Findings also provide new timeline of April 2022 incident
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This image shows the final resting places of the vehicles after the attempted vehicle block of the black Audi involved in what became an Osceola County Sheriff's officer-involved fatal shooting in a Target Parking lot on U.S. 192 in Kissimmee on April 22, 2022. PHOTO/NINTH CIRCUIT STATE ATTORNEY'S OFFICE
The grand jury assigned to look into the policies of the Osceola County Sheriff’s Office after a fatal officer-involved shooting in a Kissimmee Target parking lot in April 2022 released its recommendations Thursday.
Among them, presented in a release from the State Attorney Andrew Bain, the jury recommended the Sheriff’s Office create new or update existing policies regarding tactical vehicle takedowns or block-ins.
In January, the grand jury ruled it would not file criminal charges against deputies Scott Koffinas and Ramy Yocoub, who opened fire in the incident, leading to the death of 20-year-old Jayden Baez. But the jury kept the case to continue reviewing it as part of a second “presentment phase.”
“While the two deputies’ actions did not rise to the level of criminal charges, it is our firm conclusion that ineffective and insufficient communication and training by the Osceola County Sheriff’s Office needlessly created circumstances that resulted in a this tragic shooting,” the grand jury’s report stated. “He have serious concerns regarding the problematic, ill-planned, impulsive approach the Osceola County Sheriff’s Office used when executing the vehicle block (called a “tactical park” in Sheriff’s Office policy) that resulted in one man’s death and injuries to two others. We strongly suggest the Sheriff make immediate changes to policies, practices and training that might, in our collective opinion, avoid a repeat of these circumstances.”
Calling the blocking-in technique “unsuccessful,” the grand jury bluntly noted in its findings, “This should not have happened.”
Thirty-five minutes after the State Attorney released the findings, the Sheriff’s Office and Sheriff Marcos Lopez released a statement Thursday regarding the findings.
“We want to thank the grand jury for their wisdom in clearing our deputies of all charges, their thoughtful consideration of this case, and for their recommendations. The decisions and recommendations from the grand jury are crucial to the overall mission of law enforcement. We will consider these recommendations and continue to support the men and women of our agency to better ensure the safety of the citizens of Osceola County.”
Among the grand jury’s detailed suggestions:
Policy on vehicle block circumstances — The agency should implement a policy that outlines when and where a vehicle block can be used to apprehend suspects, taking circumstances like time, place and surroundings into account;
A recommendation the agency should establish policy specifying offenses which justify a vehicle block, considering the nature of the offense and the immediate danger the offender poses to law enforcement and the public. The grand jury had “serious questions about whether the appropriate amount of force was used” for, this case, misdemeanor shoplifting;
Communication and Execution — the grand jury called the execution of the “Problematic, ill-planned and impulsive,” and pointed out there was little to no communication between deputies in 29 seconds from when a deputy confirmed the shoplifting to the vehicle block being executed.
“The vehicle block ultimately failed, allowing the driver of the vehicle to move forward into the pathway of a deputy who had gotten out of his car after the failed vehicle block,” the report stated;
The agency should require deputies wear body-worn cameras when they anticipate the detention or arrest of a citizen, noting the absence of such cameras in this incident.
The grand jury did note that some Sheriff’s Office policies have been revised since the shooting, including one requiring deputies involved in vehicle blocks not get out of their vehicle until the suspect is fully compliant and the keys are removed from the suspect’s car.
Policy has also been changed, per the State Attorney’s Office, that deputies will not intentionally place themselves in the path of a moving vehicle or its potential escape path, creating circumstances where deadly force is likely. “A deputy in the path of an approaching vehicle must also move to a position of safety rather than fire their weapon into the vehicle.”
Aside from the recommendations for change at the Sheriff’s Office, the grand jury’s report also gave more of a play-by-play of the shooting incident than has been previously shared or reported.
It all started when a detective, who was part of training going on in the Target parking lot and a nearby apartment complex, observed a “suspicious black Audi with dark tinted windows traveling through the parking lot with its tag covered, and backed into a parking spot.” Suspecting a robbery was about to occur, the detective canceled the training and told other deputies involved assist him, after two males exited the Audi wearing COVID-19 masks and hoodies and entered the store.
The report included radio communications during the incident, which revealed that deputies and detectives observed the car in the lot and the subjects inside the store shoplift a pizza and Pokemon cards.
During this time, the officers coordinated their plan to block the Audi in over the radio. Twenty seconds after, the Sheriff’s Office communications center reported that shots were fired. Seven minutes later, an unidentified unit reported two of the suspects had gunshot wounds.
