An Okaloosa, Fla., lawmaker resigned after an investigation into an officer-involved shooting revealed that the suspect mistook the sound of an acorn falling on his cruiser for a gunshot and began firing at the suspect.
On November 12, 2023, a woman contacted the Okaloosa Sheriff’s Office to report that her boyfriend, Marquis Jackson, had her car stolen around 8:45 a.m.
Jackson returned to the neighborhood around 9:10 a.m. and was taken into custody by responding deputies. Deputies handcuffed Jackson and placed him in the back seat of then-Deputy Jesse Hernandez’s patrol car.
Video footage taken from Hernandez’s body camera shows the deputy returning to his car to conduct a secondary search for Jackson when he hears a pop and realizes it’s a gunshot.
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Former Okaloosa Sheriff’s Office Deputy Jesse Hernandez resigned after an officer fired a gunshot after mistaking the sound of a falling acorn for a gunshot. (Okaloosa Sheriff’s Office, via FOX 35 Orlando)
Hernandez then began screaming repeatedly that “shots were fired” and fell to the ground and rolled to avoid being hit.
“I hit it! I hit it!” Hernandez shouted, thinking he had been shot.
The deputy pointed his gun at the patrol car and fired, shattering the rear window.
Sergeant Beth Roberts, who was also at the scene, fired at the vehicle after witnessing the deputy’s reaction to what appeared to be a threat.
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Former Okaloosa Sheriff’s Office deputy Jesse Hernandez resigned after an officer fired a gunshot after mistaking the sound of an acorn falling for a gunshot. (Okaloosa Sheriff’s Office, via FOX 35 Orlando)
Jackson was able to escape from the vehicle without injury, the sheriff’s office said in a social media post.
The post added that a popping sound made by the acorn could be heard on body camera footage, and witnesses said they also heard what sounded like a muffled gunshot.
An internal investigation by the Sheriff’s Office determined that Mr. Hernandez’s use of force was objectively unreasonable. Mr. Hernandez ultimately resigned on December 4, 2023.
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Former Okaloosa Sheriff’s Office deputy Jesse Hernandez resigned after an officer fired a gunshot after mistaking the sound of an acorn falling for a gunshot. (Okaloosa Sheriff’s Office, via FOX 35 Orlando)
The investigation also found that Roberts’ use of deadly force was objectively reasonable and that she was cleared of any wrongdoing.
The sheriff’s office also requested an independent investigation from the First Judicial Circuit State Attorney’s Office, which determined there was no probable cause for criminal charges.
Sheriff Eric Eiden said in a statement that immediately after the incident, his department began working to determine the sequence of events and the facts of what happened.
He acknowledged how traumatic the incident was for Jackson and everyone involved, adding that the department incorporates officer-involved shootings into its training.
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“We are extremely grateful that Mr. Jackson was not injured. We have no reason to believe that former Deputy Hernandez acted with malicious intent,” Aiden said. “Although his actions were ultimately not justified, we believe he felt his life was in immediate danger and his reaction was based on the totality of the circumstances surrounding this fear. believe.
“Just as police officers have a duty to protect their officers so they can return home safely to their families, law enforcement agencies have the same duty to citizens who are under investigation for a crime,” the sheriff added. .
