Tampa man shot by deputy, acquitted by jury sues Hillsborough Sheriff’s Office
TAMPA — A Tampa man shot three times by a deputy in 2017 accuses the Hillsborough County Sheriff’s Office in a lawsuit of attempted murder, excessive force, false arrest and false imprisonment.
Babak Payrow, 39, is seeking more than $1.5 million in damages in the lawsuit filed Nov. 23 in Hillsborough Circuit Court.
In January 2020, Payrow, a native of Iran, was acquitted of attempted murder of a police officer.
According to an arrest report, Deputy David Cloud was under duress Nov. 29, 2017, when he opened fire on Payrow, shooting three times at close range while Payrow rushed at him with a ten-inch screwdriver. Payrow said he was actually attempting to flee and was shot in the back.
The incident began when Cloud saw Payrow walking alone near Turner Road and Brushy Creek Drive south of Ehrlich Drive around 10:30 p.m. Cloud, mindful of a spike in burglaries in the area, made a U-turn to speak with Payrow, the arrest report said.
Cloud shined his cruiser’s spotlight on Payrow and Payrow, holding a black handbag, started walking toward the deputy. The deputy told Payrow to stop approaching him. Payrow replied repeatedly that he was with the FBI and kept walking toward Cloud, the arrest report said.
Payrow reached into the bag, pulled out a screwdriver and waved it in a threatening manner. Cloud said he believed the screwdriver was a knife. The deputy raised his arm to protect his head from attack and at the same time fired a shot at Payrow. Payrow continued to attack Cloud, the arrest report said.
Payrow was tackling Cloud to the ground when the deputy fired another two shots. Cloud administered first aid until an ambulance arrived to take Payrow to St. Joseph’s Hospital.
The lawsuit provides a different account, saying Payrow never brandished a weapon and never attacked the deputy. Payrow was waiting for a ride home when Cloud approached him and was trying to flee, not attack the deputy, the lawsuit said.
The three bullets severely damaged Payrow’s liver, bladder, left pelvis and left index finger, the lawsuit said. Surgery was required and some injuries were permanent.
Payrow has “suffered and continues to suffer damages which include physical pain and suffering, physical convenience, physical discomfort, permanent physical injuries,” the lawsuit said.
Prosecutors said Payrow’s acquittal means the case against him didn’t meet the requirements of guilt beyond a reasonable doubt but not that Cloud made a mistake.
“Like any other person, the deputy is justified in defending himself from an attack that may cause great bodily harm,” Grayson Kamm, State Attorney’s Office spokesman, told the Tampa Bay Times.
Neither the state attorney nor the Sheriff’s Office would comment on the lawsuit.
Payrow was sentenced to a year in county jail in 2015 on a Hillsborough County charge of aggravated assault with a deadly weapon, state records show. Jail records show he was released at the time to a state hospital.
Calls to a number listed as Payrow’s were not returned. His attorney could not be immediately reached for comment.
