TAMPA, Fla. (WFLA) — A Florida deputy resigned after he mistook a falling acorn hitting his patrol vehicle for a gunshot and subsequently opened fire on the car, where a person was detained in the backseat, according to investigators.
Deputy Jesse Hernandez resigned on Dec. 4 during the investigation but was found to have violated policy in a report dated Jan. 5. Body cam footage of the officer-involved shooting was released by the Okaloosa County Sheriff’s Office on Monday.
Hernandez was responding to a call in Fort Walton Beach on Nov. 12 after a woman called and said her boyfriend wouldn’t return her vehicle and was sending threatening messages, according to the investigative report.
WFLA is not naming the boyfriend because he was not charged with a crime.
The woman reportedly said the man owned guns and a silencer, but that she didn’t know where they were.
The video shows Hernandez walking to his patrol vehicle, where the man was detained. Hernandez believed he was being shot at, according to the report. Hernandez opened fire on the back of the patrol car after repeatedly yelling “shots fired.”
In the video, an acorn can be seen falling and hitting the roof of the patrol vehicle, according to the report.
That’s when Hernandez began yelling “shots fired.”
Sgt. Beth Roberts, who was also at the scene, then also began firing at the car based on Hernandez’s reaction, according to investigators.
Hernandez kept saying he was hit, according to the report. He was taken to a hospital where he learned he was not shot.
The boyfriend was not injured and no weapon was found, according to the report.
“The acorn can be seen on his [body cam] video striking the roof right before he starts responding,” according to the report. “Nothing else is heard or seen on the [body cam] video to explain what Deputy Hernandez thought he heard.”
Hernandez’s actions were “not objectively reasonable,” according to the findings.
“There was no broken glass, no damage to his patrol vehicle, etc.,” the report reads. “Deputy Hernandez made his decision to use lethal force based on the sound, his perceived feeling he had been struck by something in his upper right torso, and his legs not working like normal.”
“The only verifiable outside stimulus was the sound Deputy Hernandez interpreted as a suppressed weapon being fired, and that along would not justify shooting into the vehicle,” the report read.”
However, investigators found that Roberts did act reasonably because she believed Hernandez was in danger based on his actions.
“Without the benefit of hindsight, and making split-second decisions based on the information she was gathering through her senses, Sergeant Roberts acted in a manner consistent with the protection of life in the face of imminent and immediate danger of death,” the report reads.
The State Attorney’s Office also reviewed the incident and found no probable cause for any criminal charges, according to the Okaloosa County Sheriff’s Office.
The boyfriend said he’s thankful that he wasn’t injured, but said the incident has left him damaged for life, according to WKRG.
“We understand this situation was traumatic for [him] 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 statement. “We are very thankful [he] 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.”