Florida deputy mistakes falling acorn for gunshot, fires into patrol car with Black man inside
A handcuffed Black man sitting in the backseat of a patrol vehicle escaped injury after a Florida sheriff’s deputy mistook the sound of an acorn hitting his vehicle for a gunshot and fired multiple times at the SUV on Nov. 12, 2023. The officer who initiated the shooting resigned. (Feb. 16)
FORT WALTON BEACH, Fla. (AP) — A Florida sheriff’s deputy mistook the sound of an acorn hitting his patrol vehicle for a gunshot and fired multiple times at the SUV where a handcuffed Black man was sitting in the backseat, officials said.
The man, who was being questioned about stealing his girlfriend’s car, was not injured during the Nov. 12 shooting. He was taken into custody but released without being charged. The officer who initiated the shooting resigned.
The Okaloosa County Sheriff’s office released the body camera video and an internal affairs report this week, addressing the acorn for the first time.
Investigators viewing the video from Deputy Jesse Hernandez’s body camera saw an acorn falling just before shots were fired, an internal affairs report by the Okaloosa County Sheriff’s Office concluded. The acorn bounced off the patrol vehicle’s roof.
That morning, Hernandez, a sergeant and another deputy had responded to a call from a woman who said her boyfriend had stolen her car and was sending her threatening messages. The woman told deputies that the man had a weapon, the report said.
Police detained the boyfriend and searched his car after handcuffing him and placing him the back of Hernandez’s patrol car.
That’s where he was when the acorn hit the vehicle.
As Hernandez approached the passenger side door of his patrol car, he heard a popping sound which he later told investigators he perceived to be a gunshot. And he said he believed he had been hit.
“He began yelling “shots fired” multiple times, falling to the ground and rolling,” the sheriff’s report said. “He fired into the patrol car.”
Sgt. Beth Roberts heard the gunfire and Hernandez’s screams, and began firing into the car as well, the report said.
While the county’s state attorney’s office found no probable cause for criminal charges, the sheriff’s internal affairs investigation determined Hernandez’s use of force was “not objectively reasonable.” Hernandez resigned on Dec. 4, the sheriff’s office said.
Roberts’ use of deadly force was found to be reasonable, and she was exonerated, the report found.
Sheriff Eric Aden said he realizes the situation was “traumatic” for the suspect, and his office has incorporated the shooting into training for other deputies.
He also said he does not believe that Hernandez acted with malice.
“Though his actions were ultimately not warranted, we do believe he felt his life was in immediate peril and his response was based off the totality of circumstances surrounding this fear,” Aden said.
Reviews of the case by the sheriff’s criminal investigations division and the county’s state attorney’s office found no probable cause for criminal charges for Hernandez, who started with the agency in January 2022.
Man in back of deputy car in Okaloosa County “acorn shooting” announces plans for legal action
It’s no surprise there’s a lawsuit coming out of Okaloosa County — where a deputy mistook an acorn falling and hitting his patrol vehicle for a gunshot — prompting him and another deputy to unload their guns on his patrol car with a man detained inside. The lawsuit announced Tuesday — along with new video from the incident back in November.
“Shots fired… Shots fired… Shots fired — shots fired.”
Those are the words that can be heard on OCSO body camera footage of former Okaloosa County Sheriff’s Deputy Jesse Hernandez, who on the video began firing at his own patrol vehicle — after he thought he was not only being fired at — but shot on the job.
“I’m hit… I’m hit! I’m hit,” said Hernandez.
Despite being patted down, detained, and handcuffed moments earlier — Marquis Jackson was thought to be the suspected shooter — he was in the backseat of the patrol vehicle as multiple shots were being fired by not only Hernandez — but deputy Beth Roberts.
It was a domestic call that had deputies responding back in November. Jackson’s girlfriend claimed he stole her car — threatened her — and had a gun silencer — but wasn’t sure where it was.
As we know by now — no shots were ever fired by Jackson — nor was he armed. Again, the gunshot Hernandez thought he hard believed to be an acorn that fell on his vehicle.
Okaloosa County Sheriff Eric Aden said, “We let the public down. I will admit — this was a very tragic and traumatic incident for Mr. Jackson. To that end — I can only apologize.”
Jackson and his attorney announcing Tuesday a lawsuit against Okaloosa County on the steps of the Okaloosa County Courthouse.
Jackson’s attorney DeWitt Lacey said, “”This was a reckless display of capricious lethal force from the Okaloosa officers; the officers had no legal or factual justification for their overwhelming use of deadly force.”
Jackson quoted as saying: “Memories and thoughts of my family and mom kept racing through my head; I thought I was going to die. Not a day goes by where something won’t trigger a memory of that day, the fear I felt laying handcuffed in the back of that police car being shot at. I also have nightmares, just reliving that moment over and over.”
Okaloosa County Sheriff Aden released the following statement:
“We understand a press conference will be held to discuss the November incident that involved Mr. Marquis Jackson. Based on the law firm’s press release published on Monday, we are concerned about false and misleading statements that will be made about this incident.
Two investigations, including an independent review from the Office of the State Attorney confirmed no long guns were used to shoot at Mr. Jackson. Deputies only used long guns with bean bag rounds to breach the window to help Mr. Jackson get out of the vehicle and he was informed that he was not being shot at. The press release inaccurately reports a minimum of 32 rounds were fired. Our investigation confirmed 22 rounds were fired. Mr. Jackson was also not searched twice. He was only ever patted down. Finally, we have not and will not speculate about former Deputy Hernandez’s mindset, as he resigned before he could be interviewed for the investigation.
This is information we will share with Mr. Jackson and his legal team, if necessary, through the litigation process. While we are fully committed to defending ourselves in this matter, we sincerely wish Mr. Jackson well. The entire Okaloosa County Sheriff’s Office remains committed to the excellent service and protection of our residents and visitors.” – Sheriff Eric S. Aden, Okaloosa County Sheriff’s Office.
The following is the full press release from Jackson’s attorney:
Okaloosa, FL–In an incident that has ignited widespread public and media attention, Marquis
Jackson, a young black resident of Okaloosa County, Florida, will attend a press conference on
the steps of Okaloosa County Courthouse with his attorney DeWitt Lacy, a Partner at the law firm
Burris Nisenbaum Curry & Lacy (BNCL) to announce the submission of a notice of intention to file
a major lawsuit against Okaloosa County over the harrowing events of November of 2023
involving Mr. Jackson and the Okaloosa County Sheriff’s Office over Deputy Jesse Hernandez of
the Okaloosa County Sheriff’s Office discharging his firearm into the back of his own patrol
vehicle where Marquis Jackson, a young black Florida resident, had been detained after being
handcuffed and searched twice by the officer. According to police reports, Officer Hernandez was
startled by the sound of an acorn falling on his squad car containing the cuffed Marquis. The
shots, which were fired by both Deputy Hernandez and Sergeant Beth Roberts, also on the scene,
each were armed with a Sig Sauer P320 pistol, both officers fully discharged their weapons. A
minimum of 32 rounds were fired at the police SUV containing Mr. Jackson. Bodycam and
never-before-seen video revealing new details will be made available by attorney DeWitt Lacy.
“Memories and thoughts of my family and mom kept racing through my head; I thought I was
going to die,” said Marquis Jackson. Despite the onslaught of gunfire, Mr. Jackson was not hit.
However, the emotional and psychological scars have been profound, with Mr. Jackson himself
declaring the damage to his psyche as irrevocable. “Not a day goes by where something won’t
trigger a memory of that day, the fear I felt laying handcuffed in the back of that police car being
shot at. I also have nightmares, just reliving that moment over and over”, said Marquis Jackson.
Sergeant Roberts, following Deputy Hernandez, yelled, “Shots fired!” and “I’m hit! I’m hit!”
causing his partner to unload her weapon. However, the subsequent OIS investigation clarified
that no shots were fired at the officers. The interior of the patrol car, where Mr. Jackson lay,
became a zone of acute danger when the interior separation cage was shattered by the gunfire.
Amidst the chaos, Mr. Jackson recalls the officers’ insistence on shooting out all the windows of
the patrol car before they would approach. At the same time, he remained handcuffed, lying on the
back seat. His pleas, emphasizing his incapacitated state with shouts of “My hands are
handcuffed,” were met with continued demands for him to raise his hands. This physical
impossibility heightened the surreal terror of the moment.
In addition to endangering the lives of nearby residents in the crossfire. Mr. Jackson’s account
sheds light on the ongoing psychological torment he endured, marked by a haunting fear of death
and the ongoing trauma that disrupts his daily life. Today, the echoes of that day manifest in
persistent nightmares and involuntary recollections, a testament to the indelible scars left by the
incident.
The emotional aftermath for Mr. Jackson is not just a private struggle but a public concern,
underscored by his involvement in community charity work with an NBA player’s charity
foundation. Mr. Jackson’s contributions to turkey giveaways and Youth Basketball events starkly
contrast with that fateful day’s narrative, emphasizing the broader impact of his experience
beyond personal suffering.
“Memories and thoughts of my family and mom kept racing through my head; I thought I was
going to die,” said Marquis Jackson. Despite the onslaught of gunfire, Mr. Jackson was not shot.
However, the emotional and psychological scars have been profound, with Mr. Jackson himself
declaring the damage to his psyche as irrevocable. “Not a day goes by where something won’t
trigger a memory of that day, the fear I felt laying handcuffed in the back of that police car being
shot at. I also have nightmares, just reliving that moment over and over”, said Marquis Jackson.
Sergeant Roberts, following Deputy Hernandez’s lead, yelled, “Shots fired!” and “I’m hit! I’m hit!”.
However, the subsequent OIS investigation clarified that no shots were fired at the officers. The
interior of the patrol car, where Mr. Jackson lay, became a zone of acute danger, with the interior
separation cage being shattered by the gunfire.
Amidst the chaos, Mr. Jackson recalls the officers’ insistence on shooting out all the windows of
the patrol car before they would approach. At the same time, he remained handcuffed, lying on the
back seat. His pleas, emphasizing his incapacitated state with shouts of “My hands are
handcuffed,” were met with continued demands for him to raise his hands. This physical
impossibility heightened the surreal terror of the moment.
Mr. Jackson’s account sheds light on the psychological torment he endured, marked by a
haunting fear of death and the ongoing trauma that disrupts his daily life. Today, the echoes of
that day manifest in persistent nightmares and involuntary recollections, a testament to the
indelible scars left by the incident.
“This was a reckless display of capricious lethal force from the Okaloosa officers; the officers had
no legal or factual justification for their overwhelming use of deadly force” Civil Rights Attorney
DeWitt Lacy.
