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Deadly force justified in police shooting of Clearwater man, prosecutor says

Found: Fri Jul 12 19:21:20 2019 PDT
Source: Tampa Bay Times (FL)
Copyright: 2019 St. Petersburg Times
Webpage: [translate]
Author: Aaron Holmes, Times Staff Writer,

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prison was NOT mentioned
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Deadly force justified in police shooting of Clearwater man, prosecutor says Deadly force justified in police shooting of Clearwater man, prosecutor says

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* Clearwater

Deadly force justified in police shooting of Clearwater man, prosecutor says

The Pinellas-Pasco State Attorney's Office ruled that the June 8 death of Bryan Wallace was “justifiable homicide.” The two officers have returned to duty.

By Aaron Holmes

Times Staff Writer

Published 6 hours ago

CLEARWATER -- The two police officers who fatally shot a 39-year-old man last month were justified in their actions, according to the Pinellas-Pasco State Attorney's Office.

The June 8 death of Bryan Wallace was ruled “justifiable homicide,” according to the investigative report issued Tuesday.

Clearwater police Officers Justin Buis and Michael Diaz shot him while he was raising a pistol and refusing orders to drop the weapon, according to police. The two officers fired their weapons “while in the performance of their lawful duties,” the report said.

The two officers returned to patrol duty on Friday, which is when the Clearwater Police Department released State Attorney Bernie McCabe's investigation into the shooting. An internal police investigation of the shooting is still ongoing.

PREVIOUS COVERAGE: Clearwater police: Suspect in officer-involved shooting dies; investigation underway

Witness interviews and video footage recorded near the incident support the account of the officers, the report said, but there are inconstancies in their statements.

The officers were sent to investigate a report of a man waving a gun in a “threatening manner” when they encountered Wallace near a residence on the 1000 block of La Salle Street, the report said.

Buis and Diaz said they told Wallace they needed to talk to him, but that he walked away while pulling a pistol from his waistband. Wallace dropped the Glock 17 9mm pistol on the ground, then picked it up while they told him to stop, the officers told investigators.

Wallace was holding the gun and raising it, both Diaz and Buis said, when they shot him.

The State Attorney Office's report said video footage obtained from security cameras on the scene and interviews with four witnesses confirmed the officers' accounts.

However, the report also said none of those witnesses described events exactly as the officers explained them. Two witnesses said they only heard the officers tell Wallace to stop, followed by gunshots. However, they did not witness the shooting itself.

Witness Eugene Lane, told the Tampa Bay Times after the incident that he saw Wallace drop something -- he's not sure what -- and that officers fired at him as he reached for it.

“Everything happened in a split second,” Lane said last month.

Lane was interviewed by the State Attorney's Office and said he was unsure what Wallace dropped. But in other interviews with police investigators, the report said, Lane said the object was a gun.

Witness Carmen Chamblee, who said she was Wallace's cousin, told the State Attorney's Office that he had fallen to the ground and was not holding the gun when he was shot, the report said. However, the report noted that no other witness said Wallace was on the ground when he was shot.

The report did not clarify whether any of the video footage found shows the exact moment when Wallace was shot. In one video, he falls out of sight behind a Buick as officers have their guns drawn, but from the report it is unclear whether he falls before or after officers opened fire. The other videos reviewed by investigators were from before or after the shooting.

The State Attorney's Office concluded that Buis and Diaz did not act inappropriately, and opened fire “only after Wallace disregarded multiple police commands to drop his firearm, and after he showed no signs of compliance.”

The report noted that an autopsy found alcohol, cocaine, and marijuana in Wallace's system. He had a blood-alcohol content level of 0.227, the report said. Florida law presumes a driver is impaired at 0.08 or greater.

Rufus Woodard, a relative of Wallace, told the Times last month that her cousin was not a violent person and that he was excited to celebrate his 40th birthday, which was just days away on June 13.

Contact Aaron Holmes at or 706-347-1880. Follow @aaronpholmes.

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analysis of article text

prohibitionist hits:0 government drug warrior (prohibition_agency) hits:0 propaganda (drugwar_propaganda) hits:22 legalization hits:0 drug_reformer hits:0 reform_referenda hits:0 cannabis hits:6 stimulant hits:1 narcotic hits:0 hallucinogen hits:0
    prohibitionist     prohibition_agency     drugwar_propaganda     legalization     drug_reformer
    reform_referenda     cannabis     stimulant     narcotic     hallucinogen

incarceration/prison mentioned? NO - the issue of prison or incarceration was NOT mentioned in this article .

propaganda analysis

explicit prohibition propaganda (explicit_propaganda) hits:0 hated group (propaganda_theme1) hits:0 madness, violence, illness (propaganda_theme2) hits:20 survival of society (propaganda_theme3) hits:0 gateway, use is abuse (propaganda_theme4) hits:0 children (propaganda_theme5) hits:0 demonize, war, epidemic (propaganda_theme6) hits:0 total prohibition (propaganda_theme7) hits:0 dissent opposed (propaganda_theme8) hits:2
EXP - explicit prohibition propaganda (explicit_propaganda) GRP - hated group (propaganda_theme1) MAD - madness, violence, illness (propaganda_theme2)
SOC - survival of society (propaganda_theme3) USE - gateway, use is abuse (propaganda_theme4) KID - children (propaganda_theme5)
WAR - demonize, war, epidemic (propaganda_theme6) TOT - total prohibition (propaganda_theme7) DIS - dissent opposed (propaganda_theme8)

 drug of abuse implied / mentioned

drug related
[news] [concept]

illegal drugs  
drugwar_propaganda : a drug war propaganda event, campaign release, slogan, or themepropaganda

drugwar propaganda 80%
[news] [concept]

propaganda theme2 propaganda theme8 Why Are Americans So Easy to Manipulate? (Bruce E Levine, 2012)
Classic Modern Drug Propaganda
Themes in Chemical Prohibition
Drug War Propaganda (kindle edition)
propaganda_theme2 : drug war propaganda theme: madness, violence, illness caused by drugsmadness, violence, illness

propaganda theme2 80%
[news] [concept]

"violent" "murder" "homicide" "crime" "inappropriately" "dangerous" "Deadly" "fatally" "fatal" "threatening" "death" "impaired"20Madness Crime Violence Illness (propaganda theme 2)
Distortion 18: Cannabis and Mental Illness
No, marijuana use doesn't lower your IQ (10/2014)
 dissent silenced

dissent silenced 75%
[news] [concept]

"harassed" "block of La Salle Street, the report"2ONDCP law: studying legalization disallowed
Suppression of dissent
Right to petition
Felony disenfranchisement
Police Officers Fired for Improper Thoughts - About Legal Pot (2011)
propaganda_theme8 : dissent opposed

propaganda theme8 75%
[news] [concept]

dissent silenced Dissent Attacked (propaganda theme 8)
From Martin Luther King to Anonymous, governments target dissenters not just "bad guys" (2014)
 drug of abuse

illegal drugs
[news] [concept]

cannabis various illegal drugs stimulant  
 drugs 90%
[news] [concept]
various drugs  
 drug law
[news] [concept]
"pot law"1History of United States drug pr...
 psychoactive chemical

[news] [concept]

alcohol cocaine
 psychoactive plant

[news] [concept]

 euphoric stimulant
[news] [concept]
[news] [concept]
 depressant intoxicant 50%
[news] [concept]
[news] [concept]
[news] [concept]
 alcohol 50%
[news] [concept]
"alcohol"2Stanton Peele Addiction Web Site
Pot Threatens Booze Profits
cocaine : cocaine; any formcocaine
[news] [concept]
cannabis : cannabis (marijuana) product or usecannabis
[news] [concept]
"marijuana" "pot" "THC" "CBD" hemp5Cannabis: Religious and Spiritual Uses
Cannabis-Driving Studies Cannabis Link DB
Schaffer Library: Marijuana
U.S. Prisons Thriving on Jim Crow Marijuana Arrests (2013)
 various drugs 90%
[news] [concept]
 various illegal drugs
[news] [concept]
"drug deal-turned-robbery-turned"
DEA's Drugs of Abuse booklet
[news] [concept]
"school" "schools" "colleges"

st:0.01 fo:0 s:0 d:0 c:0 db:0.105 a:0.39 m:0.14 t:0.84 (f)

text of article used for CRITICAL ANALYSIS, under FAIR USE provisions of the Copyright Act of 1976, 17 U.S.C. § 107, et al.

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    article tags


    school concept
    various_illegal_drugs concept - general terms for illegal drugs
    various_drugs concept - general terms for drugs
    cannabis concept - cannabis (marijuana) product or use
    cocaine concept - cocaine; any form
    alcohol concept - ethyl alcohol for intoxication
    hemp concept - industrial hemp (for food, fuel, fiber, etc.)
    stimulant concept - a substance that produces stimulation
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    chemicals concept - Psychoactive Chemicals are chemicals which have mind- or emotion-altering properties.
    drug_law concept
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    illegal_drugs concept - drugs of abuse, so-called
    propaganda_theme8 concept
    dissent_silenced concept - drug war propaganda theme: dissent silenced
    propaganda_theme2 concept - drug war propaganda theme: madness, violence, illness caused by drugs
    drugwar_propaganda concept - a drug war propaganda event, campaign release, slogan, or theme
    drug_related concept - related to illegal drugs and prohibition