IN THE CIRCUIT COURT OF THE FIFTEENTH

JUDICIAL CIRCUIT, CRIMINAL DIVISION

IN AND FOR PALM BEACH COUNTY, FLORIDA

DS MICHAEL GAUDREAU, 7785

WEST PALM BEACH POLICE
DEPARTMENT
Agency case number 012-MI-14-0288

STATE OF FLORIDA CASE NO. 2022CF001321AMB

Booking No. 2022004343
vs.

NICHOLAS SALVATORE LORDI,

_________________________________/

NO FILE FOR:

The evidence provided cannot prove all legally required elements of the crime alleged and is
insufficient to support a criminal prosecution.

DAVID ARONBERG
STATE ATTORNEY
Date: April 26, 2022

/s/
______________________
By: REID SCOTT
Assistant State Attorney
FL. BAR NO. 0028413
RS/*

CLERK AND SHERIFF TO RESCIND NO CONTACT ORDER

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 OFFICE OF THE STATE ATTORNEY
FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY

DAVID ARONBERG
STATE ATTORNEY

April 27, 2022

CLOSE OUT MEMORANDUM

To: File
From: ASA Reid Scott
Re: Use of Force Investigation: Officer Nicholas Lordi

Summary of Findings

The facts surrounding the officer-involved use of force are not in dispute.
There are numerous police reports, statements, as well as body worn cameras
("hereinafter" BWC) with audio, and surveillance video documenting the incident
in great detail.

On November 1St, 2019 Officers Nicholas Lordi and Jamesloo Charles

responded to a complaint of a trespasser at the Food Plus Convenience Store at 5501
Broadway Avenue in the City of West Palm Beach. The BWC of Officer Lordi
shows that upon arrival at the scene, was uncooperative and
belligerent with Officers Lordi and Charles. The BWC shows indisputably that
appears intoxicated and was launching racial insults at both Lordi, who
is white, and Charles, who is black. During the entire encounter, both Lordi and
Charles maintained a calm and professional tone with The surveillance
video shows flailing his arms and nearly striking Lordi in the face
multiple times. It is also important to note that while was
of age, he appeared to be physically fit in the BWC.

As Officer Charles attempted to verify identity and

investigate the complaint, appeared to advance towards Officer Charles,
who was sitting in his patrol car with his attention diverted. also raised
his right hand while standing next to a civilian. Seeing possibly
advancing towards his partner or preparing to strike the civilian, Officer Lordi made
a split-second decision to grab and detain him. Officers Lordi and
Charles had probable cause to arrest for trespassing, resisting without
violence, disorderly conduct and potentially disorderly intoxication at this point.
While attempting to secure handcuffs on Officer Lordi instructed him
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more than 10 times to put his hands behind his back. Because had
committed multiple criminal offenses, Lordi's commands to place his hands behind
his back were lawful orders. Despite Lordi's instructions, continued to
resist and refused to put his hands behind his back. Surveillance video showed
physically resisting and fighting with both officers. was strong
enough to prevent both officers from being able to restrain him, and at several times
caused the officers to nearly go to the ground.

At approximately 17:43 on the BWC, Officer Charles screamed in a panicked

voice, "gun!" At this time, was positioned between Lordi and Charles.
The unedited surveillance video from the convenience store clearly shows
grabbing Charles' gun belt in the area of his fireaiiii.' continued to fight
with Charles, knocking his BWC to the ground. Immediately when Charles' BWC
hit the ground, began reaching towards the ground fighting for an object.
It was not known what object hit the ground at that moment. As the officers
struggled with they were able to get one aim cuffed before losing control
of that arm. then had the ability to use that arm with a flailing cuff as a
weapon. As the struggle went to the ground, BWC showed that had his
hand over Officer Charles' face, pulling him downwards with his fingers in Charles'
mouth and eyes. When pulled Charles to the ground, his gun was exposed
to Seeing attacking his partner, Officer Lordi attempted to
restrain from the rear.

Lordi attempted to get to release Charles by hitting him in the face.

The glancing blows to are from a rear position and had no apparent effect
on Visible on BWC, a citizen attempted to grab arm to
prevent him from attacking Officer Charles. continued to be
noncompliant and combative as Charles stood up and drew his conducted electrical
weapon. Lordi was able to take a mount position on and strike him four
times in fewer than two seconds in a continued effort to get to comply
with law enforcement commands. Officer Lordi did not elevate his use of force
beyond "hands on." Officer Charles had his conducted electrical weapon drawn and
pointed at but did not fire it even though he had the legal justification to
do so. The incident lasted under 22 seconds from the time that reached
for Officer Charles' gun until he was successfully detained.

' The surveillance video initially provided to law enforcement and released to the public appears
to have been edited and relevant portions removed.

401 North Dixie Highway, West Palm Beach, Florida 33401

Phone: (561)355-7100
www.sa15.org

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Once was detained and handcuffed, Officers Lordi and Charles

attempted to process the scene according to protocol. continued to be
non-compliant, spitting blood at Officer Lordi. Lordi's BWC showed that he
implored multiple times to "stop." During this encounter, Lordi took a
tactical mount position on for a duration of fewer than 12 seconds to
restrain and prevent him from spitting on the officers. continued to be
non-compliant and resistive during this time. Lordi withdrew from the tactical
mount position as soon as ceased resistance. During the tactical mount,
Officer Lordi's weight was never fully on Mr. and his knee was never in
the face or throat of Mr.

Mr. was subsequently arrested and taken to St. Mary's Medical

Center for evaluation. At the hospital he was diagnosed with a broken nose.
did not suffer a traumatic brain injury or a skull fracture. It is important
to note that had visited local trauma centers on three prior occasions in
the 23-day period before the encounter for face and head trauma.

Statement of the Law and Analysis

The United State Supreme Court has on multiple occasions recognized an

officer's need and right to use force, including deadly force. "While it is not always
clear just when minimal police interference becomes a seizure, there can be no
question that apprehension by the use of deadly force is a seizure subject to the
reasonableness requirement of the Fourth Amendment." Tennessee v. Garner, 471
U.S. 1, 7 (1985).

Any law enforcement officer use of force—whether deadly or not—during a

seizure of an individual must be analyzed under the Fourth Amendment's
"reasonableness" standard. Garczynski v. Bradshaw, 573 F.3d 1158, 1166 (11th Cir.
2009) (citing Graham v. Connor, 490 U.S. 386, 395, (1989)). Determining whether
the force used is reasonable "requires balancing of the individual's Fourth
Amendment interests against the relevant government interests." Cty. of Los
Angeles v. Mendez, 137 S.Ct. 1539, 1546, (2017) (citing Graham, at 396). "The
operative question in excessive force cases is 'whether the totality of the
circumstances justifie[s] a particular sort of search or seizure. Id. (quoting Garner,
at 8-9). As the United States Supreme Court recently summarized, "the
reasonableness of the use of force is evaluated under an objective inquiry that pays
careful attention to the facts and circumstances of each particular case. And the
'reasonableness' of a particular use of force must be judged from the perspective of

401 North Dixie Highway, West Palm Beach, Florida 33401

Phone: (561)355-7100
www.sa15.org

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a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. We
thus allow for the fact that police officers are often forced to make split second
judgments—in circumstances that are tense, uncertain and rapidly evolving...
Graham, at 396-97. Excessive force claims...are evaluated for objective
reasonableness based upon the information the officers had when the conduct
occurred. That inquiry is dispositive: When an officer carries out a seizure that is
reasonable, taking into account all relevant circumstances, there is no valid
excessive force claim." Id. at 1546. When an officer reasonably believes an
assailant's actions place him, his partner, or those in the immediate vicinity in
imminent danger of death or serious bodily injury, the officer can reasonably
exercise deadly force. Horton v. Pobjecky, 883 F. 3d 941, 949 (7th Cir. 2018).

It is crucial to remember that pursuant to Florida Statute s. 776.05, a law

enforcement officer need not retreat or desist from efforts to make a lawful arrest
because of resistance or threat of resistance of arrest. The officer is justified in the
use of any force he believes necessary to defend himself or his partner from bodily
harm while making the arrest. Fla. Stat. 776.05 (2022) (emphasis added). Further,
law enforcement officers are eligible to assert immunity under Florida's "Stand
Your Ground" law even when the use of force occurred in the course of making a
lawful arrest. State v. Peraza, 259 So. 3d 728 (Fla. 2018).

"As to deadly force, a police officer may use such force to dispel a threat of
serious physical harm to either the officer or others, or to prevent the escape of a
suspect who threatens this harm." Singletary v. Vargas, 804 F.3d 1174, 1181 (1 1 th
Cir. 2015). "We have held that it is reasonable, and therefore constitutionally
permissible, for an officer to use deadly force when he has 'probable cause to believe
that his own life is in peril.' "(quoting Robinson v. Arrugueta, 415 F.3d 1252, 1256
(11th Cir. 2005)); see also Morton v. Kirkwood, 707 F.3d 1276, 1281 (11' Cir. 2013)
("In the deadly force context, we have observed that a police officer may
constitutionally use deadly force when the officer...has probable cause to believe
that the suspect poses a threat of serious physical harm, either to the officer or to
others...").

The evidence in this case shows that Officers Lordi and Charles responded to
a call on a report of trespass for an individual who had been previously trespassed
from the same establishment. Upon arrival, Mr. was extremely
belligerent and abusive towards both officers. During the encounter, Officers Lordi
and Charles maintained a calm and professional tone with Having
probable cause to arrest Officer Charles attempted to verify Mr.

401 North Dixie Highway, West Palm Beach, Florida 33401

Phone: (561)355-7100
www.sal5.org

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status. As Charles' attention was diverted, Lordi had a reasonable

belief that was advancing towards Charles. At that point, Lordi grabbed
e and attempted to detain him. resisted lawful orders,
commands and arrest by refusing to comply with Officer Lordi's instructions.

As he was resisting, appears to be reaching for Officer Charles'

firearm, which is corroborated by the audio of the BWC as well as the officers'
statements. Further, it is important that the surveillance video showed
and Charles in a fight for an object on the ground. It is objectively reasonable to
believe that Charles thought that his gun was on the ground, and that Charles
believed e was trying to obtain his gun. next attempted to
wrestle Charles to the ground by the leg, then grabbed Officer Charles by the face
and pulled him to the ground backwards. Seeing this sequence of events and
believing that himself and/or Officer Charles was in danger of great bodily hariii,
Officer Lordi employed non-deadly force to stop aggression. Given
the totality of the circumstances, Officers Lordi and Charles would have been
justified even in the use of deadly force give actions. At the time of
the non-deadly force, Officer Charles had a reason to believe that Lordi was in
danger, as demonstrated by Charles' drawing his conducted electrical weapon.
Further, Officer Lordi ceased the use of force immediately upon his perception that
advances had stopped.

Under the law, both officers reasonably reacted to what they perceived as an
immediate threat of serious harm to themselves. This is exactly the type of "tense,
uncertain and rapidly evolving" crisis envisioned by the Supreme Court in Graham.
Additionally, the officers were attempting to make a lawful arrest, and as such had
no duty to retreat. See § 776.05, Fla. Stat. (2021).

Conclusion

Accordingly, the investigation will be closed without further action by this

Office. No charges will be filed, nor will the matter be presented to the Grand Jury.

REID SCOTT
Assistant State Attorney

401 North Dixie Highway, West Palm Beach, Florida 33401

Phone: (561)355-7100
www.sal5.org

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