Agency changes handguns after weapon fires, wounds deputy; gun manufacturer sued

INDIAN RIVER COUNTY – After a deputy was wounded by an accidental firearm discharge, sheriff's officials abandoned plans to equip the agency with the same model handgun in the incident, and instead chose a new weapon manufacturer to arm county law enforcement officers.

The Indian River County Sheriff’s Office corporal was shot in the leg after his service pistol discharged, which officials said fired involuntarily while still in its holster on July 14.

“He was coming in for a training class, he took off his vest, as he took off his vest a previous weapon that we were issued (Sig Sauer P320) discharged inside of his holster striking him in the calf,” Sheriff Eric Flowers said.

The bullet lodged near his ankle in what Flowers said was a “potential career ending injury.”

Records show one deputy was sitting in his agency vehicle around 1:20 p.m. and reported hearing a loud pop, before seeing deputies run to an officer who was attempting to stop the bleeding from his right leg.

Deputy Zachary Seldes ultimately applied his own tourniquet while fellow deputies rushed him to Cleveland Clinic Indian River Hospital, Flowers said.

Following a brief hospitalization and a “few surgeries,” Seldes was still on “light duty” until an expected return to his full training and patrol duties early next year.

Flowers spoke Monday at an announcement of what he said was a partnership with the agency's current handgun provider, FN America, and a demonstration of its latest service pistol, the 9mm FN 509.

“We hope that by being here today that other law enforcement leaders will think about this,” said Flowers. “...I’ve told my fellow sheriffs, if you’re still carrying this Sig weapon it’s a huge liability for your agency, and I just wanted to put it out there that I’ve got great concerns and I want to make sure people know about this.”

“We’re happy that Deputy Seldes is alive and walking around and he’s here to tell his story,” Flowers said to the media gathered at the agency’s gun range inside the former Indian River Correctional Institution compound.

Seldes was at the event, but Flowers said he wouldn’t comment, “due to pending litigation.”

He sued the firearms company, but when asked whether the agency would join the lawsuit, Flowers said, "I haven’t ruled it out at this point."

The agency was roughly two years into a weapons transition when Seldes was struck by a round from his P320, which the agency planned for a phased integration, Flowers noted.

Not the first time holstered gun fired

About two weeks after Seldes was wounded, Flowers said he learned of a similar instance reported by Connecticut police of the weapon allegedly firing while holstered during a scuffle in a lobby. Looking further into the handgun model, Flowers said he learned other agencies, including Pasco County, had “moved away from the model because of accidental discharges.”

Seldes joins what a Washington Post investigation report found was at least 80 people wounded, including law enforcement, since 2016 – and over 100 who say the P320 has fired without being touched.

According to the April 2023 report, the gun maker has faced “dozens” of lawsuits regarding the pistol, including what a 2020 military.com report said was a class action lawsuit settlement over a reported safety glitch that caused the model to fire involuntarily.

“We looked at the video,” Flowers said. “Unfortunately, it’s motion capture video, and in this instance he’s just outside of the field when the incident happens.”

In response to the Connecticut accusations, the gunmaker in late July put out a statement saying it was “confident," the case would be found to be an unintentional discharge because of contact with the trigger.

“Despite years of litigation and extensive discovery, no one has ever been able to replicate a condition under which the P320 could discharge without a trigger pull…” the company said in the statement.

The New Hampshire weapons manufacturer supplies branches of the U.S. military, which Flowers said was the reason for the its initial consideration.

The agency’s SWAT unit was first to use the model.

“They really liked it,” Flowers said.

After testing, he said even those with less accuracy, “all shot better,” with the P320.

The 9mm handguns were first purchased to replace the .45 caliber Glock 21, which Flowers said had been in use “for over 20 years.”

The agency was introducing the weapon in phases, due to what Flowers said were budgetary constraints to transition the entire agency at once. After the shooting, though, Flowers said he decided to move away from the P320.

“This incident just sped up that process,” he said.

“We traded in all those and we traded in all the Glock 21s towards the purchase, and so the out-the-door price for everything was a $136,000," he said.

The agency paid less than $400, or around $367 per gun, for a total of 370 weapons, Flowers said.

“All of our deputies are now carrying this weapon,” he said. “I’ve spoken at length with a variety of our deputies (and) they’re very happen with the transition. (They) said it’s one of the best shooting weapons they’ve ever had.”

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Corey Arwood is a breaking news reporter for TCPalm. Follow Corey on X @coreyarwood, or reach him by phone at 772-978-2246.

This article originally appeared on Treasure Coast Newspapers: Sheriff's Office changes handguns after weapon fires, wounds deputy