State Attorney says three deputies "justified" in March 25 shooting death of Dunnellon man
Law enforcement had been summoned to the mobile home, located on N. Windbreak Terrace in Dunnallon, Florida, by Otto's roommate of three to four months. During the call for service, Mr. Otto arrived home in his truck, and was shot by the deputies after he pointed a firearm at Deputy Belfry while he was still inside his truck. The deputies fired a total of 48 rounds, 18 by Belfry, 16 by Garrison and 8 by Erdman.
After detailing the facts of the investigation, Attorney Gladson concluded that, "All three deputies acted reasonably under these circumstances and therefore their actions are justified." He said his office would take no further action in the matter, and Sheriff Prendergast would be responsible for determining if the deputies were in compliance with the policies and good police practices of the Citrus County Sheriff's Office.
Gladson pointed out that Florida Statutes state that a law enforcement officer may use any force he or she resonably believes is necessary to defend themself of bodily harm while making an arrest, and anyone is justified in the use of deadly force, when necessary, to prevent imminent death or great bodily harm to themself or another person; the determination must be made from the prespective of the person using the deadly force, and the person is not required to retreat before using deadly force. Gladston further stated that the deputies involved in the shooting had a legal duty to investigate the 911 call, and Mr. Otto had no right to assault or threaten the depuies who were performing their official duties.
Attorney Gladstone's letter detailed the incidents that led to the shooting:
On March 25, Otto's roommate was asleep inside their mobile home and was awakened by Mr. Otto kicking in the door, throwing mail at him and "yelling incoherently" about a flag on the mailbox being knocked off. Otto was also upset that he had no money to pay his bills, and his roommate had no money to give him. The roommate said that he feared for his life due to Otto's behavior and the roommate being aware that Otto was armed with a 0.45-caliber Hi-Point firearm he carries with him. The roommate told Otto that he was contacting law enforcement, and Otto left the home in his red 2003 Ford F250 pickup truck. The roommate then called law enforcement and informed them that Otto was carrying a firearm.
Otto's on and off girlfriend told law enforcement that she'd seen Otto earlier in the day, and he was annoyed with his roommate for not paying rent. She said that problems in her relationship with Otto included his alcoholism and erratic behavior, and also that he'd once shot her television with a firearm because he was upset that her 5 year-old son watched too much TV. She said Otto has been diagnosed with paranoia and schizophenia, and he has a strong anomosity toward law enforcement. She said he'd previously told her that no one would tell him what to do, and if anyone tried to stop him, there would be trouble. She said he regularly carries a firearm and Otto had told her, the previous day, that he was tired of everything. Otto's girlfriend told investigators that she believes that Otto had tried to 'commit suicide by cop.'
When the three deputies arrived at Otto's residence on March 25, they parked outside the gate because, even though the gate was open, a cinder block had been placed in the middle of the driveway after Otto had driven through it. Deputies noticed that Otto's roommate had a scratch on his arm that he said he'd gotten when he'd pushed Otto out of the door earlier.
While the deputies were speaking with Otto's roommate, Otto drove up, revving his engine, driving aggressively toward the deputies. The deputies removed their firearms from their holsters and held them in the low-ready position. Otto was ordered to place the truck into park and turn off the ignition. Otto stared at the deputies and eventually complied with their commands, but then reached down toward the floorboard with his right arm, so the deputies all commanded him to show his hands. Otto then extended his right arm out of the truck's window and pointed his Hi-Point firearm at Deputy Belfry, who was 15 to 20 feet away, and all three deputies opened fire, "Until Otto was no longer a threat and slumped over leaning to the right," the letter stated.
Otto was declared deceased at the scene of the incident. His autopsy showed that his blood alcohol level was 0.201 (the legal limit is 0.08 in Florida), and he also had methamphetamine and amphetamine in his system.