Florida Deputy Opens Fire After Mistaking Falling Acorn As Gunfire
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| An Okaloosa County Sheriff’s Office deputy resigned for opening fire after mistaking the sound of an acorn falling on the roof of his patrol car as gunfire. Credit: Okaloosa County Sheriff’s Office |
FORT WALTON BEACH, Florida - An Okaloosa County Sheriff’s Office deputy resigned for opening fire after mistaking the sound of an acorn falling on the roof of his patrol car as gunfire.
The incident unfolded when deputies responded to McLaren Circle at around 8:42 a.m. after reports of a disruptive vehicle honking its horn since 3 a.m.
Another call reported grand theft auto by Marquis Jackson, who was allegedly making threats to his girlfriend.
Celestiana Lopez said that her boyfriend, Mr. Marquis Jackson, was refusing to return her vehicle and had been calling and texting her threats.
The two separate calls were linked together by deputies.
Lopez showed deputies the threatening text messages from Jackson. In addition, there was a text message picture from Jackson taken from inside the victim’s vehicle showing what appeared to be a firearm suppressor pointing at the dash of the victim’s vehicle.
Sergeant Roberts confirmed with Lopez that she wanted to press charges for a stolen vehicle.
“I know anytime we get into it, whether I'm right or wrong, I, he puts his hands on me or he threatens to put his hands on me. It gets very violent,” Lopez said.
Just after 9 a.m., Jackson walked up to the scene. Deputy Reyna and Deputy Hernandez made contact with Jackson, keeping him roughly fifty feet away from the victim.
Within a minute of Jackson’s arrival, Sergeant Roberts instructed Deputy Reyna and Deputy Hernandez to pat down Jackson.
The internal affairs investigation determined that Jackson was verbally non-cooperative, but he did not offer any physical resistance. Deputy Hernandez then conducted a cursory pat down of Mr. Jackson.
Jackson said he left the car at Lopez’s mother’s house. Lopez called her mother and confirmed that her vehicle was not at her mother’s home.
When deputies determined that Jackson had lied about the location of the victim’s vehicle, Sergeant Roberts told Deputy Reyna and Deputy Hernandez to detain Jackson. They handcuffed him and walked him to Deputy Hernandez’s patrol vehicle.
Outside the view of Sergeant Roberts, Deputy Reyna completed a more thorough search of Mr. Jackson while Deputy Hernandez was present. Jackson was physically compliant with deputies.
After Jackson was detained, searched, and placed in Deputy Hernandez’s patrol vehicle, the investigation continued as the victim completed paperwork. Lopez claimed Jackson possessed a firearm suppressor and potentially more weapons.
When Deputy Hernandez was walking back to his patrol car to conduct a secondary search of Jackson, Deputy Hernandez perceived a pop sound as a gunshot, leading him to believe he had been hit. He responded by firing shots into the patrol car.
In response to what she perceived as a threat, Sergeant Roberts also fired at the car. However, Jackson was not injured, and no weapon was found.
A review of body cam video during an internal affairs internal investigation by the Okaloosa County Sheriff’s Office into the officer-involved shooting later revealed that, as Deputy Hernandez was approaching the passenger-side rear door of his patrol vehicle, an acorn can be seen striking the top of his vehicle.
The Okaloosa County Sheriff’s Office determined his use of force was not objectively reasonable. A policy violation regarding excessive use of control to resistance was sustained.
Deputy Jesse Hernadez resigned December 4th.
The facts and evidence gathered during the investigation also led to the determination Sergeant Beth Roberts’ use of deadly force was objectively reasonable. She was exonerated.
After the initial investigation into the officer-involved shooting was completed, it was reviewed by the OCSO Criminal Investigations Division for any possible criminal charges.
Subsequently, the OCSO requested an independent review by the 1st Judicial Circuit State Attorney’s Office. No probable cause for criminal charges was found.
“Immediately we began working diligently to determine the complete sequence of events and facts surrounding what transpired. Deputy Hernandez resigned during the course of our investigation but was ultimately found to have violated policy. The deputies were cleared of any criminal wrongdoing. But let this be clear, we understand this situation was traumatic for Mr. Jackson and all involved and have incorporated this officer involved shooting into our training to try to ensure nothing similar happens again," Sheriff Eric Aden said in a Facebook post,
"We are very thankful Mr. Jackson wasn’t injured and we have no reason to think former Deputy Hernandez acted with any malice. Though his actions were ultimately not warranted, we do believe he felt his life was in immediate peril and his response was based off the totality of circumstances surrounding this fear. Just as we have an obligation to protect our officers so they can go home safely to their families, law enforcement has the same obligation to any citizen being investigated for a crime."
