State Attorney Concludes Deputies Justified In Fatal Shooting

Clearwater FL

24 September, 2021

11:50 AM

Description

CLEARWATER, FL — The Pasco-Pinellas State Attorney's Office has concluded that the Sept. 7 fatal shooting of an armed man by Pinellas County sheriff's deputies was a justifiable homicide. Pinellas County Sheriff's Office deputies were called to the 2100 block of Indigo Drive at 3:38 a.m. on Sept. 7 after Joanne Mohr called 911 to report that her former boyfriend, Josue Arias, 32, of Tampa, had broken into her home armed with a gun. Arias broke in the sliding glass door at the back of the house with Mohr and her fiance, John Michael Jancek III, inside. Mohr grabbed her own gun and ran to her office where she called 911. She said Arias kicked and punched the office door and the bedroom door where Jancek was located, saying, "One of us or all of us are going to die tonight." While Arias was distracted by the sheriff's deputies who arrived and surrounded the home, Mohr was able to escape from the home but left her phone behind, still connected to the 911 operator, so deputies could hear what Arias was saying. Jancek remained inside the home with Arias for 40 minutes during which time Arias said, "I came here to kill you or hurt you," "I'm probably going to die here tonight" and "I'm not going to prison again." Arias then grabbed Jancek and walked him down the hallway and out the front door while holding a gun to his head. He then released Jancek who ran to safety outside. Arias went back inside but came back out still armed and smoking a cigarette on the front porch. He then began walking toward the deputies, ignoring commands to put down his weapon. Fearing for their lives, deputies William Byrd, Christian Miller and Cameron Frame fired at Arias, who staggered back and fell to the ground. While on the ground, Arias fired a round at the deputies. Seeing this, Deputy Claudio Dimundo fired at Arias twice with an AR-15 long rifle. Arias raised his gun again toward the deputies and Dimundo fired three more times. Arias died at the scene from multiple gunshot wounds. All four deputies who fired their weapons were placed on administrative leave while a Pinellas County Use of Deadly Force Task Force composed of law enforcement from outside agencies investigated the shooting. In his conclusion, Pinellas-Pasco State Attorney Bruce Bartlett said the deputies were justified in shooting Arias who had committed armed burglary, armed kidnapping and aggravated assault with a deadly weapon and defied repeated commands to put down his weapon. See related story: Task Force Investigating Deputy-Involved Fatal Shooting