‘WILLIAM "BILL" EDDINS 18-9th Avenue ‘STATE ATTORNEY ‘Shalimar, FL 32579 Telephone: (850) 651-7260 Website: hitpsisa0t.co.escambia f.us Orrice oF State ATTORNEY FIRST JUDICIAL CIRGLIT OF FLORIDA To: State Attorney William “Bill” Eddins Sheriff Larry Ashley, Okaloosa County Sheriff's Office Investigator Steve Weyer, Okaloosa County Sheriff's Office FROM: William Bishop, Assistant State Attorney DATE: May 5, 2016 SUBJECT: Homicide of Okaloosa County Sheriff's Deputy William “Bill” Myers Officer involved Shooting Death of Joel Dixon Smith Incident Date: September 22, 2015 This review is based upon the Okaloosa County Sheriff's Office’s Investigative Report #OCSO15OFFO12044 and #OCSO15OFFO12307 which were provided to the Office of the State Attorney. THE FACTS: ‘On September 20, 2015, Joel Dixon Smith, hereinafter referred to as Smith, was involved ina domesti lence incident with his wife at their home in Niceville, Florida. Smith left the residence that night, taking person items, cash and a handgun. Smith made a statement that if ‘the “cops” were called, then someone would leave in a “coffin”. On September 21%, Smith’s wife filed for a Domestic Violence Injunction against Smith. The temporary protection order was signed that day. A condition of the order was that Smith was required to surrender all firearms to the Okaloosa County Sheriff's Office. Smith was notified of the injunction and the need to be served with the injunction. Smith contacted his attorney, Michael Gates, and made arrangements to be served with the injunction on September 22, 2015 around 8:00 a.m. at Michael Gates’ law office located in Shalimar. On the evening of September 21, 2015, Smith rented hotel room #205 at Comfort Suites in Niceville, Florida. On September 22, 2015, around 8:00 a.m., Smith arrived at Michael Gates’ office. Mike Gates’ office personnel contacted the Okaloosa County Sheriff's Office to make arrangements for the injunction to be served at the law office. Okaloosa Deputy William “Bill” Myers, An Equal Oppottniy /Alirmative Acton Empleyor ‘Sorving Escambia, Okaloosa, Santa Rosa and Wallon Countieshereinafter referred to as Deputy Myers, was on duty asa civil process officer and was sent to the Gates law office to serve the injunction on Smith. Deputy Myers parked his marked patrol unit near the front door of the law office next to Smith’s vehicle. Deputy Myers came into the lobby and met with Smith, a receptionist and Michael Gates. Deputy Myers explained the injunction to Smith, including the provision about surrendering of firearms. Deputy Myers inquired about firearms possessed by Smith and Smith advised that they were in his vehicle parked in the parking lot. Deputy Myers informed Smith he would need to collect those firearms before he left. Deputy Myers served the injunction on Smith. Smith again stated the firearms were in his vehicle outside. Deputy Myers started out the front door of the office with Smith behind him. Smith stood up and made the statement “My life is over” and pulled out a handgun from under his clothing. Smith fired 2 shots at Deputy Myers as he stepped out the doorway. Smith moved to the doorway and fired 2 more rounds at Deputy Myers from the doorway. Deputy Myers was struck by 2 rounds, One round struck Deputy Myers in the back and the projectile lodged in Deputy Myers’ body armor. The second round struck Deputy Myers in the back of the head, passing through his skull and exiting out the forehead. Deputy Myers collapsed in the parking lot next to his patrol vehicle. He was pronounced dead later that afternoon Smith then exited the law office and left the scene in his vehicle. Several witnesses, both inside and outside the office, saw the shooting and were able to obtain the description and license plate numbers as Smith left the scene. The information was dispatched immediately and within minutes, Smith was seen traveling toward Niceville, Florida on Highway 85. Smith drove to the Comfort Suites in Niceville, Florida where he had rented a room the night before. He parked his vehicle at the front door, exiting the vehicle armed with a handgun. He immediately entered the hotel and made his way to room #205 and barricaded himself in the room and a standoff ensued. Members of the Okaloosa County Crisis Negotiation Unit and Okaloosa County Sheriff's Office Special Response Team were mobilized and negotiations with Smith began. Negotiations with Smith continued for over (1) one hour. Several negotiators attempted to convince Smith to surrender peacefully and to come out of the hotel room without his firearm. During these negotiations, Smith was making telephone contact with numerous persons, including family members. During these calls, Smith made the following statements: = “Lam going to kill myself” - “my life is over” ~ _ “V'm not going to go to jail” ~ “All really want is for you all to kill me. I'm not going to kill myself, I’m more into you all shooting me” “’m not going to kill myself, 'm going to force the officers to kill me” These statements by Smith were relayed to the negotiators and to the deputies who were outside of Smith’s hotel room attempting to get Smith to surrender peacefully. -2-During the entire negotiation, Smith was assured that if he surrendered peacefully and came out without a firearm, he would be taken into custody peacefully. The decision was made by the Okaloosa County Sheriff's Office to deploy tear gas into Smith’s room and force him to come out of the hotel room peacefully, Smith was repeatedly told to come out peacefully without a firearm. The tear gas was deployed and Smith began to exit the hotel room. Numerous commands were given for Smith to put his hands up. Smith started out the door of. the hotel room holding a handgun and he began to raise the gun in the direction of the officers outside the hotel room. The officers, fearing for their lives and the lives of their fellow officers, fired at Smith. The shots fired by the Okaloosa County Sheriff's deputies struck Smith multiple times and were the cause of his death according to the autopsy performed by the medical examiner. Officers entered the room after the shooting and recovered a .40 caliber Smith & Wesson handgun near Smith's body and holster fitting the handgun on the bed. Ballistics testing on the firearm showed that it was the weapon that was used to kill Deputy Myers. The DNA analysis of the firearm revealed that Smith’s DNA profile was located on the firearm. ISSUE: Were the Okaloosa County Sheriff's deputies justified in using deadly force against Joel Dixon Smith? Law: Florida Statute 776.05 provides that a law enforcement officer need not retreat or resist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. Furthermore, the statute provides that an 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 an arrest. Florida Statute 776.051 states that a person is not justified in the use of force to resist an arrest by a law enforcement officer ... if the law enforcement officer was acting in good faith and he or she is known or reasonably appears to be a law enforcement officer. Additionally, Florida Statute 776.012 states that a person is justified in the use of deadly force when a person reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another. CONCLUSION: On September 22, 2015, Joel Dixon Smith, while being served a Domestic Violence Injunction by Okaloosa County Deputy William “Bill” Myers, murdered Deputy Myers by shooting him in the back of the head without any provocation. Joel Smith then fled the scene of that murder and subsequently barricaded himself in a hotel room. Law enforcement had -3-sufficient probable cause to arrest Joel Smith at that time for murder. The deputies were acting in the lawful execution of their duties on September 22, 2015. The initial attempts to apprehend Joel Smith were frustrated by his own behavior. Instead of submitting to the authority of the deputies, Joel Smith chose to arm and barricade himself in a public hotel room, which presented the potential for further violence to others. The Okaloosa County Sheriff's Office personnel secured the hotel and called in their Special Response Team which was @ reasonable and rational response to a barricaded and armed suspect. ‘The Okaloosa County Sheriff's Office utilized negotiations to peacefully resolve the situation. This was again not productive and Joel Smith again chose not to cooperate. The deputies opted to use less lethal methods to end the stalemate. At first, the deputies believed that the tear gas had worked and they observed Joel Smith exiting the hotel room. However, Joel Smith still held the firearm in his hand and chose to ignore the deputies’ orders to drop the ‘weapon. Instead, for reasons only known to him, Joel Smith chose to raise the firearm and Point it in the direction of the officers. The action of pointing a firearm, after just murdering a law enforcement officer, is an act which reasonably placed the deputies in fear of death or imminent harm. All deputies state they fired their weapons because they feared for their lives and the lives of their fellow officers. ‘The actions and choices of Joel Smith on September 22, 2015 ultimately led to his death. The deputies with the Okaloosa County Sheriff's Office attempted to take Joel Smith into custody without using deadly force. However, when Joel Smith pointed the handgun at the deputies, their response by shooting and killing him were justifiable. The death of Joel Smith was a result of the justifiable use of deadly force and no criminal charges should be filed against the deputies. Respectfully submitted, William B. og Assistant State Attorney