No charges to be filed against deputy in fatal shooting of Salaythis Melvin
State Attorney Monique Worrell provides update in Salaythis Melvin case
State Attorney Monique Worrell announces new details in the Salaythis Melvin case. A lawsuit filed by Melvin's family claims deputies with the Orange County Sheriff's Office violated his civil rights protecting him against unreasonable search and seizure. Melvin was fatally shot in the back as he ran from deputies who were trying to serve a warrant on one of his friends.
ORLANDO, Fla. - State Attorney Monique Worrell on Friday announced that an Orange County sheriff's deputy who fatally shot a man in the back as he ran through the parking lot of the Florida Mall will not face prosecution.
Saying her decision was a "legal" one and not a "moral" one, Worrell said there was no evidence that proved beyond a reasonable doubt that Deputy James Montiel committed a crime when he fired on 22-year-old Salaythis Melvin.
"My deepest sympathies go out to Salaythis Melvin’s family," Worrell said.
Melvin was shot on August 7, 2022, as he ran from deputies who were trying to serve a warrant on one of his friends. The shooting touched off protests in Orlando, and his family's lawyer says it's time for justice.
RELATED: Family of Salaythis Melvin suing Orange County Sheriff's Office
The Orange County Sheriff’s Office initially said deputies were looking for a man who was wanted for possession of a firearm by a convicted felon and who was also a person of interest in a shooting. Deputy Montiel reportedly pursued Melvin during this search and shot him as he fled, killing him. Investigators said Melvin was in possession of a stolen gun.
Body camera video released of the incident showed the incident from a distant angle.
Investigators said as Melvin ran, he turned back toward Deputy Montiel while holding a gun in his waistband. At that point, the deputy said he feared for his life and shot in self-defense.
"I believe that there are many, different actions Corporal Montiel could have taken that day that could have resulted in Salaythis Melvin being alive today," Worrell added. "After the murder of George Floyd, many members of our community have expressed anger and frustration at the death of yet another Black man at the hands of law enforcement right here in our community. As a Black woman who is the mother of Black sons, I understand that anger and I understand that frustration. While this case is not George Floyd, the conversation surrounding the overwhelming number of black and brown people whose encounters with law enforcement end in death, does not begin or end with this case."
A lawsuit filed in federal court claims that deputies with the Orange County Sheriff's Office violated Salaythis Melvin's civil rights – specifically, his Fourth Amendment rights against unreasonable search and seizure and this Fourteenth Amendment right to equal protection.
RELATED: FDLE completes investigation into fatal shooting Salaythis Melvin
"Ultimately, while this brings the criminal portion to a close, a young man in our community lost his life, and we continue to extend our condolences to his family and all who have been affected," said Orange County Sheriff John Mina. "Now, the Orange County Sheriff's Office internal investigation will commence to determine whether any agency policies or procedures were violated. Once that investigation is complete, it will be made public."
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