State Attorney Says December Shooting In Clearwater Justified

CLEARWATER, FL -- The Pinellas-Pasco County State Attorney's Office has concluded that the fatal shooting of a Clearwater man by police on Dec. 26 was justifiable homicide.

In a press conference Wednesday afternoon, Clearwater Police Chief Daniel Slaughter presented a video showing the events that led to the death of Wayne Falana Jr., 35, who was shot 16 times by Clearwater police officers (see related story).

"I can't think of any shooting s we've had in Clearwater that involved the exchange of multiple rounds like this in my 26 years," said Slaughter. "It's a pretty safe city but this job can creep up on you. You can't be complacent."

Slaughter said a combination of "luck and good training" along with Sgt. Tom Dawe's good instincts kept his officers safe that morning.

The Clearwater Police were alerted to situation at 1:57 a.m. when Falana's girlfriend, Annie Vann, 33, sent a Facebook message to a family member saying, "Help, call 911, 1444 Gulf to Bay Blvd. He has a gun".

Police began searching for Vann's location at the apartment complex at 1444 Gulf to Bay Blvd. and eventually came across vehicles registered to Vann and Falana. They also noticed surveillance cameras focused on the parking lot so they knew Falana had been alerted to their presence.

When they approached the back door of the apartment that Falana was using as a recording studio, they found the door unlocked. They opened it and announced themselves, and Vann came forward from the dark hallway.

It was Vann's demeanor that caused Dawe to caution his team against proceeding further into the apartment, said Slaughter.

"Her demeanor was nervous and they felt something wasn't right," he said.

Eventually, they convinced Vann to come out of the apartment and patted her down for weapons. Seconds later, officers were under fire. Falana, armed with two different guns, began shooting at officers through the glass door. The officers took cover behind their police cars and began firing back.

"This was somebody who decided he was going to try to kill police officers," said Slaughter. "I think his comment was, 'I'm ready to die; they're going to die; everybody's going to die.' He was an angry man."

One bullet struck Dawe in the boot and another went through his pants but didn't penetrate the skin. Another five bullets struck police vehicles.

Suddenly, Falana ran out of the apartment and past the police cars across the street into a residential area, still shooting at officers as he ran. No longer protected behind their vehicles, officers opened fire on Falana. He died at the scene from 16 bullet wounds.

"They were exposed," said Slaughter. "They had no choice but to react with great swiftness and accuracy. The officers did what they had to do."

Officers Michael Spitaleri, Robert Main, Zachery Senter and Steven Buis,were placed on administrative leave while the State Attorney investigated the shooting. They will return to duty this weekend.

Slaughter said his office is continuing its criminal and administrative investigations into the shooting.

Video via Clearwater Police

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