Page 4 - Florida Sentinel 8-30-19

Feature
Deputy Cleared In Shooting That Left Teen Paralyzed
BY IRIS B. HOLTON Sentinel City Editor
The Hillsborough County State Attorney’s Office has criminally cleared a deputy in a police-involved shooting. The incident took place ear- lier this year in North Tampa.
The Shooting
On Tuesday, March 26, 2019, Hillsborough County deputies received two 9-1-1 calls in reference to a domes- tic dispute in which two peo- ple had been attacked. Deputies responded to the
apartment complex in the 1200 block, of Skipper Road. When they arrived, they were told that a 17-year-old had hit his sister and “knocked out his mother.” The callers told police no weapons were involved, but one of the victims was bleed- ing. The callers also said the suspect had left the area on
foot.
The teenager was located
by Deputy Daniel Es- tanislau several minutes later. Shortly after coming in contact with the teenager, Deputy Estauislau fired two shots, striking the
teenager once in the upper body.
In a statement at the time of the shooting, police said, “At the time, Deputy Es- tanislau became in fear for his safety and due to his be- lief that the suspect pos- sessed a weapon, he then ordered the suspect to “Drop the gun, drop the gun.”
However, no weapons were located on the teenager or at the location of the shooting. The teenager re- portedly had a cell phone in his hand.
The unidentified teenager was transported to Tampa
General Hospital, where he was admitted.
Attorney Michael T. Davis, of Kuehne Davis Law, P. A., who is represent- ing the family, said the teenager has been left para- lyzed as a result of the shoot- ing.
State Attorney’s Statement
In a statement released Tuesday, State Attorney Andrew Warren said, “The State Attorney’s Office has concluded its review of the March 26, 2019 non-fatal officer-involved shooting be- tween Hillsborough County Sheriff’s Deputy Daniel Estanislau and a 17-year- old male.
“As part of our exhaustive and independent examina- tion of this incident, we re- viewed witness interviews, interviewed the 17-year-old, analyzed available surveil- lance videos and photo- graphs, listened to 9-1-1 calls, visited the scene to recon- struct the event, reviewed Deputy Estanislau’s per- sonnel records, subpoenaed medical records, discussed the investigation with our grand jury, met with attor- neys representing the 17- year-old, and spent countless hours assessing the facts and applicable law...”
Attorney’s Statement
In response to the news release, Attorney Davis, said in a statement, “The State Attorney memorandum does not absolve the Deputy of wrongdoing. It only con- cludes that the State could not prove a crime beyond a reasonable doubt.
“We are confident that a competent and fair investiga- tion by the Sheriff’s Office will conclude that the shoot- ing was unjustified. As the State Attorney memo con-
cludes, the Deputy shot at a teen who had complied with the Deputy’s command to show his hands. When the teen raised his hands to his chest and showed his hands, the only thing in his hand was a cell phone.
“Yet, the Deputy re- sponded to the teen’s obedi- ence by shooting at him, striking him in the back, and paralyzing him from the chest down. His entire life will never be the same be- cause of the unjustified use of deadly force. A more detailed statement is forthcoming,” he concluded.
Sheriff’s Comments Hillsborough Sheriff Chad Chronister said, “The Hillsborough County Sheriff's Office has been in- formed that the Office of the State Attorney has concluded its criminal review into the Deputy involved shooting which took place on March 26, 2019, at 1028 Skipper Road. The review has con- cluded that no criminal charges are warranted against Deputy Daniel Es-
tanislau.
“As part of the review, the
Sheriff's Office has also learned that the facts of this case were presented to a grand jury convened by the Office of the State Attorney.
“We respect the decision of the grand jury and the conclusion of the Office of the State Attorney that no criminal charges are war- ranted in this matter.
“With the criminal review concluded and no prosecu- tion justified, the Hillsborough County Sher- iff's Office will now begin the process of conducting an in- ternal administrative investi- gation which will review the facts and events of that evening and any applicable policies and procedures.”
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