STATE ATTORNEYFourth Judicial Circuit of Florida ANGELA B.COREY

311 West Monroe Street STATE ATTORNEY

Jacksonville, Florida 32202Tel: (904) 255-2500Fax: (904)255-3009

STATE ATTORNEY REVIEWJUSTIFIABLE USE OF DEADLY FORCE BY A LAW ENFORCEMENT OFFICER

Florida Statute 776 and Florida Statute 782.02

Date of shooting: May 12, 2015 S.A. Number: 15-29619

In re investigation of the death or injury to:

Name: D'Angelo Reyes StaIIworth

D.O. B.: 10/28/86

SUMMARY OF THE FACTS:

1. On the morning of Tuesday, May 12, 2015, Deputy S. Srozinski, a 25-year-veteran withthe Jacksonville Sheriff's Office (JSO), and Deputy T. Blum, a 24-year-veteran withJSO, shot and killed D'Angelo Stallworth at the Planter's Walk Apartments, located at7350 Blanding Boulevard, Jacksonville, Florida. This is the first officer-involved shootingfor both Deputy Srozinski and Deputy Blum. For the reasons outlined below, the StateAttorney's Office has concluded that Deputy Srozinski and Deputy Blum were justified inthe use of deadly force against Stallworth.

2. At approximately 10:00 a.m. on May 12, 2015, Deputies Srozinski and Blum wereassisting two Planter's Walk Apartment employees, Jamie Pena and Javier Rosa, withan eviction inspection. Deputies Srozinski and Blum were assigned to JSO's "Civil Unit".Both deputies were wearing standard, navy blue JSO uniforms, with the JSO shield onthe left chest and both shoulders. The deputies entered apartment 130, a second-storyapartment, to ensure that no one was inside the apartment before Ms. Pena and Mr.Rosa entered. After the deputies found that no one was inside the apartment, Ms. Penaand Mr. Rosa joined the deputies inside the apartment.

3. While all four were inside apartment 130, Deputy Srozinski noticed a man, lateridentified as Stallworth, on the rear porch of apartment 130. Stallworth was walkingaway from the utility closet located just behind apartment 130. Stallworth's presencewas of concern to the deputies because no one was supposed to be present inapartment 130. When Deputy Srozinski exited the sliding-glass door to the porch area,Stallworth reappeared carrying a children's bicycle. Stallworth walked back to the utilitycloset behind apartment 130 and set the bike down. Stallworth then picked up a blanket

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that was lying on the floor of the utility closet. When Stallworth lifted the blanket a blackand silver semi-automatic pistol could be seen lying on the floor of the closet. DeputySrozinski immediately asked Stallworth if the gun belonged to him. Stallworth said "no",but then Stallworth quickly grabbed the gun. Startled by Stallworth's sudden actions,Deputy Srozinski immediately grabbed Stallworth's arm with one hand and the gun withthe other, attempting to gain control of the gun. Stallworth refused to release the gunand instead struggled with Deputy Srozinski over control of the gun. At one point in thestruggle Stallworth forcefully pushed the barrel of what appeared to be a loaded semi-automatic firearm directly into Deputy Srozinski's chest.

4. During the struggle for the gun, Deputy Srozinski alerted Deputy Blum of the situationby yelling the word, "Gun!" As Deputy Blum made his way to the porch he could seeStallworth pressing the gun into Deputy Srozinski's chest. At that point, both deputiesfeared for their lives and the lives of the two civilian maintenance workers who werestanding nearby. When Deputy Blum got to the porch, Stallworth ripped the gun fromDeputy Srozinski's grasp and broke free from Deputy Srozinski. Stallworth then randown the staircase that led from the porch to the ground behind the apartment. Bothdeputies believed Stallworth still had possession of the firearm as he ran down thestairs. As Stallworth continued running down the stairs, Deputy Srozinski repeatedlyyelled, "Stop!" and both deputies drew their JSO-issued firearms. Stallworth refusedDeputy Srozinski's lawful command and continued running down the stairs. WhenStallworth got to the bottom of the staircase he turned to run in a direction that took himin front of the two deputies. While doing so, Stallworth turned and looked up at the twodeputies. When Stallworth turned in their direction, both deputies feared for their livesand for the lives of the two maintenance workers who were behind them. Both deputiesfired their pistols at Stallworth. Stallworth continued running for a short distance andthen fell to the ground.

5. When Stallworth fell to the ground, Deputy Srozinski immediately went to check onStallworth. Upon seeing Stallworth's condition, Deputy Srozinski called for rescue fromhis shoulder-mounted radio. Rescue responded to the scene, but Stallworth waspronounced dead at the scene.

6. Stallworth's pistol, a 9mm Smith & Wesson, was located on the porch of apartment 130.The magazine to Stallworth's gun was found on the ground at the bottom of thestairwell. The magazine to Stallworth's gun contained 16 live 9mm rounds. Stallworth's9mm pistol is pictured below. An examination of the deputy's firearms revealed thatDeputy Srozinski fired his pistol four times and Deputy Blum fired two times.

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7. Two DNA labs tested evidence collected in connection with this case. DNA LabsInternational (DLI) examined Stallworth's pistol and the magazine to the pistol. DLI'sDNA analysis revealed the following: a DNA sample from pistol's grip, trigger and slideyielded a mixture of DNA. Stallworth was excluded as a possible contributor to themajor DNA profile. A DNA sample from pistol's front and rear sites yielded a mixture ofDNA. The DNA mixture was inconclusive for comparison purposes. The DNA analysisfrom the magazine also yielded a mixture of DNA. The major profile of the DNA mixturefrom the magazine matched Stallworth. The Florida Department of Law Enforcement(FDLE) examined swabs collected from Stallworth's pistol, the magazine to the pistoland the 16 live rounds from the magazine. FDLE's DNA analysis revealed the following:the swab collected from the magazine and live rounds yielded no DNA. The swab fromStallworth's pistol yielded a mixture of DNA. One of the contributors to the DNA mixturewas determined to be one of the JSO crime scene detectives that processed the scene.Deputy Srozinski could not be included nor excluded as a possible contributor to theDNA mixture collected from the pistol. Stallworth was excluded as a possible contributorto the DNA mixture collected from the pistol.

8. Inside the blanket that Stallworth lifted in the closet of apartment 130 were two glassjars of marijuana. One jar contained 44 grams of marijuana and the other, a larger jar,contained 82 grams of marijuana. A DNA examination (by FDLE) of samples taken fromthe two jars revealed that Stallworth's DNA was found on the larger jar of marijuana.The swab from the smaller jar of marijuana contained a mixture of DNA, but the amountof DNA was insufficient to determine whether or not Stallworth was a contributor to thatDNA. The two jars of marijuana and blanket are pictured below.

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9. Ms. Pena and Mr. Rosa were interviewed the day of the shooting and provided swornstatements. Both Ms. Pena and Mr. Rosa were standing on or near the porch to

apartment 130 when they saw Stallworth standing at the utility closet to apartment 130with a small bicycle in his hands. Both Ms. Pena and Mr. Rosa heard Deputy Srozinskiask Stallworth if the gun on the ground belonged to him. According to Ms. Pena and Mr.Rosa, Stallworth did not respond to Deputy Srozinski's question, but instead Stallworthgrabbed the gun. When Stallworth grabbed the gun, Deputy Srozinski immediatelygrabbed Stallworth and began struggling with him for control of the gun. Both Ms. Penaand Mr. Rosa saw the gun waiving around as Deputy Srozinski and Stallworth struggledfor it. Ms. Pena and Mr. Rosa heard Deputy Srozinski yell "Stop!" two times afterStallworth broke free and ran down the stairs. Both Ms. Pena and Mr. Rosa saw DeputyBlum come onto the porch as Stallworth broke away from Deputy Srozinski and randown the stairs. Because of where they were standing, neither Ms. Pena nor Mr. Rosa

could see which way Stallworth was facing when he was shot. Mr. Rosa was the onlyperson who was aware that Stallworth's gun had fallen on to the porch during thestruggle.

lO.Stallworth's girlfriend Latrell Johnson lives in apartment 132, which is adjacent toapartment 130. Ms. Johnson is the only adult listed on the lease for apartment 132. Thelease provides that guests are not permitted to stay in the apartment for more thanseven days (without prior written consent) over the term of the year-long lease. Ms.Johnson was interviewed at the scene and provided a sworn statement. Ms. Johnson

and Stallworth have a three-year-old daughter in common. Ms. Johnson stated thatStallworth does not live with her, but that he did spend the night with her at apartment132 the night before the shooting. Ms. Johnson stated that she was in her masterbedroom, which is in the front of the apartment, when she heard two gunshots comingfrom the back of the apartment. Ms. Johnson said she did not hear anything before thegunshots. When she heard the first two gunshots, Ms. Johnson said she ran to the backdoor of her apartment and looked out her closed, sliding-glass door. Ms. Johnson saidshe saw two uniformed JSO deputies standing on the porch of apartment 130, shootingin a downward direction. Ms. Johnson said that because of her position inside herapartment, she could not see at whom or at what the deputies were shooting. Ms.Johnson stated that after the shooting, she ran to the bottom of the stairwell that herapartment shares with apartment 130. Ms. Johnson said she doesn't believe shetouched or moved anything when she ran down the stairs. Ms. Johnson stated she wasnot aware of Stallworth using the utility closet to apartment 130 for any purpose, andshe was unaware that Stallworth possessed any firearms. However, Ms. Johnson statedshe was aware that Stallworth used marijuana. A sworn statement was taken fromanother person who claimed to have seen the shooting, but that person's account wascompletely unsupported by the physical and testimonial evidence.

11. The autopsy of Stallworth revealed he had been shot three times. From the top ofStallworth's body to the bottom, the gunshot wounds were as follows: one shot enteredStallworth's body just below his right shoulder, posteriorly. The bullet had a slightupward and back-to-front trajectory and traveled from Stallworth's right side to his leftside. Another bullet entered Stallworth's body in the back of his right leg. The bullet had

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an upward trajectory as it passed through his leg from back to front. Another bulletentered the front of Stallworth's left leg. This bullet's path is front to back and downward.

LEGAL ANALYSIS:

1. Florida Statute 776.012 provides, in part, that a person is justified in the use ofdeadly force and does not have a duty to retreat if that person reasonably believes thatsuch force is necessary to prevent imminent death or great bodily harm to himself oranother, or to prevent the imminent commission of a forcible felony. Additionally, FloridaStatute 782.02 provides in part, that the use of deadly force is justifiable when a personis resisting any attempt to murder such person or to commit any felony upon him or her.

2. Florida Statute 776.05 provides, in part, that a law enforcement officer isjustified in the use of any force which he or she reasonably believes is necessary todefend himself or herself or another from bodily harm while making an arrest.

3. At the time Deputies Srozinski and Blum discharged their firearms:

(1) Stallworth ignored Deputy Srozinski's question about the semi-automatic pistol on the floor of the utility closet;

(2) Stallworth grabbed the pistol;(3) Stallworth fought Deputy Srozinski, a uniformed law enforcement

officer, for control of the pistol;(4) Stallworth pushed the barrel of the firearm into Deputy Srozinski's

chest;(5) Stallworth fled from Deputy Srozinski;(6) Stallworth refused Deputy Srozinski's lawful command to stop;(7) Stallworth turned toward Deputies Srozinski and Blum while fleeing

from them.

CONCLUSION:

THEREFORE, it is the opinion of the undersigned Assistant State Attorney thatthe use of deadly force in this case by Deputies Srozinski and Slum was justifiablepursuant to Florida Statutes, Chapters 776 and 78^0^, ^he Florida Standarpf/JuryInstructions and applicable case law.

JoW. Guy i/As^Tstant State AttorneyDijfector-Homicide Major Crinr^ Unit

I have reviewed the findings presented and concur in the_opiniQQ that the use offorce in this case was justifiable. ^ .^ /v_) / -^

c^C\^Cu^)^WAngela^ Corey ^State Attorney

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CRIMINAL HISTORY OF DEANGELO REYES STALLWORTH

CRIMINAL HISTORY

12/29/2010: Battery (Domestic): WHA; 1 day DCJ

NOTIFICATION OF INVOLVED PARTIES

Police Notification:

$ Name/ID/Department: Deputy S. Srozinski, 7196 JSO; T. Blum, 7148, JSO

$ Contact Method: via FOP attorney, Phil Vogelsang

$ Date/Time: September 4, 2015

Investigating Agency Notification: $ Name/ID/Department: Det. Glenn Warkentien, 7461 JSO

$ Contact Method: in person

$ Date/Time: September 3, 2015

Deceased-Next of Kin Notification: $ Person=s Name: Latrell Johnson (mother of Stallworth’s child), Yashika Johnson

(mother of Stallworth’s other children)

$ Contact Method: in person with family attorney Eric Block

$ Date/Time: September 4, 2015