Cop Convicted Of Shooting At Armed Man After Dispatched To Wrong Place

SandyMalone

A Florida police officer who was convicted of a felony for doing his job is facing prison time.

Ocoee, FL – A Florida police officer will be sentenced in March for shooting at, and missing, an armed man during a domestic disturbance call.

On the night of Feb. 8, 2016, the 911 dispatcher told police officers from the Ocoee Police Department (OPD) that they were responding to a domestic dispute on Belhaven Falls, and that a woman was being held against her will.

The victim was supposed to be dressed in black and waiting out front, but there was nobody outside the home when police arrived at the address. So responding officers knocked on the front door.

The man who came to the door at the residence was carrying a 9 mm Glock that police could see through a window.

OPD Officer Stephanie Roberts was nearest to the door, and yelled at the man twice to put his gun down. Instead, he appeared to raise it up in front of him.

Fearing for her life, Officer Roberts fired her weapon two times, and retreated.

OPD Officer Carlos Anglero, who was the next closest to the door, provided cover for Officer Roberts and two more Ocoee police officers who had arrived to back them up.

He discharged his weapon four times while conducting a shoot-and-cover maneuver they’d been trained to do at the police academy for just this sort of situation.

“I was in fear for the lives of my fellow officers and myself,” Officer Anglero told Blue Lives Matter. “I didn’t know at the time who shot first – but I knew guns were being discharged.”

He said that after Officer Roberts fired at the suspect, the officers began retreating from the doorway.

“I’m telling them to take cover, and they’re retreating, and then the gentleman comes back to the door, and at that point, I fired four rounds at him. I thought I hit him,” Officer Anglero said.

Fortunately, no one was struck by any bullets because, 20 minutes after police retreated, the dispatcher radioed them to say she’d given the officers the wrong address.

The Winter Garden dispatcher, who also dispatches for Ocoee police, sent them to a house on Belhaven Falls, instead of to Bent Grass Avenue, where the 911 call originated.

She had misspelled the street name as “Bend Grass” and couldn’t find it in the system, and the caller was unsure of exactly where she was. So the dispatcher triangulated the call and took her best guess, sending police to the wrong house on Belhaven Falls instead.

But the dispatcher didn’t warn responding Ocoee officers that she was uncertain of the address, and everything happened very quickly after the homeowner came to the door with a gun.

Winter Garden Lieutenant Scott Allen told the Orlando Sentinel the dispatcher hadn’t followed standard operating procedures, and that she was issued a written letter of counseling for the violation.

Officers Roberts and Anglero, on the other hand, were each hauled before a grand jury to determine whether their decision to shoot had been justified.

The prosecutor assigned to the case, Assistant State Attorney Deborah Barra, was none other than the right-hand woman of notorious Florida State Attorney Aramis Ayala, whose previous refusal to bring the death penalty against cop killers resulted in Governor Rick Scott reassigning a number of death penalty cases to other state attorneys.

In the death penalty case, Ayala sued, and the court ruled against her, saying that her refusal to seek the death penalty "embodies, at best, a misunderstanding of Florida law.”

Despite her best efforts, Barra failed to get an indictment on Officer Roberts, because the grand jury believed the officer feared for her life when she shot at the armed man.

However, on Oct. 20, 2016, the grand jury did indict Officer Anglero, who’d fired a split second after Officer Roberts.

“It didn’t make any sense,” said James Smith, Officer Anglero’s attorney.

“Nobody was hurt. Officer Anglero had no history of complaints – why would you prosecute a model police officer?” Smith asked.

An eight-year veteran of the Ocoee police who served most of his time in undercover narcotics, Officer Anglero had received awards for Officer of the Quarter, Crisis Intervention Officer of the Year, Best Instructor for the Citizens Police Academy, and two nominations for Officer of the Year.

But Barra did prosecute Officer Anglero, and she did so aggressively.

“There’s an agenda to be hard on police,” Smith said.

The prosecutor told the jury that Officers Anglero and Roberts were a couple at the time of the shooting, and argued that Officer Anglero’s judgment had been clouded because he and Officer Roberts were dating.

Barra claimed Officer Anglero shot at the homeowner to protect his girlfriend, and was not met with an actual threat, the Orlando Sentinel reported.

Despite the fact that Officer Anglero had never been in trouble before, and that he was, in fact, a firearms instructor who had taught other officers the shoot-and-cover strategy for retreating from just this sort of scenario, Barra made it all about the relationship when she presented her argument to the judge and jury.

“He does not get to decide whose life matters most ... and create actual harm to the Lewis family,” she said.

Officers Anglero and Roberts were not partnered, but had both been sent to the same call in separate police vehicles on the night of the incident. The officers had worked together in the past, and police officials in their department were well aware of the relationship between them.

Jurors ignored Officer Anglero’s attorney’s argument that the Ocoee police officers had been told they were arriving at a domestic altercation, and that the situation was ratcheted up the minute the homeowner answered the door with a gun.

The trial lasted less than two full days, and the jury returned a guilty verdict in two-and-a-half hours on Jan. 4, for shooting into an occupied dwelling. A felony with a potential 15 year sentence.

“I could not believe in any shape, form, or fashion that any jury would convict him,” Smith said. “I still struggle to try to understand what this jury was thinking.”

Judge Kim Shepherd, who had just returned to the bench after serving a 90-day suspension for lying about her qualifications on her campaign materials, scheduled Officer Anglero’s sentencing for March 27.

The conviction carries a possible sentence of one to 15 years, and the prosecutor told Smith she intends to go for the maximum.

“Nobody was hurt, and she wants this decorated officer to do prison time,” Smith said.

Given Ayala’s office reputation for having a bias against police the decision to allow her office to prosecute Officer Anglero has come into question.

“I’m confident that the judge in this case will recognize the significant mitigating and extenuating factors, and will come to the conclusion that someone who faithfully served the citizens of his town for several years should not have his life ruined because of the mistakes of a dispatch clerk,” Smith said.

Supporters of Officer Anglero just launched an online petition calling for the judge to set aside the jury’s guilty verdict for the wrongly-convicted man based upon her independent review at sentencing.

Alternatively, Shepherd could withhold adjudication, meaning the police officer would not be left with a felony conviction on his record.

Blue Lives Matter reached out to the Florida governor’s office for comment, but had not received a response at publication time.

The governor could issue a full pardon to Officer Anglero, even before his sentencing date arrives, Smith said. Or he could commute the sentence so that Officer Anglero would not have to do any prison time.

Please go sign the petition to support Officer Anglero and share and comment on social media to tell people what Ayala's office is doing.

Comments (29)
No. 1-29
bronx163
bronx163

Hope they appeal. This sounds like prosecutory misconduct.

NYLIOldSlr
NYLIOldSlr

The "deck was stacked" against him from the moment he heard that the ADA was going to try him!!! Libtarded ADA and, judge, alike!!! Both NEED to be recused and/or removed from office and, a decorated officer's career restored!!!! Period!!!!

Dougbeckie
Dougbeckie

I agree with you. This judge is obviously anti LE. Get her off the bench. What LEO in today’s world wouldn’t shoot first if presented with a subject holding a gun

gfc1963
gfc1963

Are you serious?? The 'victim' had a gun and raised it towards the officers!! You must be a relative of that stupid DA.

cclaxton
cclaxton

The dispatcher is the person at fault. This is not a criminal case. This should adjudicated in civil court. This is prosecutorial misconduct. In civil court the lawful homeowner should sue the Ocoee police and the dispatcher. The dispatcher should be fired and prohibited from ever taking a job in law enforcement.

TopDocBo
TopDocBo

The statement, "Any reasonable person", has been lost on this case. Why did this even make it past the discovery phase? Who did the initial investigation? Most cases begin with a complaint and warrant request by a law enforcement agency. A prosecutor thoroughly reviews all reports and records concerning the case, including witness statements. The prosecutor also reviews the suspect's prior criminal or traffic record. At this stage, the prosecutor uses a Four-Prong Test to determine whether a person should be charged with a crime and, if so, what the crime should be. Occasionally, the reviewing prosecutor sends the case back to the police to conduct additional investigation. WTF happen here? Their relationship should never have been allowed to direct the course of the case, period!

Ed wilkinson
Ed wilkinson

Sounds like this judge should not even be on the bench and the officer should not have been charged to begin with.

angryAmerican
angryAmerican

This racists, cop hating bitch prosecutor needs to go to hell IMMEDIATELY!

ExTrooperFed
ExTrooperFed

Any negligence lies first with the dispatcher for the wrong information provided to the responding officers. The homeowner confronted the officers and refused to put the weapon down. He should held accountable as well. Why would he sue the police Dept?

Wuzacop
Wuzacop

You always have negative remarks about police officers. Why don't you join a department and see if you can do a better job?

Friedhelm Shepherd
Friedhelm Shepherd

At his is happening to LEOs all over the country. Being charged and sued for doing their jobs as they are trained to do and protecting themselves. It is important to remember that if we can't protect ourselves, we can't protect society.

hleinen
hleinen

This is outrageous, and a miscarriage of justice. The officer was dispatched to a specific location where a man presented a weapon. A shot was fired and the officer also began shooting. This is but just another example of why agencies are losing officers; Stress, failure to support them properly, and now this. I have been retired for 12 years, this is the worst case I have ever read about.

Aaron57
Aaron57

They knocked on the door, he opened it, and they gave commands to drop the weapon. It's pretty safe to assume, based on the training being to "knock and announce," that he knew they were the police...

Aaron57
Aaron57

Basic training is for officers to knock and announce. Even if they didn't, it has no bearing on this issue, because it was determined that the first officer was justified in firing.

Sickandtired
Sickandtired

Personally I don't understand how one can officer shooting can be justified and the other one isn't. We are not getting the whole story here.

Sickandtired
Sickandtired

Typical for the articles here.

LEO0301
LEO0301

Sadly you didn't play that game of Russian roulette like I suggested. Too bad. Anyway, since you still happen to be breathing I suggest you do a google search of the prosecutors who took this case to trial. What you'll find is a black State Attorney who dislikes the police and does everything in her power to protect black criminals no matter the crime.

LEO0301
LEO0301

I am a Christian while you are an atheists. I attend a Methodist church while you worship $$$$$. Sad but true.

LEO0301
LEO0301

You should read the accounts from people who have had after death experiences. Go on-line and you will find many examples, from doctors, lawyers, and even children, who died and were brought back to life. Some, like you, were doubters.

LEO0301
LEO0301

Heaven awaits you after death. It's not hard to find first hand accounts of what happens after you flat line from doctors who experienced that when they died and were brought back to life. Somethings happen that can't be explained. When I was about 7 years old I had a dream that a large, heavy, wood framed picture hanging on the wall above my bed fell and hit me in the head. The dream was so vivid and scary that I woke up, sat up in bed and at that very moment the picture fell off the wall and landed on the pillow where my head had rested. Somethings can not be explained in any other way than intervention from a higher power. Choose not to believe if you must but I plan to continue to pray to my God.

LEO0301
LEO0301

Only an arrogant person would believe we are alone in this universe. As far as someone claiming to have contact with aliens, I'm not sure how you can compare some farmer from Kansas with an actual doctor(s) who claimed he (they) had an after death experience with a higher power. Instead of simply discounting these stories, you would do better actually researching and reading the accounts from educated people who have no reason to lie.

LEO0301
LEO0301

When the police investigate a crime they consider the credibility of the witnesses. A doctor who flat lined (died, not a coma where they are still alive) who says he saw heaven and was able to repeat conversations people in the room were having while he was dead is slightly more believable than some guy plowing his field who claimed he was abducted by aliens. The fact that these afterlife accounts come from so many people who have nothing to gain and a lot to lose makes it believable to me. Again, if you choose not to believe in God and are waiting for him to reveal himself to you while you're alive is totally up to you. I have faith, you don't and that's your choice.

davidebrwn
davidebrwn

If you point a gun at police it will not end well

LEO0301
LEO0301

Locked-in syndrome is a rare neurological disorder characterized by complete paralysis of voluntary muscles in all parts of the body except for those that control eye movement. It may result from traumatic brain injury, diseases of the circulatory system, diseases that destroy the myelin sheath surrounding nerve cells, or medication overdose. Individuals with locked-in syndrome are conscious and can think and reason, but are unable to speak or move. The disorder leaves individuals completely mute and paralyzed. Communication may be possible with blinking eye movements. These people are alive, not clinically dead. Again, do yourself a favor and do some research on the topic rather than talking out your assssss!

LEO0301
LEO0301

News

FEATURED
COMMUNITY