Attorneys Question Deputies' Actions In Minority Shooting, Crash

TAMPA, FL — The attorneys for the family of a 17-year-old Tampa teen who was shot and by a Hillsborough County Sheriff's deputy and is now paralyzed from the waist down is appealing to the public to come forward with information about what occurred on March 26. In part they are troubled because the deputy who fired the shots is not talking to investigators.

The family's law firms, Kuehne Davis Law, P.A. and Rywant, Alvarez, Jones, Russo & Guyton, P.A., issued a statement on Tuesday, a day after the sheriff's office released an update on the investigation into the shooting.

In a joint statement, the lawyers said they "believe the teenager, his family and the entire community are owed a prompt explanation of the shooting of an unarmed black young man."

On Monday, the sheriff's office posted photos of a potential eyewitness to the shooting and appealed to the public for help locating him.

The sheriff's office noted that the shooting is still under investigation, saying detectives have conducted additional interviews, forensically mapped the scene, reviewed all forensic evidence and submitted the firearm to the Florida Department of Law Enforcement for analysis.

It's what the sheriff's office didn't include in that checklist that concerns the family's attorneys.

In a press conference the day after the shooting, Sheriff Chad Chronister said detectives would conduct a formal interview with Deputy Daniel Estanislau, 26, who shot twice at the teen, hitting him once in the upper body.

However, in Monday's update, the sheriff's office stated that Estanislau provided a written statement about the events on the night of the shooting.

"For reasons unexplained, the shooting deputy has not agreed to speak with his employer, the Hillsborough County Sheriff’s Office, and explain why he shot the unarmed juvenile, opting instead to provide a statement through his lawyer," said the attorneys. "This confirms what has been known since the tragic and unexplained near-fatal shooting—that the deputy’s decision to shoot an unarmed 5-foot-3-inch black teenager is not and cannot be justified."

Like the sheriff's office, the attorneys hope to find eyewitnesses to the shooting who can shed a light on what occurred. They are asking witnesses to contact their law firms at 813-229-7007 or 305-789-5989.

Neither the sheriff nor the family's attorneys have named the 17-year-old teen. However, the sheriff's office said the teen has prior arrests and the sheriff's office has responded to other domestic violence calls at the teen's home.

At 7:42 p.m. on March 26, 911 dispatch received a call from the teen's grandfather, saying the teen had gotten into an argument with family members outside their home in the 1200 block of Skipper Road, and had struck his sister and pushed his mother to the ground.

The grandfather said the teen left area on foot. He described what the teen was wearing and said that he was not armed.

Estanislau was among the deputies dispatched to the scene. He located the teen a short distance away. For reasons that are yet to be explained, Estanislau appeared to be unaware that the teen was not armed.

According to the sheriff's office, he ordered the teen to "Drop the gun; drop the gun." He then fired two rounds from his service resolver, striking the teen once. He was taken to Tampa General Hospital with critical injuries. No weapon was found at the scene.

"The teenager remains under hospital care, recovering from his injuries," stated the attorneys. "His entire life will never be the same because of the unjustified shooting. He is paralyzed from the chest down. The family of the unarmed teen remain hopeful that the sheriff’s office will do what is right to remedy this senseless tragedy."

The update into the shooting comes just two weeks after the sheriff's office exonerated another deputy of wrongdoing in a crash that killed a 15-year-old Tampa boy.

On Jan. 11 at 6:25 p.m., Deputy Philip Montesi, 29, was working undercover when he struck and killed 15-year-old Josiah Pinner with his unmarked sheriff's vehicle on North Florida Avenue.

Witnesses told the family that Montesi was speeding at the time of the accident and, after striking the teen, proceeded down the street before returning to the crash scene.

Those eyewitness statements prompted family members, concerned residents and the family's attorney to attend a Hillsborough County Commission meeting en masse March 6 to demand that Montesi be charged like any other person who leaves the scene of an accident.

"If the roles had been switched, any of us would have been charged with vehicular manslaughter," said Seminole Heights resident Jason Carrey.

The sheriff's office contends that Montesi didn't leave the scene. He simply drove to an area where he could safely turn around. Meanwhile, a deputy in a marked car who was following Montesi stopped at the accident scene to block traffic and render aid.

Related article: Family Of Young Crash Victim Call For Deputy To Be Fired, Charged

On April 2, the sheriff's office announced that it had completed its investigation into the crash and forwarded its results to the State Attorney's Office, which declined to file criminal charges against Montesi.

The investigation concluded that Montesi was driving 66 mph in a 45 mph zone even though there was no emergency at the time. As a result, he was suspended for five days without pay and required to attend an advanced driving course.

Edward Reyes, the attorney for the Pinner family, has not responded to Montesi's exoneration.

However, the decision didn't sit well with residents who say they're concerned about the treatment of minorities by deputies at the District 1 (North Tampa) sheriff's office.

"I look but I don't see the dignity in the way the family nor the community is being treated in this situation," Emily McManaway told county commissioners.

She said she attended two rallies for Josiah Pinner in which members of the community walked from the crash scene to the sheriff's District 1 office. Both times, she said, deputies on hand were disrespectful to those attending the rallies.

"The officers line up, they laugh and joke and point at us," she said.

"When does serve and protect start?" asked Hillsborough County resident Richard Guerrero. "It has become clear that the Hillsborough County Sheriff's Office is using more and more authoritarian-style police state tactics to intimidate we the people. This is not acceptable. Peaceful protests and assemblies should not be infringed by intimidation and military-style tactics, nor should deputies mock and make fun of protesters. It's shameful the things that are going on in this county."

See related stories:

• Parents Seek Answers After Teen Killed By Unmarked Sheriff's Car
• 2nd Rally, March Planned For Teen Killed By Undercover Deputy
• Investigation Into Deputy-Involved Shooting Underway
• Sheriff Seeks Witness In March 26 Deputy-Involved Shooting