Statement from William P. Cervone, State Attorney, Eighth Judicial Circuit
Since the shooting of Kofi Adu-Brempong, the Florida Department of Law Enforcement has completed and submitted its report as to the facts involved to my office. Reports have also been submitted by the University Police Department. After reviewing those reports, obtaining necessary follow-up information, and considering the legal issues involved, I am today announcing that I will not pursue any criminal charges against any of the officers involved in this incident. Because the original charges lodged against Adu-Brempong remain unresolved, I must be circumspect in discussing this decision. Understanding the legitimate community interest in this matter, however, I can make the following statements.
First, I believe that the decision to enter Adu-Brempong's residence was legally justified by legitimate concerns for his well-being. Had that action not been taken and had he or others come to harm because of the inaction of law enforcement, an equal or stronger issue as to the propriety of police inaction would doubtless have been raised. That alternatives to entry may have existed is immaterial; I cannot speculate on events or decisions that were not made. It is also not the role of my office to direct policy decisions that may be involved in responding to crisis situations such as were involved in this matter as opposed to reviewing the legality of the course of action that was chosen. Policy discussions are for the agency involved and its leadership as well as the community (both the University and the greater community surrounding it), which in my view is best accomplished through public debate and dialog.
Second, the only credible evidence as to the circumstances of what occurred once entry was made into Adu-Brempong's apartment comes from the multiple law enforcement officers involved. No one else, civilian or otherwise, was in a position to see or hear anything directly relevant to those events other than Adu-Brempong, whose credibility is adversely affected because he was suffering from a significant mental health crisis at the time, although his subsequent statements to the media are generally consistent with the reports of the law enforcement witnesses, as is the physical evidence, which includes a metal table leg and a knife recovered from the immediate area of the confrontation. While differing from witness to witness because of their differing vantage points and focus of attention, the evidence is consistent with a circumstance where an individual armed with an object that could have been an effective and possibly deadly weapon threatened or appeared to threaten harm to others. Under Florida's self-defense laws, in such a circumstance, anyone, law enforcement officers included, has the right to use force, even deadly force, in self-defense. A debate about the propriety of this as opposed to other available options is again not for my office when the decision that was made is lawful.
Given these two conclusions, there is no basis upon which any criminal charges against the officers involved could be predicated, and it is my belief that the time has come to put that issue to rest. I would like to assure those who are concerned about the time required for this process to be completed that all involved, including Adu-Brempong's defense team, have been in frequent and productive contact aimed at finding an appropriate resolution of everything involved in this matter. I am confident that with the on-going participation of his attorneys the case against Adu-Brempong will also be resolved shortly. When legally permissible, additional information concerning that will be released. Pending that, dialog concerning the policy and procedural aspects of everything involved should certainly continue in the appropriate public forums, but all involved should be cognizant of the dangers of drawing conclusions before facts are established.
Source: http://www.gainesville.com/assets/doc/GS20337521.DOC
No charges against UPD shooter; lawyer sees case resolved soon
