{ Pole CAe IN THE CIRCUIT COURT OF THE. Ts PAS SECOND JUDICIAL CIRCUIT, IN [Kes AND FOR FRANKLIN COUNTY, FLORIDA. AW tf GRAND JURY, FALL TERM 2019 IN RE: Officer Involved Shooting of Sherrie Jones in the area of Carroll Apartments, on or about February 1, 2019. IN THE NAME OF AND BY THE AUTHORITY OF THE STATE OF FLORIDA NO TRUE BILL PRESEN’ THIS MATTER came before the Grand Jury on July 11, 2019, to review the facts and circumstances of the officer involved shooting of Sherrie Jones in the area of Carroll Apartments in East Point, Florida, This Grand Jury inquiry is to determine if the use of deadly force by the Franklin County Sheriff's Office, specifically that of Deputy Sheriff Jacob Rieben, was a justifiable use of deadly force and thus lawful under the provisions of Florida Statutes Sections 316, 843 and 776. The Grand Jury has heard testimony from: an expert on law enforcement use of force training and protocols; the Florida Department of Law Enforcement investigator of this shooting incident, and heard from law enforcement witnesses who observed these shooting incidents. We have also reviewed video from both law enforcement body cameras and a nearby civilian surveillance camera. We heard testimony about the actions of Sherrie Jones prior to and during this shooting. We also learned about the physical evidence collected from the scenes in this case. FACTUAL SUMMARY On February 1, 2019, at approximately 5:55 pm, the Florida Department of Law Enforcement (FDLE) Tallahassee Regional Operations Center (TROC) ‘was notified by the Franklin County Sheriff's Office (FCSO) of a deputy involved shooting. The incident occurred at 154 Hickory Dip, in Eastpoint, Florida and resulted in injuries to Sherrie Reenea Jones. The FCSO requested FDLE conductan investigation in the shooting. On February 12019, FCSO Major Cliff Carroll and FCSO Deputy Jacob Rieben attempted to stop a black Volvo passenger vehicle operated by Sherrie Reenea Jones. Major Carroll initiated the traflie stop on Jones due to Jones causing a disturbance at 275 U.S. Highway 98. Jones failed to stop for Major Carroll and Deputy Rieben’s emergency vehicles with lights and sirens activated until she reached her residence located at 154 Hickory Dip, Eastpoint, Florida (approximately .8 mile). Jones came to a complete stop in her yard but she remained inside her locked vehicle and refused to come out when ordered by Major Carroll and Deputy Rieben. After several attempts through verbal communication to get Jones out of her vehicle, Deputy Rieben retrieved a window breaker tool from his patrol vehicle. Deputy Rieben stepped up to Jones’ driver window with the window breaker tool. Jones drove forward as Deputy Rieben used the window break tool on Jones’ driver window. Jones completed a U-turn in her yard and drove towards Deputy Rieben, He drew his issued service firearm from his holster and pointed it toward Jones. Deputy Rieben discharged his issued service firearm at Jones’ vehicle as Jones continued towards him. Deputy Rieben struck Jones vehicle several times in the hood and windshield. Jones suffered injuries to the right side of her face and chest area as a result of Deputy Rieben discharging his service issued firearm, Jones ‘was transported by Emergency Medical Services to Bay Medical Sacred Heart were Jones was treated for her injuries and released. APPLICABLE FLORIDA STATUTES Florida Statute 316.1935 states that itis unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer, and a person who violates this subsection commits a felony. Florida Statute 843 states one may not knowingly and willfully resist, obstruct, or oppose any officer in the lawful execution of any legal duty. Florida Statute 784 makes it a felony to commit an aggravated assault or battery against a Law Enforcement Officer. Once probable cause for an arrest occurs, Section 776.05 Florida Statutesstates that a law enforcement officer need not retreat or desist from efforts to make a lawful arrest because of resistance to the arrest. The officer is justified in the use of any force which he reasonably believes to be necessary to defend himself or another from bodily harm while making the arrest. This includes but is not limited to, firing a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm, and firing a firearm at a vehicle in which the person to be arrested is riding. Florida Statute 776.051(1) states a person is not justified in the use of force to resist an arrest by a law enforcement officer who is known, or reasonably appears, to be a law enforcement officer. Florida Statute 776,012 states a person is justified in the use of deadly force only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another. CONCLUSION We find Deputy Sheriff Jacob Rieben in this case was appropriately following and attempting to arrest Sherrie Jones. ‘That he had probable cause to believe that Jones had committed a felony by both failing to stop when ordered to do so, and after stopping, continuing to flee from persons she knew to be law enforcement officers who had activated their emergency lights and sirens. We further find that Deputy Rieben was appropriate in his attempts to either have Ms. Jones open her door voluntarily, and when that failed, to use a tool to break ‘open the window of her car so she could be removed from the car. We find that Ms. Jones made the decision to not only fail to open her door once stopped, but to accelerate her vehicle and turn towards Deputies Carroll and. Rieben. In doing so, she put them in justifiable fear of death or great bodily harm. ‘A motor vehicle can be a deadly weapon and that under Florida Law, Deputy Rieben was justified in his use of deadly force to defend himself and Deputy Carroll. We further find that he was also specifically authorized to shoot into the motor vehicle in an attempt to arrest Ms. Sherri Jones. We ask our law enforcement to keep us safe and insure a just and orderly community. However, we cannot expect them to do this job without our help and cooperation, Nor can we expect them to be disregarded or put in fear for doing what the law requires. The decisions of one citizen led to both her being shot and toa Deputy to being put in mortal fear. We appreciate both the bravery and professionalism of Deputy Jacob Rieben in having to endure such a senseless situation, THEREFORE, with a quorum present and twelve or more in we find that the conduct of law enforcement; and specifically the conduct of Deputy Jacob