Officer-involved shooting turned over to state attorney

The investigative summary into September's fatal officer-involved shooting has been finished and turned over to the state attorney's office for review.

Assistant State Attorney Steve Houchin said Tuesday he had just received the report, which he estimated was 10 to 12 inches thick.

Houchin will review the case and decide if the two Florida Highway Patrol troopers involved were justified in their actions that led to the death of Amber Nicole Gregory, or if the case needs to go to the grand jury.

The state attorney's office will also determine whether additional charges will be filed against Robert Swank, 37, who allegedly tried to hit the two troopers with his car, thus leading to the shooting.

"Basically, it's in their court," said FDLE spokesman Mike Morrison.

Swank has already been charged with aggravated battery on a law enforcement officer, aggravated assault on a law enforcement officer and fleeing/eluding, but Houchin said no additional charges have been filed at this time.

On Sept. 21, FHP Trooper Kenneth Jorgensen tried to pull over Swank's vehicle after he failed to stop at a traffic light at U.S. 27 and College Drive in Avon Park. He was reportedly trying to outrun the trooper because of a shoplifting incident that happened just 12 minutes before.

Swank turned into a Race Trac gas station parking lot just south of Avon Park as FHP Trooper John Paikai arrived to assist Jorgensen. When Paikai pulled into the lot, the suspect reportedly rammed the patrol car and sped away.

The pursuit continued through Avon Park before Swank crashed at the intersection of U.S. 27 and Batts Street, according to the arrest report. As the troopers approached the vehicle, Swank stepped on the gas and hit Paikai with the car.

Both troopers opened fire and the chase continued approximately a half of a mile to the Avon Park Walmart parking lot. Swank got out of the vehicle and tried to run, but was caught and arrested, the report stated. Gregory, his passenger, had been shot and was pronounced dead at the scene.

Morrison said at the time no one else was inside the car and Gregory was not pregnant, contrary to rumors and speculation. He did not, however, reveal any new details about the investigation Tuesday.

Swank remains in the Highlands County Jail under no bond.

FAST FACTS

Assistant State Attorney Steve Houchin will review the case and decide if the two Florida Highway Patrol troopers involved were justified in their actions that led to the death of Amber Nicole Gregory, or if the case needs to go to the grand jury.

The state attorney's office will also determine whether additional charges will be filed against Robert Swank, 37, who allegedly tried to hit the two troopers with his car, thus leading to the shooting.