ORANGE COUNTY, Fla. – The state attorney’s office is not pursuing misdemeanor charges against Edenilson Urbina, a man who was shot in the leg by a deputy after a traffic stop late last year.
Prosecutors filed a nolle prosequi Monday, which means they are ending the criminal case.
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Body camera video from Dec. 21, 2020 showed the confrontation involving Orange County Deputy Bruce Stolk, who the sheriff’s office said shot 18-year-old Urbina in the leg.
The incident report said this all stemmed from a traffic violation.
In the body camera video, a deputy can be heard yelling “stop running.”
The deputy in the video then yells at the suspect to get on the ground.
But the suspect, identified as Urbina, can also be heard apologizing in the video and saying his leg hurts.
At one point, the video shows what appears to be a flash, indicating that a gun was fired.
Later in the video, a deputy confirmed that saying, “one shot fired.”
What the video doesn’t show, according to the state attorney’s office, is whether or not Urbina heard the lawful commands.
In fact, prosecutors said the first part of the body camera video is silent and they added that the case was dropped because they could not prove beyond reasonable doubt that Urbina actually heard the commands.
Urbina’s attorney, Andrew Darling, told News 6 that prosecutors made the right decision in dismissing the charge for someone who was shot in the leg over a traffic violation.
In terms of Stolk, FDLE said its case involving the shooting is still active.
The Orange County Sheriff’s Office said it did not have a statement regarding the state attorney’s office decision and said “they make the charging decisions in criminal cases.”
OCSO said Stolk was on paid administrative leave for a period of time but he is now back to work as a patrol deputy.