IRCSO says deputies cleared of wrongdoing after fatal Brevard shooting; awaiting state attorney decision
Editor's note: This story has changed from the original to clarify that it was Indian River County Sheriff's Office that said both IRCSO and Brevard County Sheriff's Office had cleared the deputies. The update also allows comment from the Brevard County Sheriff's Office, which did not respond for requests for comment for two days before publication.
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Following a chase last month that spanned multiple counties and involved shots fired from Brevard and Indian River County sheriff's deputies, the deputies who killed the Cocoa Beach gunman leading the chase have been cleared of any criminal wrongdoing by both sheriff's offices, according to the Indian River County Sheriff's Office.
But they are awaiting a final decision on whether the use of force was justified from the Brevard state attorney's office.
Lt. Joe Abollo, a spokesperson for Indian River County Sheriff's Office, said the Brevard County Sheriff's Office — the lead investigating agency — as well as the Indian River County Sheriff's Office determined the shots fired by Indian River deputies that killed Curtis Kimbrough, 42, June 25 were justified.
“Brevard County Sheriff’s Office and Indian River County Sheriff’s Office cleared (the deputies) criminally,” he said. “From my understanding, (BCSO) already cleared their part and have sent whatever information up to the state attorney’s office.”
The Brevard County Sheriff's Office, which for two days did not respond to requests for comment for this story, contacted FLORIDA TODAY via email after its publication, disputing that, saying the agency has not completed its investigation.
Kimbrough took two women hostage and led deputies from Osceola County through Indian River County and into Brevard, where eventually deputies fatally shot him.
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Indian River County Sheriff Eric Flowers made an announcement in a video statement Wednesday, saying that his deputies fired the fatal shots and that the 18th Judicial Circuit had cleared the deputies and determined their actions were justified.
But Brevard State Attorney Phil Archer's office said Thursday in an email to FLORIDA TODAY that they had not yet "received a completed investigation into this incident or rendered any decision as to the use of deadly force."
"It's just going through basically the formalities of the investigation," Abollo said. "Everyone's coming to the same conclusions that, you know, it's going to be a good shoot. Nothing's going to be found to be against (the deputies)."
Brevard County Sheriff's Office, however, said they are continuing to investigate.
"The Brevard County Sheriff’s Office continues to actively investigate this matter; will submit the completed investigation to the Office of the State Attorney upon its conclusion; and will rely upon the Office of the State Attorney to determine whether based on all the facts, the law enforcement actions taken in this case were justified. Ultimately, whether the use of force is justified in cases is for State Attorney Phil Archer to decide," said Sheriff Wayne Ivey through his spokesman Tod Goodyear..
In the video released Wednesday, Flowers said the deputies, who were not named, had returned to work after a "post-incident protocol."
The protocol is a period where the deputies are given time to decompress as a mental health precaution, Abollo said. The deputies can also be interviewed by the investigating agency.
"We're proud of these heroes, that they're back on the streets protecting our community," Flowers said.
The Brevard County Sheriff's Office has not provided an update regarding its deputies who were placed on leave following the incident.
Sebastian Police Department, who participated in the chase through Indian River County, had placed one officer on paid leave after the officer fired a weapon. Lt. Rob Vafiades said the officer has since returned to work.
What happened?
On the evening of June 25, deputies said Kimbrough took two women hostage from a home in the city of Okeechobee in Osceola County after he shot one of the women.
Tod Goodyear, a spokesperson for BCSO, told WESH 2 News in Orlando in a video statement that it appeared Kimbrough knew at least one of the women. The Sheriff's Office believed he may have been in a relationship with the woman he shot, and the other woman was her roommate.
Kimbrough led law enforcement through Indian River County and into Brevard County. Kimbrough shot at deputies on Interstate 95 in Indian River County, Sheriff Wayne Ivey said in a video posted to Facebook following the shooting.
The vehicle chase ended when Kimbrough drove into a wooded area near Old Dixie Highway and Foley Lane and got stuck in some sand.
Body cam footage shows deputies shouting to Kimbrough that he was surrounded with multiple guns pointed at him. They repeatedly told him to exit the vehicle with his hands up.
After about 20 minutes, Kimbrough exited the vehicle with a hostage, pointing a gun to her head. He held the hostage against himself like a shield, deputies said.
Kimbrough walked through the wooded area for about a half an hour, the body cam footage shows. As he neared the south edge of the line of woods, deputies fired at him, killing him.
The 41-year-old woman who was shot was hospitalized in serious condition following the shooting, while the other hostage, a 33-year-old woman, was treated and released from a local hospital. No updates have been available since June regarding the first hostage's health status.
Finch Walker is a Breaking News Reporter at FLORIDA TODAY. Contact Walker at 321-290-4744 or fwalker@floridatoday.com. Twitter: @_finchwalker
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This article originally appeared on Florida Today: IRCSO clears deputies involved in fatal shooting in Brevard that killed hostage-taker
