By Police1 Staff
RUSKIN, Fla. — Video released last week shows the moment a suspect pulled a gun on an undercover detective during a December 6 drug buy.
According to the Tampa Bay Times, the detective was going to make the transaction and let the suspect walk in order to arrest him later. Records show Efren Esparza-Lopez, 19, pulled the gun as the detective leaned in to the suspect’s vehicle to buy $2,200 worth of cocaine. Luis F. Gutierrez, 20, was in the driver’s seat.
When backup arrived, Esparza-Lopez shot at them. Officers fired 58 rounds at the vehicle as the suspects fled, according to the police report. No deputies or bystanders were hit.
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Esparza-Lopez and Gutierrez were struck by bullets and arrested. The deputies were found justified in returning fire, the Tampa Bay Times reported.
The sheriff’s office has since changed their policy for undercover operations after the shootout, adding a clause that “the location and time of day” should be “considered . . . to minimize any dangers posed to the public,” according to the report. The incident took place in the parking lot of a restaurant during dinnertime.
Col. Donna Lusczynski said third party safety was already included in the policy. Both suspects had no prior record in Florida, which is something police consider when conducting buys in public. But after this incident, the police department wanted to make it clearer “so there was absolutely no question.”
Former undercover DEA agent Michael Levine told the Tampa Bay Times that the updated policy is still too vague.
“The problem is that the internal affairs division and the bosses, if something goes wrong, will take this SOP and interpret it any way that prevents the responsibility from flowing uphill,” Levine said.
He said the policy should be updated to say that operations that have a potential for gunfire or violence “must be planned and executed in areas least likely to attract populations of innocent bystanders.”
Lusczynski responded by saying the policy “meets [the department’s] needs.”