TAMPA, Fla. — The State Attorney's office said there is "no legal basis" to file charges against two Tampa Police Department officers in the shooting death of a 26-year-old man in October.
The morning of Oct. 20, investigators said surveillance video showed employees of a Dollar General on N. 50th Street trying to take back stolen merchandise from a man. That man was later identified as Dominique Mulkey.
Authorities said the employees let him walk out with the items after Mulkey showed a gun. At one point, someone at the store called 911 while the staff huddled into a back office.
When officers arrived, they said they spotted Mulkey about five blocks north of the store and drew their weapons on him. Body camera video showed police ordering him to get on the ground.
"Tampa Police -- get on the ground!" was heard on the footage. The State Attorney's office said officers shouted for about 11 seconds.
But Mulkey didn't, Police Chief Brian Dugan said at the time. Investigators said Mulkey was holding a gun in his hand and that he turned his body toward the officers, who fired their guns at him.
Emergency crews attempted life-saving measures and transported Mulkey to the hospital, where he died.
In a review from State Attorney Andrew Warren's Office, the office said, in part, "the officers shot Mulkey after he pointed a gun at them as they approached him in connection with an armed robbery of a Dollar General store."
The investigation found the two officers fired a total of 42 rounds -- 33 by one officer -- during the span of about 15 seconds. According to investigators, Mulkey's weapon, an Armscor .38 six-shot revolver, was fully loaded with six bullets and later was identified stolen out of Cape Coral, Florida, in 2013.
The Hillsborough County Medical Examiner's Office determined two bullets likely entered Mulkey's body, from his head and torso, the State Attorney's office said. Gunshot wounds to those areas were found to be the cause of death.
Two of the Tampa officers involved did not have any previous incidents involving the use of deadly force; their identities are being withheld due to Marsy's Law, which the State Attorney's office states, "...they are the victims of an aggravated assault by Mulkey."
Marsy's Law is a voter-approved amendment to Florida's Constitution meant to help protect the rights of people affected by crime but can deprive the public of information that had been available under the state's public record laws.
Warren's office learned of statements made by Mulkey's family members that the 26-year-old had a difficult childhood and suffered from mental health issues. It's these statements that highlight the "significant challenges we face in our community related to social services and mental health support, both which are critically underfunded and overextended," the office said.
Still, this information was not known to the officers at the time, and they both "rightfully perceived an imminent deadly threat and responded."
"Every life is precious, which is why we must uphold the highest standard when deadly force is used. This situation is tragic, but the law is clear—when an officer or anyone else has a gun pointed at them, they are allowed to defend themselves; here, they had no other choice," Warren said.
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