PALM BAY, Fla. – The state attorney’s office has cleared four Palm Bay Police officers involved in a deadly shooting last February of any criminal wrongdoing, following a final report by Florida Department of Law Enforcement investigators, according to News 6 partner Florida Today.
Witnesses and Palm Bay Police officers described a scene that included some confusion as SWAT members on the ground attempted to de-escalate a confrontation with a 46-year-old armed resident acting erratically and walking around with an AR-15 during a three-hour standoff in a darkened backyard, state investigators reported.
The state attorney’s conclusion now means that the Palm Bay Police Department will continue with its administrative review into the actions of four officers — Sgt. Joshua Taylor, Officer Brett Naymik, Officer Jorge Negron and Officer Thomas Baker, some of whom have been involved with two other officer-related shooting cases since the deadly February encounter — and whether any policies or procedures were violated.
“The role of the state attorney in this investigation and in conducting this review is limited to determining whether a criminal violation of Florida law has occurred, whether any person may be held criminally responsible and whether such criminal responsibility can be proven beyond a reasonable doubt in a court of law,” State Attorney Phil Archer wrote in a letter to Palm Bay Police Chief Mariano Augello.
“I have determined that the use of force … was lawful and justified. No further action will be taken by this office as to that issue,” Archer wrote. It was the third officer-related shooting to take place in Palm Bay — Brevard County’s largest city — since January, with each involving some of the same tactical team members.
The Florida Department of Law Enforcement was called in to conduct an independent investigation — as is the standard for most of the state’s law enforcement agencies — into the incident. The agency’s report was then turned over to the state attorney’s office.
“It’s a horrible situation. You know the last thing an officer wants to do is be involved in any deadly force incident but saying that, when our officers are confronted with deadly force, their training does kick in,” Augello said last month about the case.
Palm Bay police were called just after midnight Feb. 21 to a home in the 100 block of Tucson Road in the southwest section of the city to investigate a domestic disturbance. Police arrived and found three people in the home while a fourth person, Michael Dishong, whom witnesses said had held a gun to his girlfriend’s head earlier during the confrontation, had retreated to the backyard, clutching an AR-15 and a handgun.
Members of the SWAT team arrived, cordoned off the area and immediately attempted to call Dishong to get him to disarm, investigative reports show. A Brevard County sheriff’s helicopter circled overhead.
“I got a good eye, but yeah, he’s messing with his rifle constantly on and off. He’s still facing east with the rifle along the back of the pool. He’s facing that wooded lot that is to the east of the house if that makes sense,” a Brevard County Sheriff’s Office helicopter pilot radioed officers on the ground. Palm Bay’s armored vehicle, dubbed “Peacekeeper,” was also called to the location, along with the agency’s medic team.
Dishong was lying on the ground, smoking and apparently looking at his phone, even as officers attempted to call him and used a public address system to call out instructions, according to an investigative summary. An hour later, Dishong was spotted roving through the fenced-in yard.
“Alright, he just pulled the handgun out. He’s moving. He took the handgun and the rifle. He’s walking toward the east side of the house, or actually, the back of the house,” the helicopter unit radios to officers on the ground. “Alright, he’s back at that screened, or that porch, area. He’s at the back door of the house.”
Seconds later, shots — at least 10 — erupted. A second volley of gunfire followed a short time later, witnesses told investigators. Dishong, wounded twice in the chest, was then seen lying on the patio before managing to crawl on his elbows toward the back door. SWAT team members told Dishong not to move and secured the scene before medics could attempt treatment, reports show.
Initially, police told investigators that Dishong pointed a weapon at a Palm Bay police officer, prompting officers to shoot Dishong, who later was pronounced dead at the scene. Later, some of the officers on the ground expressed concern about being caught in a crossfire. Others told investigators that they did not hear any immediate verbal commands for Dishong to disarm.
The officers were briefly placed on administrative leave with pay.
Another incident took place in June, ending with a 54-year-old man, identified as Timothy Johnson, being shot and wounded by Palm Bay officers serving a warrant out of their jurisdiction in Melbourne. The gun-wielding man was shot after pulling out a firearm while running from officers, police reported. The FDLE is still investigating that case.
In early August, Palm Bay police were involved in another fatal shooting. A man, identified by police as 31-year-old Kyle Larkin, was shot to death during a confrontation with officers after Palm Bay Police said had been pointing a firearm at family members. That case, too, is under investigation.
Get today’s headlines in minutes with Your Florida Daily: