i EARL MORELAND STATE ATTORNEY .. TWELFTH JUDICIAL CIRCUIT OFFICES Sarasota County DeSoto County Criminal Justice 5 DeSoto County Courthouse 2071 Blvd., Suite 400 6 Lili 115 East Oak Street, Third Floor Sarasota, Florida 34237-7036 Arcadia, Florida 34266-4446 Telephone: 941-861-4400 if fil? Telephone: 863-993-4881 Fax No: 941-861-4465 Fax No: 863-993-4890 and Manatee County R.L. Anderson Building 1112 Manatee Avenue West 4000 South Tamiami Trail, Rm 135 RO. Box 1000 Venice, Florida 34293-5028 August 6* 2012 Bradenton, Florida 34206-1000 Telephone: 941-861-3200 Telephone: 941-747-3077 Fax No: 941-861-3127 Fax No: 941-742-5868 Please Reply To: Sheriff Thomas M. Knight Sarasota County Sheriff 2071 Ringling Blvd. Sarasota, FL 34233 RE: Officer Involved Shooting SSO Case No. 12-42265 Dear Sheriff Knight, The investigation in the above-referenced case was forwarded to me for review. Enclosed please find a memorandum summarizing the facts, testimony, and conclusions as determined by this office. Very gui ur fc R, -. ,.Eat?l??Vai?' Felony Di Chief MEMORANDUM TO: SHERIFF THOMAS M. KNIGHT FROM: W. EARL VARN, FELONY DIVISION CHIEF DATE: AUGUST 7, 2012 RE: SSO CASE NUMBER 12-42265 The Office of the State Attorney has made the following findings and conclusions of law. The findings and concluslons made In report were determined based upon revlewlng the Information gathered durlng the lnvestlgatlon Included Investigative reports, sworn statements, forensic reports of the Sarasota Sherlff's Offlce, The Florlda Department of Law Enforcement, consultation with the Medical Examlner's Office, to the scene and to examine the Jeep along with Dr. Broussard, and the report and Interview of Alexander Jason, an Independent Senlor Crlme Scene Analyst and Force Science Analyst. FACTUAL BACKGROUND On June 11, 2012 at approximately 9:30 deputies with the Sarasota County SherIff's Offlce conducted a traffic stop on the vehlcle Rodney was driving. The reason for the stop was a seat belt vlolatlon. Deputy Shaw the traffic stop ln the 2900 block of North Washington Blvd. However, according to Deputy Shaw, not immediately comply and stop vehlcle. Jesus Torres, a witness near where Deputy Shaw the stop, stated "The jeep not want to stop; the offlcer turned the slren on." During the attempted stop, Deputy Shaw turned on his lights and when Mitchell failed to stop, Shaw repeatedly activated slren. According to Deputy Shaw, when he caught up to the Mitchell vehicle he observed the drlver "movlng around a lot." Rodney Mitchell turned onto Washington Court and travelled a distance before he stopped at 2806 Washington Court. Shaw approached and attempted to speak with Mitchell. Dorian Gilmer was a front seat passenger ln vehlcle. According to Gilmer, he and had just left the Sunoco Gas statlon and were headed northbound on North Washington Blvd. when Gllmer realized they were being pulled over. Gllmer states that made a u??turn on North Washington Blvd. and began headlng southbound. Gllmer stated that durlng the Initiation of the traffic stop the only thing that Mitchell sald was "They not going to pull me, I have on my seat belt; they're not going to pull me." Gllmer stated that Mitchell had seat belt on but that he (Gllmer) did not. Gllmer maintains that there was no other conversation between and Mitchell. Sergeant Troy Sasse was In the area and responded to the traffic stop location. Sgt. Sasse approached the trafflc stop from the opposlte dlrectlon and pulled his vehlcle In facing northbound. Sasse parked ln the northbound lane and approached the vehicle from the front. When Deputy Shaw approached the Jeep he could not see MItchell's hands and instructed Mitchell to put hands on the steering wheel. Mitchell complied by hands on the steering wheel. Shaw then asked Mitchell for drlver's license. After Mitchell to provide drlver's license, Shaw reallzed the Jeep was In drlve because the car "lurched forward." Shaw commanded to put the car In park and then take his hands off of the lever. According to Shaw, put the car ln park; however, he kept hand on the lever. Gllmer confirmed that Dep. Shaw asked to glve him his driver's license and to put the car in park. Gllmer stated that Mitchell was not responding to Deputy Shaw's requests. Sgt. Sasse arrived by this time and took a posltlon near the drlver's slde front tlre. Sasse notlced that Mitchell was not verbally engaging Dep. Shaw and was not making - contact elther of them. Sasse said that Mitchell was looking around and Sasse stated he then saw Mitchell take hand down off the steering wheel. At that polnt, according to Sgt. Sasse, he began to "back up and dlsengage." Sasse stated he then began to draw flrearm. According to Deputy Shaw, after Mitchell put the car In park, but while his hand was still on the lever, Mitchell suddenly put the car In drive. Shaw then attempted to reach In and put the car In park but Mitchell Immediately accelerated away. In sworn statement Dorian Gllmer explained that when accelerated away "He turned the wheel towards my way Ilke with his left hand." Gllmer further stated that "L|ke when he turned the wheel and zoomed off he was already past, basically past the officers." Gllmer ld not believe the officers were ln the way of the Jeep. Gllmer believes that he never saw Sgt. Sasse In front of the Jeep. Deputy Shaw stated that Sgt. Sasse was standing "RIght directly In front of the car. Right In front of Ilke the front fender of the car." Sgt. Sasse belleved that was going to run over with car. Both officers flred two rounds each. Sgt. Sasse stated that he almed "rIght through the at the driver" and he avowed that knew the first one went through the Sasse belleved that both of his rounds were fired a second. Dep. Shaw not remember If Sgt. Sasse fired before or after him, but does remember Sasse out of the way. Shaw Indicated that he Immediately went to Sasse because he was unsure If Sasse had been run over or shot. Sasse received Injuries to the area around and the tip of nose, including some fragments which were imbedded in skin. Sasse belleved these to have been from glass. Sasse also thought he may have been struck by 2 the slde mlrror as the vehlcle went past. Dorlan Gllmer stated that he never observed either officer with gun drawn. Rodney Mitchel|'s vehicle continued southbound crossing through the median of Washington Court, then travelled south one block and subsequently crossed North Washington Boulevard at the Intersection of Martln Luther Boulevard, where It travelled through bushes and Into a gas station parking lot. The car struck two vehicles before finally coming to rest against a barrier pole. Dorlan Gilmer left the scene on foot. After vehicle came to a stop, the drlver's slde mlrror was discovered to have been folded in. Rodney Mitchell was found to be wearing his seat belt. Investigators interviewed several individuals who were In the area of the Sunoco Gas station and another witness who was a few blocks north of the location. Most of the witnesses only heard the shots and then observed the vehicle heading toward the gas statlon and subsequently crashing Into two vehlcles and the pole. Two witnesses thought that the Inltlal gunfire came from the who were inside the Jeep; one thought a shot came from the passenger and the other thought the first shot came from the drlver. There were no witnesses located ln the Immediate surrounding area of the Initlal traffic stop. Rodney Mitchell was on a suspended license. He was stopped previously on May 15, 2012 whlle on a suspended drlver's llcense and was issued a traffic cltatlon. He appeared In court one week before this shooting At his Court appearance, he was informed that since license was suspended for DUI the'State was seeking a sentence of days in the county jail. The Judge at that time Informed Mitchell that lf he continued to drlve that the amount of time he would spend In jall was going to "keep escalating." The Judge told Mitchell that he needed to "stop drlvIng." When Gilmer was asked why Mitchell fled from the officers, Gllmer responded know he dldn't want to go to jail. He had a lot to lose." An autopsy was performed by Dr. Wilson A. Broussard, Jr. who reported that that Mitchell received a penetrating gunshot wound to the left lower temporal area, a laceratlon above eyebrow and a deep gouging graze wound of the left hand. Dr. Broussard also viewed the photographs of the injuries to Sgt. Sasse and stated that Injuries were consistent with being struck by flying glass or lead. Note that Dr. Broussard's final autopsy report ls toxicology results and ls not available at this tlme. 3 FORENSIC ANALYSIS EIQDINGS The Sarasota SherIff's Office, The Florlda Department of Law Enforcement, the Medlcal Examiner's Office, the Florlda Highway Patrol and Alexander Jason, a Senlor Crime Scene Analyst and Force Science Analyst completed various analyses durlng and as a part of this Investigation. Jason Is an Independently employed analyst. The Florlda Highway Patrol attempted to recover crash data from the crash data recorder; however, the retrieval was unsuccessful. It was determined that a 2006 Jeep Llberty does not have recorder Information was confirmed by Englneerlng. The Florida Department of Law Enforcement (FDLE) determined through that Rodney Mitchell was struck by one of the bullets fired from Sgt. Sasses' firearm. The SherIff's Office forensics analysis showed that Sgt. Sasses' first shot hit the front portlon of the metal frame of the drIver's door. This area Is also known as the pillar" area of the front door frame. This bullet measured 5' 1 Pi" from the edge of the front bumper in front of the headlight. The second shot went through the drIver's slde window which was partially rolled down. Deputy Shaw's first shot went through the rear passenger window and lodged In the center alr vent of the front dashboard and second shot struck the rear drlvers slde cargo window. last projectile and was found Iylng In the roadway at the scene. FDLE confirmed that this projectile was flred by Shaw's weapon. Metal fragments less than two In slze were recovered from the corner of the eyebrow of Sgt. Sasse. These fragments were forenslcally tested and determined to be lead. Alexander Jason completed a wlde-ranging and report for the purpose of investigation. During his review Jason performed extensive testing Including but not Ilmlted to and photographing the scene in person, reviewing all of the reports, interviews and statements, viewing and taking measurements of the Jeep, performing tests on a Jeep Llberty door and car body, performing motlon/speed and turning radius studies with a Jeep Llberty the same body englne and year model and human motion studies. Jason determined that the physical evidence ls consistent with Sgt. Sasse standing in front of the vehicle. He explained that Sgt. Sasses' of two shots very quickly whlle through the front windshield is supported by the physical evidence. Jason also determined that because Mitchell turned the vehicle toward the and accelerated suddenly, this resulted in Sasses' first bullet hitting the door frame rather than the front Jason explains this determination by referencing GI|mer's lntervlew ln which Gilmer described Mitchell the car "towards my way" tu the car to the Jason's tests revealed that the first shot was flred from an angle of 15-25 degrees. Jason validates this analysis by test--performIng an Identical model Jeep whlle turning and accelerating 4 and showing a point of aim into the windshield that moves to the door frame as the vehicle - turns to the right. to Jason, the second and fatal shot occurred as Sasse moved laterally away and the vehlcle moved forward. Jason maintains Sasses' two shots together, Including the fatal shot, were possibly flred within 0.35 to 0.45 seconds after Sasse percelved the threat. Jason explained that lt is not possible to determine the trajectory of the second shot because Mitche|l's posltlon at that moment Is unknown. seat was recllned to a 40 degree angle. Dr. Broussard agreed that assessment. Both Jason and Dr. Broussard independently noted that the graze wound to hand most probably occurred as a result of Mitchell throwing his hand up In a defensive movement after the shot was flred. Also, Jason found that the evidence supports that Sgt. Sasse was very close to the vehlcle as lt drove by hlm. Jason noted that Sasse was struck by lead fragments from the rlcochet of Shaw's second shot and for this to have occurred, Sasse must have been very close to car. Jason determined that the actions of both offlcers were "'consistent a restrained and controlled use of deadly force." He noted that both offlcers flred two rounds and not fire after the Jeep accelerated away. See Alexander Jason's forenslc report. THE LEGAL STANDARD FOR THE USE OF DEADLY FORCE The legal standard for the use of deadly force ls whether the officer reasonably belleved that he was In imminent danger of death or serious bodlly injury, and that deadly force was necessary to respond to that threat. The United States Supreme Court has glven Its guidance when to determine whether the use of deadly force was justifiable. The Court focused on the "reasonableness" of an off|cer's declslon and said that "The calculus of reasonableness must embody allowance for the fact that police offlcers are often forced to make split-second judgments--ln circumstances that are tense, uncertain, and rapidly evolving-about the amount of force that ls necessary ln a particular sltuatlon." The Court further explained that "The reasonableness of a particular use of force must be viewed from the perspective of a reasonable officer at the scene, rather than 20/20 vlslon of The question ls whether the off|cers' actions are "objectlvely reasonable" In of the facts and circumstances confronting them. See, Graham v. Connor, 490 U.S. 386, 109 1865, 1867-68, 104 L.Ed.2d 443 (1989). CONCLUSION This Office has determined that when Sergeant Sasse and Deputy Shaw made a decision to use lethal force lt was based on the rapidly unfolding and unexpected circumstances thrust upon them by Rodney decision to disregard their requests and suddenly accelerate ln the direction of Sgt. Sasse. The offlcers' choices were the result of having to instantaneously determine intent based upon actions percelved by them at that moment. The deputies were unaware that had turned his steering wheel to the right 5 as he accelerated, thus very narrowly avoiding Sgt. Sasse. lt ls significant and compelling that In - that same short period of time both officers made a near simultaneous, near instantaneous, and notably independent decision that Mitchell's acceleration toward Sgt. Sasse presented a mortal threat. It is also particularly relevant that both officers took Identical actlon. Moreover, they also contemporaneously determined that once MItchell's vehlcle passed by Sasse, the threat was over and both stopped Two rounds were fired by each officer and all four rounds were fired In that short time frame. As discussed previously, the law authorizes law enforcement officers to use deadly physical force when they reasonably believe It is necessary to defend themselves from the use or use of deadly physical force. Based on all the facts and circumstances known to them at the tlme, it was reasonable for Deputy Shaw and Sgt. Sasse to believe that Sgt. Sasse was ln imminent danger of death or serious bodily Injury. For that reason, and based on the legal standard for the use of deadly force the State concludes that the use of force against Rodney Mitchell was the justifiable use of deadly force. 6