PERRY, Fla. (WTXL) — The Office of the State Attorney's Office Third Judicial Circuit of Florida has ruled a deadly officer-involved shooting justified, with criminal prosecution not being pursued.
According to records obtained by ABC 27 from the Taylor County Sheriff's Office, the incident stems from a traffic stop.
An officer ordered a driver out of the motor vehicle during a traffic stop. The document names the officer as Sgt. Peacock.
Sgt. Peacock ordered the suspect, David Thomas Digney, out of a vehicle after driving nearly 30 miles over the posted speed limit. The document states the traffic stop took place at night, in the parking area of a closed business, and the vehicle contained no rear windows,
During the traffic stop, the driver, David Digney was ordered to exit the van. According to documents, Digney refused the order approximately twenty times.
Watch bodycam video from the traffic stop in the player below. Viewer discretion is advised.
Sgt. Peacock called for backup. A time later, Officer Whiddon arrived on the scene and lawfully ordered Digney to exit the vehicle. The document states Digney again refused. As he could not see in the car due to the lack of light and due to the lack of compliance from Digney, the document states Officer Whiddon then shattered the glass of the passenger door to unlock the door to extract Digney from the car.
The document states once the glass was shattered, Digney's "already erratic behavior became incredibly violent." Digney then retrieved a folding blade knife and began swinging it around the vehicle. It says Digney ignored commands to drop the weapon, as Digney was screaming how he will "murder you idiots", before charging toward Sgt. Peacock wielding the knife.
Five shots were discharged in succession by Sgt Peacock and Officer Whiddon within a 4- to 5-second timeframe. The knife remained in Digney's right hand after being shot. Digney was pronounced dead at the scene from sustained gunshot wounds.
The document states that deadly force is justified when any person reasonably believes such conduct is necessary to prevent imminent death or great bodily harm to himself or another or to prevent the imminent commission of a forcible felony, in the State of Florida.
Read the full documents from the U.S. Attorney's Office and Taylor County Sheriff's Office
While making a lawful arrest in Florida, law enforcement officers are also allowed to use any force necessary to defend themselves or others from bodily harm.
Digney's decision to not exit the car after being asked approximately 20 times and resisting an officer, violated Florida Statute 843.02.
The document notes this matter as a "tragedy", adding "it did not have to end the way it did."
The document adds that Digney did have a criminal history with the justice system including involuntary examination and an active stalking injunction.
The document concludes by adding "the decision here is based exclusively upon the facts and the law. When a man has been given twenty lawful orders, refuses, and then charges towards an officer while armed with a knife and screaming that he will murder him, deadly force is justified."
Sheriff Wayne Padgett of the Taylor County Sheriff's Office also sent a statement addressing the conclusion of the investigation by the Florida Department of Law Enforcement, State Attorney, expressing support for his deputies. Padgett writes "our agency remains committed to upholding the highest standard of law enforcement."
