COPY No True Bill 8-22-23 Redacted

IN THE CIRCUIT COURT OF THE
SECOND JUDICIAL CIRCUIT, IN

AND FOR LEON COUNTY, FLORIDA.
GRAND JURY, FALL TERM 2023
IN RE: Officer Involved Shooting involving Asia Fitzgerald in the area of the Tom
Brown Park on May 25, 2023.
IN THE NAME OF AND BY THE AUTHORITY OF THE STATE OF FLORIDA
NO TRUE BILL PRESENTMENT
THIS MATIER came before the Grand Jury on August 22, 2023 to review
the facts and circumstances of the officer involved shooting of Asia Fitzgerald on
or about May 25, 2023 in Tallahassee, Florida. This Grand Jury inquiry is to
determine if the use of deadly force by
, was a justifiable use of deadly force and thus lawful under

the provisions of Florida Statutes Sections 843 and 776. The Grand Jury heard
testimony from Captain John Delgado, an expert on law enforcement's use of force
training and protocols as well as the investigator of this' shooting incident,
Investigator Kelli Isaacs. We heard from law enforcement witnesses including
Officers Robert Steele, examined the firearm involved and reviewed photographs
from the scene. Finally, we reviewed multiple officer body -camera recordings.
This included law enforcement's earlier interaction with a drug suspect, Durrell Lee
who -fled arrest. Their subsequent discovery of Durrell in Tom Brown Park.
Fitzgerald and her companion, Kevin Ramirez, coincidentally living in the area of
the park. Fitzgerald's walking into the darkness and her subsequent ambushoftli~ ·
officers with a rifle. Finally, we viewed the officer's response to the assault.
rn.
O'
FACTUAL SUMMARY
On May 25, 2023, at approximately 8:23pm, the Tallahassee Police

Department (TPD), in conjunction with the Florida Highway Patrol (FHP),
conducted a traffic stop on a gray Mercedes bearing Florida tag LFAU55, near the
. intersection of Apalachee Parkway and Executive Center Drive (within the city
limits of Tallahassee, Florida). The traffic stop was related to an ongoing TPD
General Narcotics Unit (GNU) investigation and surveillance efforts surrounding
drug sales. During the traffic stop the driver provided his license, which identified
him as Durrell Lee, but he fled in the vehicle before the traffic stop was
completed.
At approximately 10:27pm, the Consolidated Dispatch Agency (CDA)

received a call from an anonymous complainant, who stated the suspect who had
fled from the aforementioned traffic stop and "wrecked" his c~, was currently
located at Tom Brown Park (501 Easterwood Drive, within the city limits of
Tallahassee, Florida). The caller provided a detailed description of the subject, ·
which matched Lee's description, and his location within the park. The caller also
advised the subject was wheelchair bound and possibly armed with a gun.
Multiple Officers responded to Tom Brown Park where they located Lee
sitting on a park bench by the playground, just as the caller had advised. Two
additional subjects, later identified as Kevin Ramirez and Asia Fitzgerald, were in
close proximity to Lee when Officers first arrived. However, Fitzgerald walked
away from the area before Officers could form an arrest team to take Lee into
custody. This was due to Lee's disability and the need for a special transport.
As officers continued their investigation of Lee,

encountered Fitzgerald as he was walking back to his vehicle. This encounter
occurred in the area between the playground and the bathroom building, which
was several hundred feet away from most of the other Officers, who were still
near Lee's arrest location. It should also be noted that portion of the park does not
have significant lighting. Since encountered Fitzgerald just
after 11 :00pm, the park was largely shrouded in darkness.
utilized a flashlight to illuminate Fitzgerald as she

walked towards him on the sidewalk. quickly determined
Fitzgerald was carrying an AR-15 style rifle. Fitzgerald did not comply with
verbal commands. In fear for his safety,
unholstered his department issued Glock 17 firearm. As he sought cover behind a
nearby oak tree, saw Fitzgerald point her rifle at him and
subsequently begin firing. remained pinned down behind the
tree while Fitzgerald continued to shoot at him.
The other on scene TPD Officers and a Deputy with the Leon County
Sheriff's Office (LCSO) began rushing towards the sound of gunfire and -
- calls for help. LCSO remained with Lee, who was still
under arrest, by the bench. As the other Officers approached, Fitzgerald began
shooting at them as well. Several law enforcement officers returned fire and
Fitzgerald sustained multiple gunshot wounds. Although Offic~rs, Emergency
Medical Services (EMS), and Tallahassee Memorial Hospital (TMH) staff
provided Fitzgerald with medical care, she later succumbed to her injuries.
Subsequent investigation showed that Fitzgerald and Ramirez had multiple

firearms and a significant amount of ammunition. They had be'en homeless and
living in a van which was found in Tom Brown Park. Durrell Lee's flight to
where they were living was pure coincidence. ·
· Between January and March of 2023, the TPD received intelligence from
both out of state and federal law enforcement agencies concerning Ramirez and
Fitzgerald. This intelligence included information concerning Ramirez who, after
losing custody of his daughter, made references to "suicide by cop," his desire to
be part of"the Cause" and that he would likely be killed by the police. The term
"suicide by cop" is used to describe when a person intentionally acts in a
threatening manner, with the intent to provoke a lethal response from a law
enforcement officer. In such cases, the individual uses the Officer's actions to
commit suicide. The intelligence also indicated Ramirez had attempted to
purchase firearms in two different states during the month of January 2023, but he
was denied purchase based on his background check. However, in March 2023,
after Ramirez and Fitzgerald had an encounter with authorities· in Virginia,
information was received indicating Ramirez had access to an AR-15 and
possibly a shotgun.
Each of these weapons were recovered in Tom Brown Park and a search
of their van recovered a cell phone. Fitzgerald's internet history showed she
visited pages relating to anarchy and guerrilla warfare in May of 2023. In
addition, the phone contained photographs of Fitzgerald posing with the AR-15
rifle inside the van. The photograph was not a "selfie," which indicates a second
person, likely Ramirez, took the photograph. Fitzgerald also had photographs of
herself dressed in all black, including a full-face mask, standing outside near a
wood line. Those photographs contained location information that showed the
images were captured while Fitzgerald was on South Plantation Road in
Tallahassee, Florida.
In all, Fitzgerald shot 32 times in her ambush of these unsuspecting

officers. She was concealed in darkness and armed with a 5.56 caliber assault
weapon at a range ofless than 30 yards. She was tactically proficient and nearly
hit multiple officers. One officer was literally grazed. All local law enforcement
has a general order concerning active shooters like this. They must respond and
stop the threat, even if it costs them their lives. Each of the officers and deputies
on scene ran into the gunfire and stopped this active shooter.
APPLICABLE FLORIDA STATUTES
Florida Statute 843 states one may not knowingly and willfully resist,
obstruct, or oppose any officer in the lawful execution of ~y legal duty. Once
probable cause for an arrest occurs, Section 776.05 Florida Statutes states that a law
enforcement officer need not retreat or desist from efforts to make a lawful arrest
because of resistance to the arrest. The officer is justified in the use of any force
which he reasonably believes to be necessary to defend himself or another from
bodily harm while making the arrest. Florida Statute 776.051(1) states a person is
not justified in the use of force to resist an arrest by a law enforcement officer who
is known, or reasonably appears, to be a law enforcement officer. Florida Statute
776.012 states a person is justified in the use of deadly force only if he reasonably
believes that such force is necessary to prevent imminent death or great bodily harm
to himself or another.
CONCLUSIONS
We the Grand Jury, find that the law enforcement officers in this case were
lawful in their response to this premeditated ambush. When Fitzgerald was first
seen, she was unarmed until she slipped into the darkness. Minutes later, she held
over 80 rounds of 5.56 caliber rifle ammunition and an AR,.15 style rifle. Her
decisions should serve as a reminder of the danger law enforcement faces daily.
Law enforcement was doing the work we ask of them. Here, they were
investigating drug trafficking on a federal prisoner who had abused his medical
release to allow him to again sell drugs. After securing this dangerous suspect, they
were calmly performing the mundane tasks after an arrest. Talking together,
debriefing, and drinking cold drinks on a hot night, they had no idea that they were
being stalked by anarchists.
As this community continues to deal with the challenge of homeless
persons, we must recognize that some of them are incredibly dangerous. Armed to
the teeth and living in a van, these persons had been waiting for an opportunity to
employ guerrilla tactics against law enforcement officers. Their intent was to die
by law enforcement after provoking just such a gunfight. At a moment's notice,
Fitzgerald followed through with her plan.
This was an ambush and the officer's survival is mir11culous. -
- could have parked elsewhere, he could have not seen her walking through
the' playground, he could have not illuminated her with his flashlight. Any of these
would have allowed her to continue to approach with the rifle. - owes his
life to a small oak tree and his fellow officers coming to his aid. Moreover, he
heroically challenged her, armed with only a pistol. At less than 30 yards, she fired
32 rounds into the tree he hid behind and towards the other deputies and officers
who came to his rescue. We wish to recognize - incredible humanity as,
after surviving this banage, he went and recovered his personal medical supplies
and attempted to save her life. Fitzgerald carried over fifty more unfired rounds
that may have hit their mark. In all, law enforcement responded with 102 pistol
shots. The twenty-five hits are a testament to their bravery and skill. They stopped
the threat and then attempted to save her life. Exactly as they had been trained to
do. We thank them for their service and remind our community of the dangers we
all.face. We wish to commend all of the officers and deputies.involved.
THEREFORE, with a quorum present, we find that the conduct of law

enforcement, and specifically the conduct of Tallahassee Police Department
---- - -- -- ---- - - - - - - . -- ---- -- ------ ---- -- --
__ _,_ ----- -----
a lawful and justifiable use of deadly force pursuant to Florida Statutes.
Your Grand Jurors say nothing further in these premises.

RESPECTFULLY SUBMITTED .this 22nd day of August 2023.
,..,
Attest:, __ _ ---Foreperson
Grand Jury Clerk

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IN THE CIRCUIT COURT OF THE

SECOND JUDICIAL CIRCUIT, IN

GRAND JURY, FALL TERM 2023

IN THE NAME OF AND BY THE AUTHORITY OF THE STATE OF FLORIDA

NO TRUE BILL PRESENTMENT

, was a justifiable use of deadly force and thus lawful under

On May 25, 2023, at approximately 8:23pm, the Tallahassee Police

At approximately 10:27pm, the Consolidated Dispatch Agency (CDA)

As officers continued their investigation of Lee,

utilized a flashlight to illuminate Fitzgerald as she

Subsequent investigation showed that Fitzgerald and Ramirez had multiple

In all, Fitzgerald shot 32 times in her ambush of these unsuspecting

APPLICABLE FLORIDA STATUTES

THEREFORE, with a quorum present, we find that the conduct of law

a lawful and justifiable use of deadly force pursuant to Florida Statutes.

Your Grand Jurors say nothing further in these premises.

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