Witness: Trooper was attacked with his own Taser before he fatally shot man in Ocala

The Florida Department of Law Enforcement continues to investigate the Jan. 24 fatal shooting inside HCA Florida Ocala Hospital. In the meantime, reports from the Ocala Police Department provide additional information about the case, in which a Florida Highway Patrol trooper used deadly force when struggling with a man whom he was detaining.

According to the reports, the shooting happened in front of a nurse’s station outside a hospital room. OPD Officer Stephen Kelly was with the trooper, identified as Sebastian Mendoza, at the time of the shooting.

In his report, Kelly said he was working as a detail officer at the hospital in the early morning hours of Jan. 24. OPD always has an officer stationed at the hospital.

Kelly said he saw Trooper Mendoza with a man name Cody Dennis in custody. Dennis was being medically cleared and then was going to be taken to the Marion County Jail for processing.

The reports don’t say why Dennis, 27, who was from Kentucky, was in custody at that time or why he needed medical clearance.

The Star-Banner checked Marion County public safety communication calls from around that day and time but could not identify any information about an FHP traffic stop that might have involved Dennis.

According to Kelly’s report, Dennis told the trooper he wanted to use the bathroom. The trooper uncuffed Dennis from a bed and walked him to the bathroom, which is in front of a nurse’s station.

Dennis entered the restroom “and then immediately exited, stating he wasn’t going to use that one,” according to Kelly’s report.

“Dennis then looked at me and moved his head in an up and down motion. This appeared to be an attempt of his to ‘size me up’ (create judgment as to my capabilities/abilities,)” Kelly wrote.

Dennis looked to his left, toward an exit that leads to an ambulance bay, and then to his right, down a hallway. In the report, Kelly said he recognized this as Dennis’ effort to find a potential escape route.

Kelly said Trooper Mendoza again asked Dennis if he wanted to use the bathroom, and the answer was no. The trooper turned Dennis around against a wall.

Dennis tried pulling away and “turned toward the ambulance exit,” the report says. Kelly was standing to the right of Dennis. The officer said he tried to grab the man’s upper body, but Dennis moved forward, “which I believed was an attempt to break away,” the report says.

The officer was able to get Dennis to the ground. There was a struggle. Kelly heard the trooper “give commands to Dennis to stop resisting, and at one point I felt the jolt of an electronic control device (ECD) being utilized. I do not know who had possession nor who activated the ECD,” Kelly wrote.

“Several moments after feeling the ECD, I heard two muffled ‘pop’ sounds which I initially believed came from the ECD being deployed. However I heard a third ‘pop’ which I then recognized the sounds being gunfire,” Kelly wrote.

“I attempted to disengage myself while still on the ground and began sliding backwards. I felt pressure on my right foot, toe area and observed a mushroomed around on my boot. Trooper Mendoza asked me for handcuffs which I gave to him and Trooper Mendoza then handcuffed Dennis who was unresponsive. ER staff then began giving medical treatment to Dennis and myself,” Kelly wrote.

Police officials said Kelly suffered a rolled ankle during the struggle.

Video and independent eyewitness testimony

Ocala Police Officer Hamilton McPhillips wrote in his report that he reviewed video footage that showed the struggle.

According to his report, the video shows the FHP trooper and police officer walking someone to the bathroom. The person, later identified as Dennis, stopped in front of the bathroom and the trooper grabbed the individual’s jacket. The person resisted the trooper and the police officer went to help the trooper.

The individual went to the ground and the trooper removed his Taser and deployed it against the individual, the video shows. But the person (Dennis) managed to wrestle the Taser away from the trooper.

At that point, McPhillips wrote, the video screen turns white. When the picture returns, the trooper is away from Dennis and the police officer is seen crawling away from Dennis, who wasn’t moving.

The trooper is seen rolling Dennis onto his stomach and putting the man’s hands behind his back. Hospital staff then performs CPR.

A hospital custodian told McPhillips she was cleaning the bathroom when the trooper and the police officer brought someone to use the restroom. The woman said she got out the bathroom so the man escorted by the law enforcement officials could use it.

The woman said the individual (Dennis) was “verbally confrontational with the officers, and that the officers then advised the individual to go outside.”

The woman said the three men got “physical.” The woman said she saw one officer pull out his Taser and tase Dennis. The woman said Dennis got hold of the Taser and tased the officers. She said she then heard gunshots and Dennis was on the ground bleeding.

Another Ocala police officer, Michael Coughlin, wrote in his report that the shooting occurred shortly before 3 a.m. A doctor pronounced Dennis deceased shortly after 3 a.m. Dennis had a gunshot wound to the chest, according to the officer’s report.

Locally, Dennis doesn’t have a criminal record.

Items collected

OPD Officer Clayton Brown said when he arrived at the hospital, the trooper and the injured officer were being treated for minor injuries. He was told to get information from witnesses and take pictures of the scene.

Brown noted he took a picture of two shell casings, both of which were on the ground. One was just outside a room, the other in the center of the nurse’s station. The officer said he saw a shell casing behind the hospital equipment in front of the nurse’s station.

Brown also said a projectile was found in the right boot of one of the officers involved.

After the shooting, authorities were told to take Kelly and Mendoza’s equipment, including their duty belts. The items were given to the FDLE for their investigation.

The investigation

FDLE investigates law enforcement-involved shootings. Usually, once FDLE agents are finished with their investigation, their report is turned over to the State Attorney’s Office for review. Prosecutors determine whether any criminal charges will be filed.

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Ocala Police officials said Kelly remains on duty. So far the police department has not conducted any criminal investigation into the matter.

No one from FHP could be reached for comment about Mendoza’s status.

In response to questions from the Star-Banner, an HCA Florida Ocala Hospital spokesman said: “As this incident remains under investigation by state and local police, we don’t have additional information to provide at this time. As noted previously, we are providing support and counseling to colleagues as needed and made services available to patients and others who were present or may have been affected.”

Contact Austin L. Miller at austin.miller@starbanner.com

This article originally appeared on Ocala Star-Banner: Report: Trooper was attacked with his own Taser before firing fatal shots.

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