Prosecutors said it was clear that Cpl.Christopher D. Swarthout, Cpl. Jose A. Lopez and
Deputy David J. Whitt each had a reasonable fear that they, and their fellow officers, were in immediate danger of death or great bodily harm.
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News release, posted 11/14/2008:
UPDATE: Deputies Investigate Shooting
UPDATE: Investigators gave this account of the shooting:
Deputies were on a traffic stop with a vehicle in the Gulfgate shopping plaza when a man rode his bicycle into the parking lot. The man reached into his backpack, got off his bike and produced a handgun.
Deputies ordered the man to drop the gun and to get on the ground. The man then pointed the gun in the direction of the deputies. Deputies fired multiple times at the man. Deputies immediately rendered emergency medical aid to the man.
Investigators interviewed several citizen witnesses and from that initial inquiry and evidence at the scene it appears deputies did not violate any policies or procedures.
Based on media requests under Florida’s public records laws the Sheriff’s Office is releasing the names of the three deputies.
The deputies are identified as Cpl.Christopher D. Swarthout, 41, who has been with the agency since Nov. 14, 1995; Cpl. Jose A. Lopez, 40, who has been with the agency since May 10, 1988; and Deputy David J. Whitt, 37, who has been with the agency since May 9, 2006. The Sheriff’s Office requests that media outlets be mindful of the deputies’ need for rest.
The deputies will be on administrative leave until further notice, per policy.
The man remains at Lee Memorial Hospital in Fort Myers. He is being guarded by Collier County jail deputies and is in custody. He could face aggravated assault charges for pointing a gun at law enforcement officers.
The pellet gun that was found at the scene/CCSO
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Original news release, posted 11/14/2008:
Deputies Investigate Shooting
WHAT: Shooting
WHEN: 12:51 a.m. Friday, Nov. 14, 2008
WHERE: Gulfgate Plaza, U.S. 41 East and Bayshore Drive
SUMMARY: Deputies were conducting a traffic stop in Gulfgate Plaza around 12:50 a.m.
During the stop and unrelated to it, a man approached them and produced a gun. Upon being ordered to drop the gun, the man instead pointed it at the three deputies. He was shot multiple times by deputies.
Deputies rendered first aid to the man until EMS arrived.
The man, whose identity is not yet available, was transported to Lee Memorial Hospital, where he is being treated.
Investigators have determined that the gun was a pellet gun that gives the appearance of a semi-automatic pistol.
The CCSO Major Crimes Unit and Professional Responsibility Bureau, along with the Florida Department of Law Enforcement, are investigating.
No further information is available at this time.
Deputies Investigate Shooting
WHAT: Shooting
WHEN: 12:51 a.m. Friday, Nov. 14, 2008
WHERE: Gulfgate Plaza, U.S. 41 East and Bayshore Drive
SUMMARY: Deputies were conducting a traffic stop in Gulfgate Plaza around 12:50 a.m.
During the stop and unrelated to it, a man approached them and produced a gun. Upon being ordered to drop the gun, the man instead pointed it at the three deputies. He was shot multiple times by deputies.
Deputies rendered first aid to the man until EMS arrived.
The man, whose identity is not yet available, was transported to Lee Memorial Hospital, where he is being treated.
Investigators have determined that the gun was a pellet gun that gives the appearance of a semi-automatic pistol.
The CCSO Major Crimes Unit and Professional Responsibility Bureau, along with the Florida Department of Law Enforcement, are investigating.
No further information is available at this time.
