Florida deputy shot at unarmed man after mistaking sound of falling acorns for gunshots

An Okaloosa County Sheriff’s Workplace deputy, who opened fireplace on an unarmed Black man in his patrol car after mistaking the sound of falling acorns for gunshots, has tendered his resignation.

Based on FOX 35 Orlando, the November 2023 incident occurred after former Okaloosa County Sheriff’s Deputy Jesse Hernandez and different colleagues responded to a neighborhood to analyze a automobile theft report that was made by the girlfriend of a male suspect.

The Okaloosa County Sheriff’s Workplace in an announcement stated that the girl additionally claimed her boyfriend Marquis Jackson had been calling and sending her threatening messages. Jackson later confirmed up on the scene and was detained, searched, handcuffed, after which put behind Hernandez’s patrol automobile.

The sufferer additionally knowledgeable the deputies that Jackson was in possession of a silencer, although she couldn’t inform the place it was, the assertion stated. She added that Jackson had multiple weapon.

“As Deputy Hernandez was returning with a Sufferer’s Rights kind for the caller, different deputies discovered the sufferer’s car at 1656 Hunt Membership Road,” the assertion stated. “Deputy Hernandez was approaching the passenger facet rear door of his patrol automobile to do a secondary search of Jackson when he heard a pop sound which he perceived to be a gunshot and believed he had been hit. He started yelling ‘photographs fired’ a number of instances, falling to the bottom and rolling.”

Hernandez then fired at his patrol automobile earlier than one other deputy who had responded to the scene additionally shot on the car “in response to the perceived menace.” Jackson happily didn’t maintain any accidents from the taking pictures and no weapon was discovered, the assertion stated.

The Okaloosa County Sheriff’s Workplace Skilled Requirements in a subsequent investigation into the taking pictures decided Hernandez’s use of pressure was not objectively cheap. “A coverage violation relating to extreme use of management to resistance was sustained,” the assertion stated.

The opposite deputy who opened fireplace was cleared of any wrongdoing after the investigation decided her use of pressure was objectively cheap. “After the preliminary investigation into the officer concerned taking pictures was accomplished, it was reviewed by the OCSO Legal Investigations Division for any doable felony fees,” the assertion added.

“Subsequently the OCSO requested an unbiased assessment by the first Judicial Circuit State Legal professional’s Workplace. No possible trigger for felony fees was discovered.”

Hernandez, who had been with the Okaloosa County Sheriff’s Workplace since January 2022, resigned throughout the investigation.

“Instantly we started working diligently to find out the entire sequence of occasions and details surrounding what transpired. Deputy Hernandez resigned throughout the course of our investigation however was finally discovered to have violated coverage. The deputies have been cleared nevertheless of any felony wrongdoing,” Sheriff Eric Aden stated within the assertion.

“We’re restricted in additional response resulting from pending litigation. However let this be clear, we perceive this case was traumatic for Mr. Jackson and all concerned and have included this officer concerned taking pictures it into our coaching to strive to make sure nothing related occurs once more.”

Aden continued: “We’re very grateful Mr. Jackson wasn’t injured and we’ve got no motive to assume former Deputy Hernandez acted with any malice. Although his actions have been finally not warranted, we do imagine he felt his life was in instant peril and his response was primarily based off the totality of circumstances surrounding this worry. Simply as we’ve got an obligation to guard our officers to allow them to go dwelling safely to their households, regulation enforcement has the identical obligation to any citizen being investigated for against the law.”