After being frightened by the sound of a falling acorn hitting his police cruiser, a former Florida deputy began shooting until he emptied the entire clip of his firearm at an unarmed suspect who was handcuffed in the car.
The Okaloosa County Sheriff’s Office on Friday released the findings in their investigation of the incident and declared that former deputy Jesse Hernandez used excessive force.
Hernandez resigned from his position on Dec. 4, 2023.
The sheriff’s office has released Hernandez’s body camera footage from the Nov. 12, 2023, shooting, and in the video, Hernandez — who is accompanied by police sergeant Beth Roberts — passes his police cruiser when he mistakes the sound of an acorn hitting the cruiser’s roof for muffled gunfire. Marquis Jackson, who was handcuffed and detained for suspected grand theft auto, was unarmed in the back of the car.
Hernandez then rolls onto the ground and yells “Shots fired!” four times. On his knees behind the car, Hernandez fires 11 gunshots at the vehicle.
With a groan, Hernandez lies on the ground and shouts, “I’m hit!” (He was not shot.)
Hernandez fires six more shots, emptying his firearm. Both Hernandez and Roberts were cleared of any criminal wrongdoing in the incident.
The Okaloosa County Sheriff’s Office said Roberts’ use of force was found to be “objectively reasonable.” She fired her weapon after Hernandez shouted about gunshots. Roberts later told investigators she believed Hernandez had been wounded.
Jackson was not injured, though he said the shooting has left him traumatized.
According to the sheriff’s office, the deputies arrested Jackson after his girlfriend claimed he stole her car and sent her threatening messages. One such text message from Jackson allegedly included a photo taken from inside her car of a firearm suppressor.
The girlfriend told officers that Jackson owned more than one weapon.
Upon his arrest, Jackson was handcuffed, searched and put into the back of the police cruiser. Officers did not find any weapons on his person.
“What I heard sounded what I think would be louder than an acorn hitting the roof of the car, but there’s obviously an acorn hitting the roof of the car,” Hernandez said after viewing a frame-by-frame recounting of his bodycam footage.
In a statement, sheriff Eric Aden said his office understands “this situation was traumatic for Mr. Jackson and all involved.”
“We are very thankful Mr. Jackson wasn’t injured and we have no reason to think former Deputy Hernandez acted with any malice,” he continued. “Though his actions were ultimately not warranted, we do believe he felt his life was in immediate peril and his response was based off the totality of circumstances surrounding this fear.”
On Facebook, Jackson said he was left mentally scarred by the shooting.
“All I could do was lean over and play dead to prevent getting shot in the head,” he wrote. “I was scared to death and I knew all I could depend on was God!”
Jackson said he was taken to hospital, then to the Okaloosa County Courthouse but was eventually released with no charges.
“I haven’t been the same since and I don’t think this feeling I have will ever change. I truly believe I’m damaged for life!” Jackson wrote.
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