Florida Jolt readers know about the Polk County Sheriff’s Deputy who was shot in the chest at close range and was saved by his vest back on October 12th. Well, have we got an update for you. A newly released video shows what happened outside the residence prior to the shooting.
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Let’s recap what started this to begin with. Gabriel Batista, 41 of Davenport was essentially stalking his estranged wife continually calling, texting, etc. Batista called the residence wanting to talk to his estranged wife. Deputies would later learn that Batista told one of the residents that if they called Law Enforcement, it would not end well. Prior to the deputies arriving and the shooting, Batista showed up at the residence and was banging on doors and windows. He also called the resident again and stated that the cops would have to kill him in front of the house.
Despite the threats, the residents called 911 and Polk County deputies Nicole Lyons, with 15 years on the job, and Tony Nunez, with 14 years on the job responded.
While the deputies were inside, Batista showed, up passing two marked patrol units in the process. He exited his vehicle and stood there with both hands behind his back. The deputies came outside and gave Batista commands to show them his hands, which he refused to do. Deputy Lyons pulled out her Taser for the less lethal option, and deputy Nunez pulled his service weapon to provide lethal cover.
Florida Deputy Shot in Chest – Saved by Bulletproof Vesthttps://t.co/OoJQduOMPa
— PBC Jolt (@PBCJolt) October 16, 2022
Despite continuous commands to show his hands, Batista refused and started walking backwards around his vehicle. As Batista comes around the back of the vehicle you can clearly see a pistol in his right hand. Batista brought the gun up and started firing six rounds altogether with one round striking Nunez in the middle of his chest, Lyons fired her Taser, and Nunez only fired once, as his pistol jammed. Batista immediately went to the ground and threw down his pistol and was placed into custody.
Sheriff Grady Judd had this to say about the shooting.
“I am very Happy to report that Deputy Nunez was released from the hospital this morning. He is sore, but recuperating. Domestic Violence calls are among the most dangerous our deputies respond to. Gabriel asked for us to kill him and we would have fulfilled his request if Deputy Nunez’s gun didn’t jam. We will be holding Gabriel accountable for his depraved violence against our deputies.”
The issue with his pistol has not been explained as yet. It could possibly be due to a condition called a “stovepipe” which occurs when the shooter does not have a firm grip on the gun, and a spent casing sticks out of the ejection port causing a jam. This is quite possible as the impact of taking a round center of mass will quite naturally cause you alter your grip on the firearm. This is not confirmed and only a theory of mine based on experience as a firearms instructor.
Fortunately, Nunez was saved by his vest, and now this footage showing Batista’s cowardly actions trying to get a LEO to perform a suicide by cop on him will help put Batista away for a long time.
Batista was a charged with attempted 1st degree murder of a law enforcement officer, written threat to kill, resisting an officer with violence, and discharging a firearm on residential property.
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