Video Released In Shooting Of Polk Deputy Saved By Bullet-Proof Vest

POLK COUNTY, FL — The Polk County Sheriff's Office has released the second shooting of a Polk County sheriff's deputy in three weeks. This time, the deputy's life was saved by his bullet-proof vest, said Sheriff Grady Judd.

Shortly after 10 p.m. on Wednesday, 15-year Deputy Nicole Lyons and 14-year Deputy Harodis "Tony" Nunez responded to the Tanglewood Preserve subdivision in Davenport regarding a family disturbance.

According to deputies, Gabriel Batista, 41, showed up at a home and began knocking on doors and windows. Deputies said he also called the resident and said the cops would have to kill him in front of the house. Deputies later learned that he informed one of the residents not to call law enforcement or "it wouldn't end well."

When the deputies arrived, Batista was gone, but he soon returned and confronted the deputies. He got out of his vehicle with his hands behind his back. The deputies gave verbal orders for Batista to show his hands.

Lyons was holding her taser and Nunez was holding his firearm.

Batista continued to conceal his hands, not complying with the deputies' orders, so Lyons attempted to subdue him with the taser. As the taser was fired, Batista brought a 9 mm pistol he was concealing behind his back forward and began shooting at deputies.

Judd said Batista fired six shots and one struck Nunez in the center of his chest but was stopped by his bullet-proof vest.

Nunez was able to fire one shot off at Batista, but missed.

Batista quickly threw down his gun and surrendered and was immediately taken into custody by both deputies.

"I am very happy to report that Deputy Nunez was released from the hospital. He is sore, but recuperating," Judd said Friday. "Domestic violence calls are among the most dangerous our deputies respond to. Gabriel asked for us to kill him and we would have fulfilled his request if Deputy Nunez's gun didn't jam. We will be holding Gabriel accountable for his depraved violence against our deputies."

After his arrest, Batista told detectives that, when he learned law enforcement responded to the home, he chose to return to commit "second-hand suicide."

There are four investigations currently underway into this shooting: a shooting investigation by the Polk County Sheriff's Office Bureau of Criminal Investigations; an internal investigation by the Polk administrative investigations unit; and independent reviews by the Polk state attorney's office and the 10th Judicial Circuit Officer-Involved Deadly Incident Task Force.

Batista was charged with two counts of attempted first-degree murder of a law enforcement officer, written threat to kill, resisting with violence and discharging a firearm on residential property.