximately 450 feet east
of the shooting scene. 1 advised Ms. Wilcher someone may come to retrieve video from her system.
1231 Four Seasons Boulevard - Christopher Schmid, W/ M, 06/ 22/ 85 and his wife, Michelle McCarty, W/ F,
02/ 17/ 84, both stated they heard someone yell and then heard gunshots. Their residence is less than 150 feet
directly south of the shooting scene. l advised them both they would be contacted by a detective for an interview.
At 2153 hours, I was directed to an unrelated incident and left the scene. Before my departure, I passed the results
from my canvassing on to Detective G. Thomas # 5165 for follow- up.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 340 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED
Follow Up Repon # HS 15
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 341 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPV
Follow Up Report # HS 1°
Follow Up Report # HS 16
Assignment Information
Submission Information
Property #' s 739566- 1 and 739566- 2 ( Processed by CSI K. Hall, ABN 247812)
The latent prints received for the above listed property numbers are not of value for comparison to known
subjects or search in the Automated Fingerprint Identification Systems ( AFIS).
For: 205814 Printed On: May- 011- 2019 ( Wed.) Page 342 of372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follox Up Report # HS 17
Follow Up Report # HS 17
Assignment Information
Submission Information
On 3/ 27/ 2019, 1 met with Master Detective R. Woychowski # 3468 at the Special Investigation Division who
provided me with a DVR which had been recovered from 1028 Skipper Rd. After securing the DVR, 1 noted the
following:
Brand: Mace
Channel Capacity 16
HDD S/ N: WMC4M0536169
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 343 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 21 27 ACTIVE/ OPEN BAT ERY- 1 BATTERY - AGGRAVATED Follow Up Reporl N
Frame Rate
Bitrate Channel 1 DI 7
from the DVR hard drive via a Wiebetech Forensic Ultra Dock write blocker utilizing DVR Examiner v2.6.
0 Filesystem v3. 0. 4505 and provided same to Det. Garcia (see export report). I did not review the content of
the video and 1 have no further involemnt at this time.For:
205814 Printed On:
Folio. Up Report # HS IS
Follow Up Report # HS 18
Assignment Information
Capacity: HCSO Crime Lab Org unit: Crime Scene Section CICSO
Assigned on: Apr-20- 2019 ( Sat.) 834 by: 244872 - Douglas, Brannon
Report due on: May- 05- 2019 ( Sun.)
Submission Information
REPORTING OFFICER
OFFENSE INFORMATION
Original Offense:
Date of Occurrence:
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 345 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Follow Up Report # HS 18
EVIDENCE IMPOUNDED
Property # 738996)
Item Qty/ Wgt Description
INVESTIGATION
On April 8, 2019, at approx. 1300 hrs, I met with Cpl Graves ( ABN: 4044), Det. Fisher (ABN:
167433), and CSI Smith ( ABN: 257951) at 1016 Skipper Rd. Cpl Graves requested FARO scans of the area. The
scans were complete at approx. 1451 hrs. I' cleared the scene and returned to the Crime Scene Section. The scans
were processed and registered. I burned a copy of the scan data to a CD and submitted it to the Evidence Control
Section.
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 346 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPV
For: 205814 Printed On: May- 011- 2019 ( Wed.) Page 347 of372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 21 27 ACTIVE/ OPEN BATERY- 1 BATTERY - AGGRAVATED Clearance Information Agency: Hillsborough
County Cleared
status: Not Applicable -
Not Applicable Cleared on: Mar- 27-
2019 (Wed.) ComplainantNictim notified: No For:
205814 Printed On:
Articles - Evidence
Status: EVIDENCE Tag #: HS736542- 1
Article: YCLOTHE- OTHER ITEMS ( MISCELLANEOUS)
Make: NIKE
Model: of pieces: 1
Serial # I: UNKNOWN OAN:
Value: $ 0. 00 Color: Black
Description: BLK AIR JORDAN
Recovered date:- Recovered value: $ 0. 00
Flags: * e
Current Location: WI GEN/ 04/ 1/ 11/ C
Articles - Evidence
Jewelry - Evidence
Status: EVIDENCE
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 349 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Jewelry - Evidence
Status: EVIDENCE
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 350 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPV
Articles
Articles
Firearm
Status: EVIDENCE
Tag #: HS736555- 1
Make: FNH USA
Item: Pistol Type: Semi -Auto
Model: FNS- 9 Caliber: 9MM
Barrel length: 4. 0 Finish: BILK
Serial #: GKU0126648
OAN: Value: $ 0. 00
Description: FNS- 9 PISTOL/ MAGAZINE/ LIGHT FROM D. ESTANISLAU
Recovered date: - Recovered value: $ 0. 00
Current Location: FDLE LAB
Firearm
Status: EVIDENCE
Tag #: HS736555- 2
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 351 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Firearm
Status: EVIDENCE
Tag #: HS736555- 3
Item: Ammunition Type: Semi -Auto
Model: Caliber: 9MM
OAN: Value: $ 0. 00
Description: 15 HORNADV 9MM LUGER LIVE ROUNDS FROM MAG FNS- 9 GKU0126648
Recovered date: - Recovered value: $ 0. 00
Current Location: WI GEN/ 03/ J/ 07/ H
Firearm
Status: EVIDENCE
Tag #: HS736555- 5
Item: Ammunition Type: Semi -Auto
Model: Caliber: 9MM
OAN: Value: $ 0. 00
Description: 17 HORNADV 9MM LIVE ROUNDS MAC " A" D. ESTASNISLAU DUTY BELT
Recovered date: - Recovered value: $ 0. 00
Current Location: WI GEN/ 03/ J/ 07/ H
Firearm
Status: EVIDENCE
Tag #: HS736555- 7
Item: Ammunition Type: Semi -Auto
Model: Caliber: 9MM
OAN: Values $ 0. 00
Description: 17 HORNADV 91VIM LIVE ROUNDS MAG " B" DUTY BELT D. ESTANISLAU
Recovered date:- Recovered value: $ 0. 00
Current Location: WI CEN/ 03/ J/ 07/ H
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 352 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
Articles - Evidence
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 353 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Articles
Articles
Articles
Articles
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HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
Articles
Articles
Articles
Articles
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 355 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Articles
Articles
Articles
Drugs
Status: EVIDENCE
Tag #: HS736559- 5
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 356 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 357 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Articles - Evidence
Status: EVIDENCE Tag #: HS736655- 1
Article: YOFFICI- OTHER ITEMS ( MISCELLANEOUS)
Make: NO BRA
Serial # 1: UNKNOWN CAN:
Value: $ 0. 00 Color:
Description: CD - AUDIO REC INT - CHRIS SCHMID / MICHELLE MCCARTY
Recovered date: - Recovered value: $ 0. 00
Flags: * e
Current Location: WI GEN/ 03/ 1/ 04/ 13
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 358 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 21 27 ACTIVE/ OPEN BAT ERY- I BATTERY - AGGRAVATED Related Property Report(s)
HS736961-
PHOTOGRAPHS OF DVR HARD DRIVE AND DVR MODEL/ SN Recovered date:-Recovered value: $
0.
00 Current Location: Wl GEN/
06/C/08/ H Flags = d (disposed) x (
x-reference) n entered (
on NCIC) *
c ( evidence) For: 205814 Printed On:
Articles
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 360 of 372
HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Articles - Evidence
Articles - Evidence
Articles - Evidence
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HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
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HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 21 27 ACTIVE/ OPEN BATTERY- 1 BATTERY - AGGRAVATED Related Property Report(
s)
Report Information Property
Report #:
736990
EVIDENCE Tag #:
x (
x- reference) n ( entered on NCIC) * c evidence)(
For: 205814 Printed
Articles
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HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
GO# HS 2019- 211277 ACTIVE/ OPEN BATTERY- 1 BATTERY -AGGRAVATED
Articles
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GENERAL OFFENSE HARDCOPY
Articles - Evidence
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GENERAL OFFENSE HARDCOPY
Articles
Articles
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 367 of 372
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GENERAL OFFENSE HARDCOPY
Articles
Articles
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 368 of 372
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GENERAL OFFENSE HARDCOPY
Articles - Evidence
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GENERAL OFFENSE HARDCOPY
Articles - Evidence
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HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
Municipality: TAMPA
District: TI Zone: TB4
General remarks: BULLET EVIDENCE
Related items: 1
Articles - Evidence
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HILLSBOROUGH COUNTY SHERIFF
GENERAL OFFENSE HARDCOPY
For: 205814 Printed On: May- 01- 2019 ( Wed.) Page 372 oF372
ROMINE LAW, P.A.
Stephen L. Romine, Esq.
Florida Bar Board Certified Criminal Trial Law Attorney
600 Bypass Drive, Suite 205
Clearwater, Florida 33765
727) 288- 2258/ Fax ( 727) 288- 2257
Steve@RomineLaw. com
Please find the attached statement from my client, Deputy Daniel Estanislau, regarding the March
26, 2019 shooting of a domestic violence suspect. In addition to the summary of events from the
perspective of Deputy Estanislau, I also wanted to provide your office additional information that
supports our position that this shooting was justified.
The cell phone the suspect held certainly could appear to be a firearm under the circumstances in
this case. It was being held in a manner consistent with a firearm. It was in an area where
individuals carry firearms. It was of a color consistent with a firearm. It was partially concealed.
The fact that Deputy Estanislau immediately verbalized commands to " drop the gun" shows he
believed the suspect had a gun. The fact that his disposition went from trying to calm the suspect
to suddenly becoming alarmed and drawing his gun shows he truly feared what he was faced with.
Significantly, Deputy Estanislau described the cell phone dropped by the suspect as having a
stand" on the back of the phone and that stand was in the " open" position. It is unusual for a
person to cant' a cell phone with the stand in an open position. Stands are meant to prop up a cell
phone on a table or other surface. No one normally carries a cell phone in their waistband or in
their hand with the stand extended.
While a cell phone without a stand attached, or without a stand open, can still be perceived as a
gunl, the stand being open in this case changes the entire profile of a normal cell phone. It further
reinforces Deputy Estanislau' s belief that the suspect was holding a firearm.
I In February this year, FDLE and prosecutors cleared Cocoa Police Officer Xzevies Baez for shooting a man
running towards his vehicle carrying a cell phone. The officer fired at the man six times through his vehicle window
because the officer saw "a black object in his hand" that the man was " about to lift it up ... and that' s when I believe
I was going to be shot at." And it is not just law enforcement mistaking cell phones for firearms. See
htlpsJ/ www fox2lnews wm/ news/ local/ police- called- after- cell- phone- mistaken- for- kun/ 1464604306 ( several
man with a
gun on his hip; it was a large black cell phone).
I understand that your agency has certain duties to not release information during an investigation.
And I understand that the media only can report what information it receives in writing a story.
But the public report that " no weapon was found" in this case unfortunately I believe has created
the impression that nothing was found to explain why the deputy thought the suspect had a gun.
We know the cell phone was on the suspect and that the deputy did not fire his weapon for no
reason. I would anticipate your investigation will confirm this important evidence.
The lighting conditions for Deputy Estanislau to assess this threat were less than ideal. This call
for service reportedly came around 7:45 p.m. and Deputy Estanislau arrived on scene thereafter. I
have attached to this email the U. S. Naval Observatory Sun and Moon Data for Tampa on March
26, 2019. Sunset occurred that day at 7: 44 p. m., before Deputy Estanislau had contact with the
suspect. Civil twilight ended at 8: 08 p. m. Thus, the contact between Deputy Estanislau and the
suspect occurred as dusk was phasing to darkness.
The complaint against the suspect was for violence against his own family, including apparently
striking his own mother. Whether the call alleged a weapon was involved or not does not eliminate
the potential threat that the suspect could be armed. A traffic stop for a simple taillight infraction
has no indication anyone is armed, yet officers still approach that vehicle with an eye towards
assessing that threat, often with one hand on or near their service weapon. Deputy Estanislau knew
he was going to be involved with a person accused of violence against his own family, and that
backdrop to this call matters in assessing the split second decisions he had to make.
Deputy Estanislau has exhibited a history of restraint in using deadly force despite circumstances
that could have warranted it.
In Deputy Estanislau' s performance evaluation review in his personnel file, it was noted that:
As reflected in his August 8, 2017, diary entry, Deputy Estanislau demonstrated poise
and restraint while responding. to a call for service involving a suspect that was
allegedly armed with two hand guns ( 17- 567330). Deputy Estanislau and Deputy
Grace responded and were able to come in contact with the suspect, detained him
without using force and determine the handguns were in fact BB guns. Deputy
Estanislau responded decisively in a critical situation and avoided making an
impulsive decision.
In October of 2018, Deputy Estanislau again exhibited significant restraint in responding to a call
at approximately 9: 52 p. m. of a female with a gun in her hand stating she was " going to shoot
someone." ( HCSO Report 2018- 714004). Upon arrival, bystanders further advised Deputy
Estanislau the female with the gun " was waving, it around."
Deputy Estanislau located the female and observed a " black in color firearm" on her waist. Deputy
Estanislau drew his weapon and advised the female to place her hands on her head, but the female
refused. The female then repeatedly placed her hands back on her waist ( which held the gun) and
into her pockets. It is not hard to envision these circumstances leading some law enforcement
officers to use deadly force when her hands went back towards the area holding the gun. A male
citizen recognized the threat Deputy Estanislau was faced with by the female' s conduct, telling the
female to listen to Deputy Estanislau' s commands or she was " going to lose her life."
2
Despite these dangerous circumstances, Deputy Estanislau showed great restraint and did not fire
his weapon. The firearm tamed out to be a BB gun. The male that witnessed the handling of this
incident stated to Deputy Rivera assisting with this call, " You guys handled that very well and I
glad you guys got here quick."
Two months later, in December 2018, Deputy Estanislau was dispatched to a domestic violence
call where a male was beating a female and had a knife in his hand ( HCSO Report 2018- 885302).
Upon arrival, witnesses pointed out the suspect and advised he had a knife in his pocket. Deputy
Estanislau drew his weapon and advised the suspect in both Spanish and English to place his hands
on a vehicle. The suspect refused, and instead started to advance on Deputy Estanislau. An
individual accused of violence with a knife on his person that charges a deputy -- despite being at
gun point — is a scenario where law enforcement officers may resort to deadly force. It takes just
a second to grab a knife to attempt to stab an officer.
Again, Deputy Estanislau avoided using deadly force. Instead, he hand -checked the suspect that
insanely chose to advance within arn' s reach of Deputy Estanislau while Deputy Estanislau had a
gun pointed at him. Upon pushing the suspect down, two knives approximately seven inches long
fell from the suspect. A witness noted he had one knife in his waistband, and one in his pocket.
This is not a deputy that has a history of being " quick on the trigger" or impulsive. Deputy
Estanislau' s history of facing threats is one of restraint. In the case currently under investigation,
Deputy Estanislau showed that same restraint. He first tried to handle the matter by calming the
suspect. He did not come out of his vehicle aggressively. He tried to simply talk to the suspect
and reason with him in a non -threatening manner. When Deputy Estanislau perceived what he
believed to be a firearm being held by the suspect, he again exercised restraint. He did not fire
immediately. He gave repeated verbal commands.
Had the suspect simply followed the commands given in this case, the outcome would have been
different. All of this could have been avoided if the suspect dropped what he was holding or moved
his hands away from the object.
If a person is carrying a cell phone and a law enforcement officer draws a weapon and verbalizes
they believe the person has a firearm, a reasonable, rational response -- at a minimum — is for the
person to move their hand away from the cell phone or drop it. It is also not unreasonable to expect
that the person would also communicate to the alarmed officer, " It' s just a cell phone, it' s not a
gun," or words to that affect. What is not rational is to ignore the officer' s commands, maintain a
position of holding the object that is a threat to the officer and then make movements with the
object that place the officer in fear of being shot.
This is a very sad incident for everyone involved. However, it is a result that the suspect could
have avoided by simply complying with Deputy Estanislau' s instructions. Thank you for taking
the time to review this. If you have any questions, please let me know.
Sincerely,
3
This summary statement regarding' my use of force is made to the best of my
recollection regarding a very stressful, unexpected situation.
On March 26, 2019, 1 responded to the domestic violence call. As I approached the
call address on Skipper Road, a middle- aged black malewearing glasses on a phone flagged
me down and pointed to the direction of the suspect, stating " that' s him." I turned
suspect was on foot walking away from the call address. I puled up towards the
suspect in my vehicle, parked, and exited the vehicle. I asked the suspect if I could
talk to him for a second. He indicated he did not want to talk. During my initial
observations of him,he was sidestepping, glancing back and forth, and would blade
towards me with his left shoulder. I
began to walk towards him, walking past my front bumper, advising that I just wanted
to get his statement about what happened, try to clear this up, words to that affect.
He appeared very agitated and was acting in a way that I thought he may be getting
ready to run. I was trying to calm him down, both in my tone and in my body language.
As
I walked towards him, he turned to face me. That is the first time I noticed he was
holding a black object in his waistband with his right hand. It ap eared to me to
be a gun. Based on my training and experience, it was in an area consistent where guns
are carried and the manner in which the suspect was holding the object was consistent
with holding a gun. In the split second of seeing this and believing it to be
a gun, 1 drew my weapon. I
recal shouting " drop the gun" repeatedly. I may have also told him to show me his
hands or place his hands up,but under the stress and speed of this incident 1 am not
completely sure of my exact words. The suspect did not comply with any of my commands.
Instead he kept blading towards me,still appearing agitated, looking all around,
and not dropping or moving his hand away from what I beli ved to be the gun.
While his left shoulder was bladed towards me,he then made a movement that appeared
to be positioning the gun towards me with his right hand —
inconsistent With
dropping the gun or moving his hand away from the gun. I thought 1 was about to
be shot and feared for my life. That is when 1 im ediately fired two shots.
The suspect fell backwards. The object he was holding came out of his hand and
landed on the ground. That was the first time I saw that it was a black cell phone
with a stand attached to the back. The stand was in the open position. At no time
prior to firing my weapon did I know or believe the object was a cell phone. I recall
advising dispatch shots were fired, hold station, and have EMS stage.
As soon as he fell, I ran to him. As I patted him down, I asked where he was shot.
He indicated his back, which surprised me. I knew 1 did not shoot him from behind.
I turned him over on his stomach and saw one bullet wound near his left shoulder
blade area, which was consistent with the bladed position he had been in. I did not
see an exit wound.
I put on my gloves and began to apply pressure to the wound. The suspect began
trying to get up. I kept telling him to stay down while 1 maintained pressure to the
wound. Upon Deputy Perez arriving, Quick Clot was applied to the wound. Other
deputies then took over the scene.
At no time after I made clear that I believed he had a gun did the suspect say
anything. He never dispossessed what he was holding and never put his hands up in
the air or out to the side to show he had no intention of being a threat to me or others.
Had he simply complied with my commands, dropped the object or placed his hands
away from the object, this incident would have never happened. 1 tried to diffuse
the situation from the outset and did not initiate this contact with my weapon drawn
or with any intent or desire to shoot anyone.
Sun
0
Sunrise 7: 27 a. m.
Sun transit 1: 36 p. m.
Sunset 7:44 p. m.
End civil twilight 8: 08 p. m.
Moon
Moonrise 12: 45 a. m.
Moon transit 6: 13 a. m.
Moonset 11: 40 a. m.
Closest Primary Moon Phase: Last Quarter on March 28, 2019 at 12: 10 a. m. ( local daylight time)
Phase of the Moon on March 26, 2019: Waning Gibbous with 65% of the Moon's visible disk illuminated.
Back to form
i
3
IN RE:
4
SAO INVESTIGATION
5
7
SWORN STATEMENT OF:
8
TAKEN: Pursuant to Notice
9
TIME: Beginning at 11: 05
10 Concluded at 12: 04 p. m.
12 PLACE:
Tampa General Hospital
13 1 Tampa General Circle
Tamp, Florida 33602
14
18
19 Pages 1- 46
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ORIGINIL
MILLS REPORTING GROUP, INC.
I APPEARANCES:
2
On behalf of the State:
3
JAY PRUNER, ESQUIRE
4 State Attorney' s Office
419 North Pierce Street
5 3rd Floor
Tampa, Florida 33602
6 813) 272- 5400
16
Also Present:
17
Suzanna Zamora
18 Victim' s Assistance
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1 C O N T E N T S
2 PAGE
3 Mr. Pruner 4
Examination by
4 Mr. Alvarez 42
Examination by
5 Mr. Davis 43
Examination by
7 Certificate of Oath 45
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1 P R O C E E D I N G S
7 ahead.
8 DIRECT EXAMINATION
9 BY MR. PRUNER:
11 me, please?
12 A
14 A Yes, sir.
16 A
21 A Yes, sir.
25 to.
1 A Yes, sir.
3 just say, can you say that again or repeat it. Okay?
4 A Yes, sir.
7 you some details, and you take as much time that you
9 think about it or --
10 A Yes.
13 A Yes, sir.
19 your mom.
Okay?
20 A Yes, sir.
2 lives?
3 A Yes, sir.
5 A His name is
6 Q Okay.
7 A Yes, sir.
10 A
13
14 Q
15 A
16 Q Okay.
19 BY MR. PRUNER:
21 A Yes, sir.
23 A No, sir.
24 Q Okay. So again,
we' re not going to go into
4 A I' m sorry.
10 remember that?
11 A Yes, sir.
14 A Yes, sir.
20 A Yes, sir.
22 away from your mother and your sisters where you went
7 kept on
walking. And that' s when he came behind me,
20 A Okay.
2 A Yes, sir.
5 A No, sir.
12 Skipper Road?
13 A Yes, sir.
16 street?
17 A No, sir.
21 A Yes, sir.
24 A Yes, sir.
2 A Yes, sir.
8 A Yes, sir.
12 A Yes.
13 Q Okay.
14 A Yes, sir.
16 A Yes, sir.
17 Q Okay. As -- as
you were walking -- now,
3 A Yes, sir.
5 them?
6 A No, sir.
15 A Yes, sir.
24 Q Okay.
2 A Yes, sir.
4 A No, sir.
6 change or anything?
7 A No, sir.
11 you?
12 A No, sir.
18 A Yes, sir.
21 A Yes, sir.
2 A Yes, sir.
4 A No, sir.
7 A Yes, sir.
9 A It was in my pocket.
11 pants on?
12 A Yes, sir.
16 a --
17 Q Jacket?
18 A Yeah.
19 Q Okay.
20 A A sweater.
22 A Yes, sir.
25 A Yes, sir.
3 A Yes, sir.
13 A Yes, sir.
15 deputy in a --
in a patrol car?
22 A Yes, sir.
25 you?
1 A No, sir.
3 in his car?
4 A No, sir.
6 A No, sir.
10 A No, sir.
13 A Yes, sir.
15 A I kept walking.
17 A Yes, sir.
19 another
a deputy vehicle?
20 A No, sir.
23 nearby?
2 A Yes, sir.
8 A Yes, sir.
11 the car.
15 the sidewalk.
16 Q Okay.
18 around.
21 before?
22 A Yes, sir.
4 that right?
5 A Yes, sir.
10 A Yes, sir.
13 A Yes.
19 Is that what --
20 A Yes, sir.
21 Q Okay.
22 A He said it.
24 remember,
what do you remember him saying?
8 the door open, right behind the door and drawing the
9 gun.
14 A Yes, sir.
18 A No, sir.
20 A Yes, sir.
22 A Yes, sir.
25 A No, sir.
2 that to you?
8 Q Okay.
10 Q All right.
1 A No, sir.
3 A No, sir.
7 A No, sir.
9 A No, sir.
13 A Yes, sir.
15 how you were standing, meaning were you face- to- face
21 And I --
22 Q Okay. Go ahead.
2511
MILLS REPORTING GROUP, INC.
813) 272- 1814
21
5 your head?
7 my ears.
9 when your hands are about even with your ears. Would
11 A Yes, sir.
14 A Yes, sir.
17 A Yes, sir.
My right.
20 me ask you, the cell phone that you had then on this
24 the other?
25 A Yes, sir.
2 like mine.
8 A Yes, sir.
11 deputy. If you --
16 hand?
17 A Yes, sir.
20 A No, sir.
5 from behind and parks the car along the side of the
6 road?
7 A Yes, sir.
9 as -- as
you' ve described it, that you turned kind of
12 Or did you turn all the way around so that your front
13 of yours?
17 been face- to- face with him, meaning your front was
19 A Yes, sir.
23 A Yes, sir.
6 and how you were standing and -- and had the hands
8 A Yes, sir.
11 A No, sir.
13 A No, sir.
15 run --
16 A Excuse me.
19 Do you remember?
20 A I -- I turned to my right.
22 A Yes, sir.
24 deputy?
25 A I heard gunshots.
9 understand my question?
10 A No, sir.
13 A Yes, sir.
16 his door?
17 A Yes, sir.
19 eyes on the deputy? The last time you saw him, where
25 A No --
1 Q Okay.
2 A sir.
3 Q I' m sorry?
8 anything.
9 A Uh - huh.
11 A Like two.
12 Q Okay.
13 A Two shots.
15 run?
22 your mind. Can you tell me why you felt that way?
24 kill me.
25 Q Okay.
2 him.
6 A No, sir.
11 Q I' m
sorry. I didn' t hear the last part.
19 remember?
20 A No, sir.
21 Q Of any kind?
22 A No, sir.
1 A Uh- uh.
4 A Yes, sir.
6 A Yes, sir.
11 Q Okay.
15 A Yes, sir.
19 steps to run.
22 any steps?
2 A No, sir.
5 A I got shot.
12 A Yes, sir.
18 A No, sir.
24 A Medical assistance?
2 or,
you know, the fire trucks, the Fire Rescue
3 things?
5 blood.
6 Q Okay.
7 A Yeah.
9 to help you?
12 shot, did you ever see that deputy again that shot
13 you?
14 A No, sir.
17 A I' m sorry.
22 A It was a man.
1 A He was white.
5 like that?
9 A No.
10 Q About anything?
11 A No, sir.
13 hospital?
14 A Yes, sir.
17 A No, sir.
21 hospital?
22 A No.
24 remember?
4 Q Do you remember
anybody, whether it be the
9 to the hospital?
10 A No, sir.
13 But when the deputy pointed the gun at you, were you
15 A Yes, sir.
16 Q And I' m --
I' m trying to be careful so I
18 fear for your life because of what you saw the deputy
24 A Yes, sir.
8 A No, sir.
11 done.
12
16 BY MR. PRUNER:
19 today. Okay? Before the day that you got shot, it' s
24 contacts where
you -- they' ve come to you or you' ve
25 come to them or
something. You -- and I' m not going
4 A Yes, sir.
8 A Yes, sir.
10 once,
or how many times do you recall that?
15 this: Was there ever any time in the past when a law
18 A Yes, sir.
22 A No, sir.
25 to shoot you?
1 A No, sir.
9 Q Okay.
15 forget that.
20 I' m asking?
22 Q Okay.
5 A Yes, sir.
7 to run?
8 A Yes, sir.
10 A Yes, sir.
11 Q Do you remember --
and I know it' s a very
16 know?
17 A I turned to my right.
18 Q Yes.
20 direction.
25 A Excuse me.
4 A Yes, sir.
5 Q -- run?
Okay. And I' m sorry for the delay.
9 a minute or two?
19 Okay?
21 BY MR. PRUNER:
4 second.
6 spoken.
7 A Me?
17 Like --
18 Q Okay.
24 A No, sir.
2 A No, sir.
3 Q Are you
7 chair.
10 BY MR. PRUNER:
14 correct that you never saw the deputy get out from
16 A No, sir.
18 A No, sir.
22 A No, sir.
1 A Well, yes.
4 curse words.
9 or do you know?
14 A He was
cursing in frustration, like he was
15 mad. Yes.
18 profanity
19 A No, sir.
24 talked about?
25 A No, sir.
1 Q Okay.
5 interaction or
your -- or seeing that deputy? Any
7 remember?
17 EXAMINATION
18 BY MR. ALVAREZ:
23 A Yes, sir.
25 A Yes, sir.
1 EXAMINATION
2 BY MR. DAVIS:
9 not sure.
13 Thanks.
19 on?
2 killed.
6 EXAMINATION
7 BY MR. DAVIS:
11 life.
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1 CERTIFICATE OF OATH
2 STATE OF FLORIDA
3 COUNTY OF HILLSBOROUGH
10
11
12 12aiply M vLLk
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16
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20
21
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1 CERTIFICATE OF REPORTER
2 STATE OF FLORIDA
3 COUNTY OF HILLSBOROUGH
11 notes thereof.
17 in the action.
19
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21 Ralph. M aL k
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