A deputy from the Okaloosa County Sheriff’s Office, identified as Jesse Hernandez, has resigned following an internal investigation into an officer-involved shooting incident that took place on November 12 in Fort Walton Beach, Florida.
The bizarre incident began when Hernandez and his colleague, Sgt. Beth Roberts, discharged several rounds into a patrol car, mistakenly believing they were under fire after an acorn fell onto the vehicle, simulating the sound of a suppressed gunshot, the Northwest Florida Daily reported.
The incident unfolded when deputies were responding to a disturbance involving a suspect, Marquis Jackson, 22, who was later detained and placed inside the patrol car.
Deputies Javier Reyna and Jesse Hernandez handcuffed Marquis Jackson (Screenshot: Okaloosa Sheriff/Youtube)
Miraculously, the suspect, secured inside the car, was unharmed despite the barrage of bullets. No weapon found in his possession. The only casualty of this incident? The acorn and the deputy’s career.
Sheriff Eric Aden, in a statement, confirmed Hernandez’s resignation and noted that although he was found to have violated policy, neither deputy faced criminal charges.
Sgt. Roberts, who joined in the impromptu shootout, was cleared of any wrongdoing, as she was acting in defense of her partner.
“The internal investigation by Okaloosa County Sheriff’s Office Professional Standards ultimately determined his use of force during a call on November 12th was not objectively reasonable. A policy violation regarding excessive use of control to resistance was sustained,” according to Okaloosa County Sheriff’s Office.
“The facts and evidence gathered during the investigation also led to the determination Sergeant Beth Roberts’ use of deadly force was objectively reasonable. She was exonerated.”
“After the initial investigation into the officer involved shooting was completed, it was reviewed by the OCSO Criminal Investigations Division for any possible criminal charges. Subsequently the OCSO requested an independent review by the 1st Judicial Circuit State Attorney’s Office. No probable cause for criminal charges was found. At that point per OCSO policy, the internal investigation was initiated.”
The internal report detailed how the misinterpretation of the acorn’s impact led to the drastic response, with Hernandez insisting he had been shot and engaging in gunfire, mistakenly targeting the vehicle holding Jackson.
Eyewitnesses and the subsequent investigation corroborated that the sound could have been mistaken for suppressed gunfire, but it was ultimately determined that Hernandez’s use of force was not justified under the circumstances.
His colleague, Sgt. Roberts, who also opened fire, was deemed to have acted within reasonable bounds, aiming to protect Hernandez under the belief that he was under attack.
According to Okaloosa County Sheriff’s Office:
Deputy Hernandez was approaching the passenger side rear door of his patrol car to do a secondary search of Jackson when he heard a pop sound which he perceived to be a gunshot and believed he had been hit. He began yelling “shots fired” multiple times, falling to the ground and rolling.
He fired into the patrol car. After witnessing Deputy Hernandez’s response and reaction and fearing for his life, the Sergeant responded with gunshots towards the car as well in response to the perceived threat.
Jackson escaped injury and no weapon was located. The audible sound Deputy Hernandez reported can be heard on body cam video and witnesses also attested they heard the sound they thought could have been a muffled gunshot.
Deputy Hernandez had been with the OCSO since January 2022. Sergeant Beth Roberts has been with the OCSO since May 2008. Both were current on resistance training and firearms qualifications.
You can read the full report here.
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