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Marion County, Florida deputy was justified in shooting man, prosecutors say

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Prosecutors have concluded that a Marion County sheriff’s deputy was legally allowed to use deadly force when he shot and killed a man who pointed a gun in his direction on New Year’s Eve.

Chief Deputy District Attorney Walter Forgie wrote in a letter to Sheriff Billy Woods: “Section 776.05, Florida Statutes, authorizes law enforcement officers to use any force they deem reasonably necessary to defend themselves or another of bodily harm while making an arrest.”

Forgie added, “Florida Statute 776.012 authorizes a person to use deadly force if he or she reasonably believes that such force is necessary to prevent imminent death or serious bodily injury to himself or herself or another.”

The attorney concluded, “The deputy’s use of deadly force was clearly reasonable and therefore legal under the circumstances and this matter is now closed.”

The process

In law enforcement shootings, the Florida Department of Law Enforcement usually investigates. FDLE investigators submit their report to the state attorney’s office, which reviews the circumstances of the case and determines whether the shooting was justified.

If the shooting is deemed illegal, then prosecutors will file the appropriate charge against the law enforcement official. If the law enforcement officer is found not guilty, the SAO closes the case.

The sheriff’s office offers counseling to any police officer involved in a deputy-involved shooting. The department has a chaplain-led peer support team that provides these services.

Even if no charges are filed, the sheriff’s office continues to conduct an internal affairs investigation to see if any agency policies or procedures were violated. If anything is discovered as a result of that investigation, then appropriate action or disciplinary action will be taken.

There is also a shooting review committee, whose members will look at the shootings to see if anything can be learned from the incident.

In this case, the deputy who fired the shots was identified as Cpl. Jarrick Donely, who has been with the agency for almost nine years. After the shooting, Donely was placed on paid leave, according to the standard. He returned to work nearly a month after the shooting, sheriff’s officials said. The internal affairs investigation is ongoing.

In 2020, Donely and two other deputies, Alan Edwards and Michael Lowder, shot Ricky Lee Miller, who pointed a gun as he walked toward deputies outside his Silver Springs Shores residence. In this case, prosecutors said the deputies’ actions were justified.

In an interview with a Star-Banner reporter after the shooting, Miller’s wife said she did not blame the deputies for the incident.

Prosecutor’s report

In the most recent case, according to Forgie’s report, deputies were called to the 6600 block of Southwest 19th Avenue Road on New Year’s Eve in reference to a resident who said he heard multiple gunshots.

Through their investigation, deputies learned that Steven Clark Jr. fired multiple shots inside a residence. Some who were inside the residence left, according to a Star-Banner story about the shooting.

Forgie’s report states that Clark was drinking alcohol and possibly depressed. Clark refused to speak with responding deputies, so officials called in the SWAT team and crisis negotiators.

After six hours of discussions, deputies threw a chemical agent into the residence and Clark came outside armed with a semi-automatic rifle, according to Forgie’s report. Clark fired the gun in front of the residence.

Forgie said Clark fired shots at the deputies and a deputy returned fire, striking Clark several times in the upper and lower body.

Interview: Woman shot by deputy outside Ocala hospital may sue; says he was just “asking for help”

Clark was taken to HCA Florida Hospital Ocala, where he later died, the report said. A toxicology report showed that Clark was intoxicated.

Authorities said Clark was 41 years old and lived at the address where the shots were fired.

Contact Austin L. Miller at [email protected]

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