Video Shows Florida Deputy Repeatedly Shoot At Man After Thinking Falling Acorn Was Gunfire

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This would be laugh­able if it was­n’t so preposterous.

A Florida sher­if­f’s deputy is seen on video open­ing fire on a Black man who was searched, hand­cuffed and placed in a patrol vehi­cle after the deputy mis­took the sound of a falling acorn for a gun­shot. The body cam­era video, released Monday by the Okaloosa County Sheriff’s Office, shows Deputy Jesse Hernandez yelling “Shots fired!” mul­ti­ple times as he falls to the ground and repeat­ed­ly fires into the patrol vehi­cle last year. 

Marquis Jackson was sus­pect­ed of steal­ing his girl­friend’s car ear­li­er that morn­ing and was restrained in the back seat. He was luck­i­ly unharmed by the gun­shots, but he said the inci­dent left him trau­ma­tized. Hernandez, who has resigned from the sher­if­f’s office, has not been charged.

Okaloosa County deputies respond­ed to a call on the morn­ing of Nov. 12 in Fort Walton Beach, about 65 miles west of Panama City on Florida’s Panhandle, the sheriff’s office said in a news release last week. A woman called to report her boyfriend, Jackson, was refus­ing to return her car and had been call­ing and tex­ting her threats, the release said. Deputies Javier Reyna, Deja Riley and Jesse Hernandez and Sgt. Beth Roberts responded

Jackson walked up to the scene around 10 min­utes after the offi­cers arrived. He was detained, searched, hand­cuffed and placed in the back of Hernandez’s patrol car.

The woman then com­plet­ed an affi­davit for the stolen vehi­cle. She told deputies that Jackson had a silencer, that she was not sure where it was and that he had more than one weapon, the release said.

Riley and Reyna left to search for the miss­ing vehi­cle. They found it about 3 miles away.

As Roberts con­tin­ued to work with the woman, Hernandez approached his patrol car to con­duct a sec­ondary search of Jackson when he heard “a pop sound.”

Shots fired! Shots fired!’

When Hernandez was approach­ing the pas­sen­ger side rear door, an acorn could be seen strik­ing the top of his patrol car, accord­ing to the inter­nal inves­ti­ga­tion report from January. Hernandez per­ceived the sound to be a gun­shot and believed he had been hit, it said.

He yelled “Shots fired!” mul­ti­ple times, fell to the ground, rolled and began fir­ing his semi-auto­mat­ic pis­tol into the patrol car, accord­ing to the body cam­era video of the inci­dent.

Roberts asks where the shots are com­ing from, to which Hernandez answers, “In the car.”

Jesse, are you OK?” Roberts yells short­ly after. Hernandez is heard in the video say­ing, “I’m hit! I’m hit!”

After she saw Hernandez open fire, Roberts respond­ed with gun­shots of her own.

He shot through the car,” Hernandez said as he crawled on his hands and knees to find cov­er behind a parked vehicle.

I’m good. I feel weird, but I’m good,” he added.

All I could depend on was God!’

Jackson recount­ed the inci­dent on Facebook, writ­ing about the expe­ri­ence of being shot at while hand­cuffed and strapped down by the seat belts in the back seat of the patrol car.

All I could do was lean over and play dead to pre­vent get­ting shot in the head,” Jackson wrote. “I was scared to death and I knew all I could depend on was God! I ignored every­thing and prayed!”

The win­dows shat­tered as bul­lets flew around the patrol car, he said. Jackson was unharmed, but the inci­dent left him traumatized.

I was blessed not to get hit by any bul­lets or get hurt phys­i­cal­ly but men­tal­ly, I’m not okay,” Jackson said. “I haven’t been the same since, and I don’t think this feel­ing I have will ever change. I tru­ly believe I’m dam­aged for life!”

He says an ambu­lance took him to Fort Walton Beach Medical Center, still in hand­cuffs, to be checked for injuries. Jackson says he was tak­en to the Okaloosa County Courthouse and “sat in the cell for hours.” Eventually, he was released with no charges.

I mean, that’s what I heard’

Investigators sat down with Hernandez three days after the inci­dent to con­duct a sworn interview.

Hernandez says he heard what he believed was a “sup­pressed weapon” as he reached for the rear door han­dle of his patrol car. He “felt an impact” on the right upper tor­so area, accord­ing to the inter­nal inves­ti­ga­tion report.

The orig­i­nal rea­son I was fir­ing was because I was sit­ting in the open there,” Hernandez told the inves­ti­ga­tors. “I had only moved a cou­ple feet from where I felt I had just been shot from the back of this patrol car. And I did­n’t know how I was gonna get up and move to that cov­ered area.”

Hernandez was shown still pho­tos tak­en from his body cam­era video of the acorn bounc­ing off the roof of his patrol car, the inter­nal inves­ti­ga­tion report says. Investigators asked whether it was pos­si­ble the noise he heard could have been the acorn.

I’m not gonna say no, because, I mean, that’s what I heard,” Hernandez said. “What I heard sound­ed what I think would be loud­er than an acorn hit­ting the roof of the car, but there’s obvi­ous­ly an acorn hit­ting the roof of the car.”

Internal investigation

The sheriff’s Office of Professional Standards con­duct­ed an inter­nal inves­ti­ga­tion into Hernandez and Roberts’ actions on Nov. 12.

Hernandez’s use of force was deter­mined not to be objec­tive­ly rea­son­able, and it vio­lat­ed the pol­i­cy regard­ing the “exces­sive use of con­trol to resis­tance,” the inves­ti­ga­tion con­clud­ed. He resigned in December while under investigation.

Roberts was exon­er­at­ed, as the Office of Professional Standards found her use of dead­ly force to have been objec­tive­ly reasonable.

The sheriff’s Criminal Investigations Division reviewed the inci­dent for pos­si­ble crim­i­nal charges. The sher­if­f’s office also request­ed an inde­pen­dent review by the First Judicial Circuit state attor­ney’s office. No prob­a­ble cause for crim­i­nal charges was found, accord­ing to the news release.

We under­stand this sit­u­a­tion was trau­mat­ic for Mr. Jackson and all involved and have incor­po­rat­ed this offi­cer involved shoot­ing it into our train­ing to try to ensure noth­ing sim­i­lar hap­pens again,” Sheriff Eric Aden said. “We are very thank­ful Mr. Jackson was­n’t injured and we have no rea­son to think for­mer Deputy Hernandez act­ed with any malice.”

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