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Highlands Today

Administrative Review: Shooting By Deputy Justified

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By JOE SEELIG

Highlands Today

Published: September 13, 2008

SEBRING - An incident on July 6, when a sheriff's deputy fired his gun in defense of a fellow deputy who was injured when a driver swerved toward him, was ruled justified by an administrative review.

The review was conducted by Highlands County Sheriff's Lt. Gus Garcia and approved by Maj. Mark Schrader and Sheriff Susan Benton.

The deputy was also cleared of any criminal wrong-doing by the state attorney's office.

It was on June 6, when sheriff's deputies joined in a pursuit initiated by the Florida Highway Patrol near Sebring Drive, on U.S. 27 in Sebring, as the driver, later identified as Timothy Allen Amann, 48, of 1126 Josephine Court, in Sebring, sped south in a Dodge pickup truck.

It was previously reported that sheriff's deputies tried to stop the truck by putting down a tire deflating device (TDD) or "Stop Stick" as the pickup approached Lake Josephine Drive and U.S. 27.

Deputy William Gentry was reportedly struck in the hand by the vehicle while Deputy Michael Grieco Jr. pulled his gun and fired, hitting the truck at least one time.

Gentry could not say with certainty if the truck hit his hand or if he injured his hand pushing off of the moving truck to help him get out of the way.

The pickup was subsequently stopped and Amann, who was not hit by Grieco's bullet, was arrested after a brief pursuit and a sheriff's Deputy Luis Pratts and his K-9 partner Blue, tracked him to a canal near his home.

"We certainly were glad none of our deputies were seriously injured, and I'm glad we were able to take the suspect into custody without serious injury to him," Schrader said on Friday.

An administrative review was ordered on July 15.

Lt. Garcia was tasked with reviewing offense reports, other reports completed by the deputies and radio traffic recordings during the pursuit, as well as interviews conducted by the Criminal Investigation Unit, and firearms. He also reviewed training records for Grieco and Gentry.

In his review Garcia learned the request for assistance was called in by the highway patrol.

Sgt. Kyle Albritton joined the pursuit, taking command as the primary unit with his lights and sirens activated. Sheriff's Deputy James Brimlow assisted Albritton, taking a secondary position.

Gentry took a position at Lake Josephine Drive and U.S. 27.

Garcia reported that the string release for the Stop Stick device broke off from its bracket when he was trying to pull it out of his trunk. Gentry was not successful in deploying it.

Gentry reported that he dropped the device, but it landed under one of the vehicle's tires as he was trying to avoid Amann's truck when it swerved in his direction.

"Deputy Grieco said he believed the (pickup) was going to run him over as it headed in his direction. He perceived the threat to be imminent," Garcia said. "Deputy Grieco believed Deputy Gentry had been struck by the vehicle and was being dragged under the vehicle when he discharged his firearm toward the driver."

Two rounds were fired. Crime Scene Investigators found two empty shell casings at the scene. One round was recovered and the vehicle was only struck once by a bullet.

The pursuit ended at Lake Josephine Court, with several deputies and an FHP trooper who were following.

Deputy Brimlow fired his Taser-type round after the suspect ran away, swam away, ran some more and resisted arrest that night, the report stated.
Amann reportedly ran from his truck and then entered a canal. He was located, ordered to get out of the water, but he floated away toward the south, Schrader said. Deputy Brimlow went down stream and located a man dripping wet and ordered him to stop.

He fired his LCD (Electronic Control Device), said Schrader. Amann never left his feet, but he stopped and got tangled in the lines. There were no signs the probes hit Amann.

Brimlow saw Sgt. Chris Smith approaching Amann, said Schrader. Brimlow disconnected his Taser cartridge and Smith tackled Amann, securing him in handcuffs, he added.

Assistant State Attorney Steve Houchin met with the lead detective in the criminal investigation, Lt. Tim Lethbridge, and told him after a review, Grieco's "fear for the life of his fellow deputies and himself was justified and as such, (Grieco's) discharging of his firearm was justified."

In a memo dated Aug. 21, from Schrader to Benton, he wrote, after examining Garcia's administrative review; "the findings indicate that the response to resistance (use of force) used by Deputy Sheriff Mike Grieco was within Highlands County Sheriff's Office General Orders. Therefore I find no violations of HCSO General Orders."
Amann remained in the Highlands County Jail in lieu of $38,000 bond Friday on charges of aggravated assault with intent to commit a felony, fleeing attempting to elude a law enforcement officer with disregard to the safety of persons or property, resisting a law enforcement officer without violence, driving while driver's license suspended, DUI and refusal to submit to a DUI test.

Amann's next court date is scheduled for 9 a.m. Sept. 18.

Joe Seelig can be reached at (863) 386-5834 or jseelig@highlandstoday.com .

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