A Jacksonville man plans to file a lawsuit against the Jacksonville Sheriff’s Office (JSO) following an incident where he was shot in the leg with his own gun during a Dec. 13 traffic stop on Main Street near 27th Street.
J A, who was 39 years old at the time of the accidental shooting, held a news conference at 11 a.m. Friday alongside Attorney K H W, a partner at The Witherspoon Law Group, to provide an update and recall what transpired ahead of the shooting.
The incident occurred on Dec. 13, when Arrington was stopped after running a red light. A disclosed to the officers who pulled him over — a man and a woman — that he was carrying a firearm.
According to A, officers instructed him to exit his vehicle so the weapon could be removed.
While A complied with being “frisked” and informed the officers of the personal gun ahead of time, a female officer reportedly tugged on his holster from his waistband multiple times, causing his firearm to discharge.
“She tugged on the gun the first time, and then she tugged again,” A said. “And that’s when I told her, ‘Hey, just let me unloosen my belt because it’s tight.’ And I guess, I don’t know, she might have got nervous or whatever, but she pulled harder two more times, and that’s when the gun, it discharged.
The man was legally permitted to have the gun, JSO said in a previous update.
The bullet struck A in his upper thigh and came out his inner thigh on his right side, leaving him with lasting physical impairments that affect his ability to work as a crane operator, A said.
“It messed with me as far as me working and stuff,” A said. “Certain things in my job I can’t do no more, perform, like getting up on equipment and stuff, different things. I have to get on top of trains and unload stuff, forklift, crane, whatever I have to do at my job. It’s kind of hard for me to do it. I can do it, but it’s challenging, like real bad.”
Attorney K H W said they are pursuing legal action and said A’s civil rights were violated. She added that A was cooperating and posed no threat during the stop.
View the full press conference below.
A’s injuries have led to ongoing physical therapy, emotional distress, and potential loss of income. He has also begun seeing a mental health professional.
W also said the body camera footage worn by officers has yet to be released despite a request, one which could take six to eight months to receive.
“Mr. A had violated a traffic law, certainly was not a wanted criminal,” W said. “There is no reason the body cam should not be released both to the victim of this situation and his council, and to the general public. So, we are asking JSO, the City of Jacksonville, to release the body cam footage. Because we believe it would in fact support what Mr. A has described to you today, it would show the citizenry, that the officers’ actions were in fact unreasonable, and it’s appropriate here…”
W said they haven’t filed a lawsuit yet, but it was in the works.
JSO has since updated its policies on handling firearms during traffic stops, but A’s legal team argues that additional training and transparency are needed. A’s team confirmed they will notify News4JAX when the lawsuit is officially filed. They hope the case will lead to policy changes and prevent similar incidents in the future.
The Jacksonville Sheriff’s Office issued a statement Friday after the news conference regarding the officer-involved incident.
The details of the incident that occurred on Main Street on December 13th are part of an active internal affairs investigation. Per FSS 112.533(2)(a) and 112.533(4), active internal affairs investigations, to include the identity of the officer and information learned during the investigation, are confidential until the investigation has concluded. The law does allow us to acknowledge that an investigation is currently underway.
An active internal affairs investigation is different from an administrative review of a critical incident, which JSO conducts for all officer-involved shootings. Active internal affairs investigations are subject to certain statutory restrictions covered under the Law Enforcement Officers’ Bill of Rights (FSS 112.532). As is customary in these types of investigations, the officer under investigation may have his or her law enforcement authority rescinded. That authority has been rescinded for this officer and the officer was reassigned to an administrative position until the active internal affairs investigation is complete.
Separately, due to pending litigation in this case, we will be unable to comment further.Jacksonville Sheriff’s Office, Public Information Office
Earlier this month, News4JAX obtained a Jacksonville Sheriff’s Office memo that was sent to patrol officers after the accidental shooting.
The first part of the memo addresses individuals carrying concealed firearms, especially after a new Florida gun law took effect last year that allows people to conceal-carry without a permit as long as they are legally allowed to have a firearm.
In the second section of the memo, it states that a person carrying a concealed firearm does not mean that person poses a threat or isn’t allowed to carry a concealed gun.
It also says that officers should not seize a detained person’s gun or remove it from a holster or vehicle without “articulable suspicion” that the person presents a threat to the safety of others, including the officer.
Source: news4jax
