Florida Man asked AI if he could kill trespassers before shooting Volusia County deputy, sheriff says

VOLUSIA COUNTY, Fla. - Two Volusia County deputies were shot at while investigating reports of a woman's car being hit and damaged by her friend's son. 

What we know:

Two deputies with the Volusia County Sheriff's office – Jose Rivera and Jacob Gomez-Lopez – responded to a Deltona home after a woman reported that her friend's son – later identified as Luis Diaz Polanco, 31 – was acting "erratically" and hit and damaged the hood of her car around 5 a.m. The woman reported the incident when she came home from work, around 5 p.m., Sheriff Mike Chitwood said during a March 3 press conference. While officers weren't able to establish probable cause for assault/battery, they continued to investigate the criminal mischief – leading them to a home in Deltona.

What led to the shooting? 

At the home, deputies spoke with a man in the backyard and asked him where Polanco was. The man pointed to inside the home, the affidavit said. 

When deputies went to the front door, Polanco "appeared surprised," – the affidavit said – and pointed a gun at the deputies and fired multiple times before retreating inside. The deputies retreated down the driveway, yelling, "Shots fired, shots fired," Chitwood said on March 3. 

During the shooting, Deputy Rivera was hit twice – once in the chest, with the bullet hitting his body camera and ricocheting into his shoulder, and once in the thigh, Sheriff Chitwood said on March 2. A deputy applied a tourniquet to Rivera's arm and leg, released body camera footage shows. 

Chitwood compared this incident to its similarities to the shooting of Edgewater Police Officer David Jewell. 

After Polanco shot at the deputies, he went back inside the home and later came out – trying to get into his car – and was taken into custody. 

"He decided he just wanted to give up," Chitwood said of Polanco. Chitwood said Polanco was alone during the incident. 

Two other people taken into custody were living in the shed behind the property paying Polanco rent, Chitwood said. 

Premeditated: Asked AI about murdering someone

Investigators determined that on Feb. 14, Polanco asked an AI Spanish platform if he "can kill someone if they visit my property," Chitwood said. 

"AI then gave him a definition of Stand Your Ground and Florida law," Chitwood said. 

During his arrest, deputies asked Polanco if he knew the difference between right and wrong, and he acknowledged that shooting law enforcement was wrong, the affidavit said. 

Sheriff: Intent to kill

"When the deputies came up to the house, he had every intention to shoot them," Chitwood said. 

In an arrest affidavit, deputies said Polanco admitted to intentionally firing at the deputies, thinking ballistics vests would protect them. But, he later said that if he hadn’t run out of ammunition, he would have continued shooting and would have been "forced to kill" the deputy, the arrest affidavit said. \

Deputy Gomez-Lopez – who was not harmed – took cover behind a neighbor's home and reported that shots were fired and requested assistance, the affidavit said. When additional deputies arrived, Gomez-Lopez described the suspect, saying he fired a tan-colored gun at the deputies. 

Responding deputies found Rivera two houses away. He was transported to the hospital for treatment of multiple gunshot wounds. As of March 3, Rivera is in stable condition. 

Over 20 bullet casings found

Investigators found a tan/green colored gun in the home, along with 12 bullet casings leading from the front door to the yard. Six additional casings were found in front of the neighbor’s home, the arrest affidavit said. 

Polanco fired 12 shots and Rivera, while retreating, fired six, Chitwood said. 

"He fired at him (Rivera) and followed him down that driveway," Chitwood said of Polanco. 

What's next:

Polanco is being held at the Volusia County Branch Jail. The sheriff's office plans to provide an update on Tuesday afternoon. 

Crime and Public SafetyVolusia County News