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Prosecutor: Police officer from Marion County, Florida, was right to shoot man

Prosecutors concluded that a Marion County sheriff's deputy was legally authorized to use deadly force when he shot a man who pointed a gun at him on New Year's Eve.

Assistant District Attorney Walter Forgie wrote in a letter to Sheriff Billy Woods: “Section 776.05 of Florida law authorizes law enforcement officers to use any force they deem necessary to protect themselves or another person from physical harm during an arrest.”

Forgie added: “Florida law, 776.012, authorizes a person to use deadly force if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily injury to himself or herself or others.”

The attorney concluded, “The deputy's use of deadly force was clearly reasonable and therefore lawful under the circumstances, and the matter is now closed.”

The process

Law enforcement shootings are typically investigated by the Florida Department of Law Enforcement. FDLE investigators submit their report to the state attorney's office, which reviews the circumstances of the case and determines whether the shooting was justified.

If the shooting is deemed unlawful, the Public Prosecutor's Office will file the appropriate charges against the police officer. If the police officer is not guilty, the SAO will close the case.

The Sheriff's Office offers counseling to any police officer involved in a shooting. The department has a peer support team led by a chaplain that provides these services.

Even if no charges are filed, the Sheriff's Office will conduct an internal investigation to determine if any agency policies or procedures were violated. If anything is uncovered during that investigation, appropriate disciplinary action will be taken.

There is also a Shooting Investigation Board whose members are investigating the shooting to see if any lessons can be learned from the incident.

In this case, the deputy who fired the shots was identified as Cpl. Jarrick Donely, who has been with the department for nearly nine years. After the shooting, Donely was placed on paid leave as usual. He returned to work less than a month after the shooting, sheriff's officials said. The internal investigation is ongoing.

In 2020, Donely and two other officers, Alan Edwards and Michael Lowder, shot Ricky Lee Miller, who pointed a gun at officers who approached him outside his Silver Springs Shores home. In that case, prosecutors said the officers' actions were justified.

In an interview with a Star-Banner reporter after the shooting, Miller's wife said she did not blame the officers for the incident.

Report of the Public Prosecutor’s Office

In the most recent case, according to Forgie's report, officers were called to the 6600 block of Southwest 19th Avenue Road on New Year's Eve because a resident heard several gunshots.

During their investigation, officers found that Steven Clark Jr. fired several shots inside a residence. Some of those present left the house, according to a Star-Banner report on the shooting.

Forgie's report states that Clark had been drinking alcohol and may have been depressed. Clark refused to speak with the officers who responded to him, so officers called the SWAT team and crisis negotiators.

After six hours of conversation, officers threw a chemical agent into the house and Clark came out armed with a semi-automatic shotgun, according to Forgie's report. Clark fired the weapon outside the house.

Forgie said Clark fired in the direction of the officers and an officer returned fire, hitting Clark multiple times in the upper and lower body.

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Clark was taken to HCA Florida Ocala Hospital, where he later died, the report said. A toxicology report showed Clark was intoxicated.

According to authorities, Clark was 41 years old and lived at the address where the shooting occurred.

Contact Austin L. Miller at [email protected]

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