SHORT STORY: Officers received a radio call about a person and his dog causing a disturbance. Officers A and B responded. Officer B activated his body camera. Suspect and other persons with him showed signs of intoxication. Officers told the persons they would have to leave. Suspect yelled a racial slur at Officer A and left. Suspect walked to another open business, loitered out front and yelled racial epithets at people walking into the business. Officer A requested an additional unit. Suspect became involved in a minor scuffle with a witness. The witness pushed the suspect to the ground. Officers told the witness that they would deal with the suspect. Officers told the suspect to place his hands behind his back. Suspect yelled expletives and did not comply. Officers struggled with suspect and took him to the ground. Officer A believed that the suspect was trying to take possession of his partner’s gun and fired 2 rounds into the suspect. BOPC FINDINGS: AD on Tactics; AD on D & E; AD on U of F: Tactics: (1) did not discuss tactics prior to making contact; (2) crossfire; (3) did not handcuff and search suspect. D & E: (1) video did not show suspect’s hand near Officer B’s holster, no reasonable belief that situation would escalate to point where deadly force may be justified. U of F: (1) video did not show subject’s hand near Officer B’s holster and Officer B did not feel jerky movements on holster nor did Officer B make any statements or actions suggesting suspect was trying to take away his pistol.
