OFFHHEOFTHESTATEATTORNEY SIXTH JUDICIAL CIRCUIT OF FLORIDA PASCO AND PINELLAS COUNTIES BERNIE CCABE State Attorney Chief Jeffrey Undestad Largo Police Department 201 Highland Avenue Large, FL 33770 RE: Shooting Incident Resulting in the Death of Linus Phillip Jr. at approximately on March 23, 2018, at the WAWA Station located at 1215 Missouri Ave, Largo, Florida. Dear Chief Undestad: Pursuant to notification by your Department to this office at approximately 7:26 p.m. on March 23, 2018, that a police shooting, resulting in the death of Linus Phillip, Jr- {hereinafter Phillip) at the Wawa located at 1215 Missouri Avenue in Largo, Pinellas County, Florida, we have conducted the following investigation. We arrived at the scene at approximately 8:54 p.m. and were briefed on the events while inspecting the entire scene. We proceeded to the Large Police Department. While at the police department, we took sworn statements from the following individuals: Officer Prentice Ables, Officer Matt Steiner Representatives of our office took sworn statements from the following individuals on March 29, 2018 and April 2, 2018 at the State Attorney's Office: David Michael Harshbarger Jason Rauch Jerry Dilley Kyle Bradley In addition, we reviewed Largo Police Report Pinellas County Sheriff?s Office Crime Scene Reports, photographs and video taken by PCSO, Wawa video, witness statements, radio transmissions, CAD notes, and the autopsy report by Dr. Wayne Kurz, Associate Medical Examiner. Post Of?ce ?ex 5028, Clearwater, Florida 33758 Telephone (727) 464-8221 Chief Jeffrey Undestad Page 2 April 13, 2018 Based upon our investigation, we have determined the facts to be as follows: On Friday, March 23, 2018, during the late afternoon hours, Largo Police Officer Matt Steiner, a member of the Problem Oriented Policing Unit, was on duty in an unmarked patrol vehicle and was parked on the northwest side of Clearwater?Largo Road and Wyatt Street in a car lot, watching for possible narcotics activity at a nearby gas station- Officer Steiner observed a black Nissan Altima driving southbound on Clearwateru Largo Road. Officer Steiner?s attention was brought to the vehicle because of the dark tint on the windows. Officer Steiner suspected that the tint on the vehicle was illegal {subsequently metered at 14%, a violation of Elorida Statute Section 316.2953}. Officer Steiner decided to follow the .altine_ and learned that it was a rental vehicle from. checking its tag. Officer Steiner suspected possible drug activity because, in his training and experience, rental vehicles do not have tinted windows. Officer Steiner notified Officer Prentice Ables, that he was following the Altima, but he was not sure if he had Probable Cause to stop the vehicle for a tint violation. Officer Steiner observed the vehicle switching lanes and slowing down, which caused additional suspicion. The Altima pulled into the News Gas Station at approximately 5:56 p.m. Officer Steiner observed the vehicle stop at gas pump facing west. Gas pump #9 is located on the most northern aisle and the most eastern gas pump. Officer Steiner parked his black Dodge Charger on the north side of the Altima, also facing west, and parallel approximately lml/2 to 2 car away without blocking the Altima?s path. The driver of the Altima, subsequently identified as Linus Phillip, Jr., got out of his vehicle and stood next to the gas pump leaving the driver?s door open. Officer Steiner walked around the rear of the Altima and made a citizen contact with Phillip. Officer Ables parked his vehicle at gas pump #10, facing west. Gas pump #10 is on the opposite side of gas pump Chief Jeffrey Undestad Page 3 April 13, 2018 As Officer Steiner approached the rear of the Altima, Phillip asked ?What are you stopping me for?? Officer Steiner replied, am not stopping you for anything. I am just talking to you.? Officer Steiner asked if the car was his, and Phillip said 'the car was not his and that it was a rental. Officer Steiner asked to see the rental agreement and Phillip said that he had it and then he reached inside the vehicle, retrieved the document and handed it to the officer. Officer Steiner could smell a strong odor of marijuana coming from Phillip and the car when he first approached. Officer Steiner believed he had probable cause to search Phillip and. the 'vehicle. The officer? asked. ?Whyr does the car smell like marijuana?? to which Phillip responded that it didn?t smell like marijuana and that the officer could search the vehicle. Officer Steiner then informed Phillip that he was going to search him first and then the car. that point, Officer Steiner saw Phillip grab two large bulges located in the front pockets of his short- Officer Steiner was face to face and only a few feet away from Phillip, who had his back to the open driver?s door in a very tight space between the gas pump and the side of the vehicle. Officer Ables, who stayed in his vehicle approximately 20 seconds, approached the Altima from the rear. As Officer Ables approached, he overheard Officer Steiner inform Phillip that he (Officer Steiner} was going to search him. Officer hbles also smelled the odor of marijuana as he stood behind Officer Steiner. Officer Ables observed Phillip take a step towards the officers and then quickly turn and got into the driver?s seat. Officer' Ables was aware that the vehicle?s engine was still running. Accordimg to Officer Steiner, Phillip guickly jumped back into the vehicle. Officer Steiner realized that Phillip was going to flee and that he was trapped between the gas pump and the open door. Having nowhere to go, Officer Steiner jumped halfway into the vehicle and. struggled. with Phillip over the gear shifter. Phillip was able ix: put the gear shifter into reverse. During the struggle Officer Steiner repeatedly yelled at Phillip to stop and to put the gear shifter in park. Officer Steiner also tried to put his foot on the brake in an effort to prevent the car from leaving. Officer Ables also yelled commands to Phillip and pushed Officer Steiner into the vehicle as the vehicle started to move in reverse. Officer Ables had to quickly Chief Jeffrey Undestad Page 4 April 13, 2018 disengage because ins was iJi fear (If being struck tux the open door and also being run over by the vehicle. As the vehicle was about to accelerate in reverse, Officer Steiner held onto the open door and pulled out his firearm, thinking that that would. get Phillip?s attention to stop the vehicle. Officer Steiner feared for his life as the vehicle rapidly accelerated in reverse. Consequently, Officer Steiner discharged his firearm four times: one bullet entered the upper portion of the left side back; one bullet entered the mid portion of the left side back; one bullet entered the upper portion of the left arm; and one bullet grazed the upper portion of the left leg. Doctor Wayne Kurt subsequently opined that the cause of death was nmltiple gunshot wounds and the manner of death was homicide. Officer Ables was able to safely retreat to the east side of the pumps as the vehicle accelerated rapidly in reverse. Officer Ables observed Officer Steiner hanging onto the vehicle and was about ix) be pulled underneath. fficer Ables observed Officer Steiner discharge his weapon as the altima continued to rapidly accelerate in reverse. Officer Steiner fell out of the vehicle as it rounded gas pumps #9 and #10 in reverse, with the driver's door passing over his body. The vehicle continued in reverse in a vdde arc and ultimately struck the guard at pump which is on the opposite side of the island where the Altima was initially parked. After striking the pump guard, the Altima proceeded forwabd at idle speed. The vehicle proceeded in a southeastern direction traveling between idea guards pumps ihl and The Altima struck a red Mercedes parked at the business and then proceeded forward. Officer Steiner was able to open the driver?s door and put the vehicle into park. Officer Steiner removed Philip from the vehicle and began CPR. Fire rescue responded and transported Phillip to Largo Medical Center' where he was subsequently pronounced deceased. Officer Steiner was subsequently treated at Morton Plant for abrasions, a knee sprain, and other minor injuries that he received when he fell to the ground. Chief Jeffrey Undestad Page 5 April 13, 2018 We reviewed multiple News video cameras which captured footage depictimg the arrival ch? the hltima an: gas pump iHl at approximately 5:56 p.m. and where Officer Steiner parked his vehicle. The camera footage is limited. and does not show the encounter between Officer Steiner and Phillip. The footage does not depict Officer Steiner entering the Altima and the ensuing struggle as the vehicle initially proceeded in reverse. The videos capture the Altima as it rounded the pumps in reverse at a high rate of speed, with the driver?s door open. The video corroborates the testimony of Officers Steiner and hbles and several civilian witnesses. David parked his truck and lawn trailer facing west at pump The hltima parked directly behind his lawn trailer. Mr- saw (Jfficer- Steiner approach Phillip. Mr. overheard the officer cordially greet Phillip and ask the man if the car belonged to him. Mr. also heard the officer ask for paperwork regarding the car. Mr. did not hear any conversation regarding marijuana or a search. Shortly thereafter, Mr. thought Phillip was going to flee. Mr. saw Phillip enter the vehicle first and then Officer Steiner entered. Mr. said that the man ?throwed it in in reverse and floored its? Mr. heard the sound of shots being fired after the car accelerated in reverse as it turned around the gas pump. Mr. described the event as ?kind of scary.? Michael Harshbarger was at the Wawa and heard someone yelling ?Stop!? three times before he heard three gunshots. Jerry Oilley was pumping gas when he heard someone yelling ?Stop. Hey you. Stop;? the sound of a car accelerating; then the sound of three gunshots. The following drugs were located in Phillip?s front shorts pocket: approximately 5.8 grams of marijuana, 6.6 grams of crack cocaine, 12.2 grams of powdered cocaine, and hydromorphone pills. Cash in the amount of $1,632.00 was found in Phillip?s other shorts pocket. As a result of the investigation conducted by this office, we have determined that Officer Matt Steiner was in the lawful performance of his legal duty when he made the initial citizen contact with Linus Phillip, Jr. Officer Steiner developed probable cause to search Linus Phillip, Jr. and his vehicle upon smelling as strong' odor of Inarijuana when he Inade the initial Chief Jeffrey Undestad Page 6 april 13, 2018 citizen contact. When Linus Phillip, Jr. reuentered the Altima and attempted to flee, Officer Steiner and Officer Ables were placed in danger of great bodily harm from being struck by the open door. Officer Steiner?s only option was to enter the vehicle to prevent Linus Phillip, Jr. from placing the car into reverse. After a brief struggle, Linus Phillip, Jr. was able to place the car into reverse. Despite repeated commands to stop, Linus Phillip, Jr. accelerated in reverse, thus placing Officer Steiner in imminent fear for his life. Therefore, it is the conclusion of the State Attorney?s Office that the death of Linus Phillip, Jr. was the result of having been shot by Officer Matt Steiner in the legal performance of his duty and the shooting was Justifiable Homicide, pursuant to Florida Statute Section 776.012. This letter may be released to the news media or utilized for any other purpose. Sincerely, ?'zzww?ici BERN I MCCABE State Attorney nnf?dllLEZS