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‘I would have killed them all': Fla. sheriff says suspect who wounded deputy ran out of ammo

Deputy Jose Rivera was struck near his body-worn camera, which may have altered the trajectory of one bullet, Volusia Sheriff Mike Chitwood said

DELTONA, Fla. — A suspect who opened fire on Volusia County deputies investigating a vandalism complaint later told investigators he intended to kill them and would have done so if he had not run out of ammunition, Sheriff Mike Chitwood said.

Deputies had responded to a home on Candler Drive on March 2 after a woman reported that a man jumped on her vehicle and damaged it earlier that morning. Instead of a property crime investigation, deputies were met with gunfire.

Deputy Jose Rivera was shot once in the arm and once in the leg. Authorities say the suspect fired 12 rounds.

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Gunfire erupts at front door

According to the sheriff, the incident began around 5 a.m. when a woman arrived at the residence to pick up the suspect’s mother for work. An altercation followed, and investigators say the suspect jumped onto the hood of her vehicle and vandalized it.

The woman reported the incident later that afternoon, prompting deputies to respond.

Body camera footage released by the sheriff’s office shows deputies approaching the home and making contact. Within moments, shots ring out.

Sheriff Chitwood said shell casings recovered from the front door down the driveway indicate the suspect fired at deputies and followed their movement as they repositioned.

“We have an officer shot. One in the leg, one in the arm,” a deputy can be heard saying in the footage.

Deputies apply tourniquet, drive wounded deputy to hospital

The body camera video shows deputies immediately shifting to casualty care.

“We have a tourniquet on,” one deputy says as others move Rivera toward a patrol vehicle.

Rather than waiting for air transport, deputies drove Rivera to a hospital less than half a mile away.

“There’s a hospital less than a half mile away. Get him in that car and get him to the hospital. And they did that,” the sheriff said.

Deputies secured the scene and took the suspect into custody.

Suspect researched killing someone on his property

During the investigation, authorities learned that on Feb. 14, the suspect used an AI platform in Spanish to ask, “Can I kill someone if they visit my property?”

According to Chitwood, the platform provided information about Florida’s stand-your-ground law and advised against such action.

After being read his rights, the suspect gave a statement, the sheriff said.

“When the deputies came up to the house, he had every intention to shoot them. Shoot them in their vest. And if I didn’t run out of ammunition, I would have killed them all,” the sheriff said, recounting the suspect’s statement.

The suspect also allegedly said he does not like taking his medication.

The suspect is currently being held without bond, WESH reports.

Body camera placement appears to have altered bullet path

The sheriff said Rivera was struck in the upper body area where his body-worn camera was mounted. He said the camera’s placement appears to have affected the path of one round, directing it through Rivera’s shoulder instead of directly into his chest.

He emphasized that ballistic vests are bullet-resistant — not bulletproof — and that rounds can deflect unpredictably.

Investigators are working with Axon to determine whether Rivera’s body camera footage can be recovered.

‘Absolutely outstanding’ response

The sheriff said when he visited him, Rivera told him that he was eager to return home to his family.

“What those deputies did was absolutely outstanding,” the sheriff said. “It was bravery. There was restraint involved. They did everything you could ever ask a law enforcement professional to do.”

Rivera is scheduled to be released from the hospital on March 4.

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Sarah Roebuck is the news editor for Police1, Corrections1, FireRescue1 and EMS1, leading daily news coverage. With nearly a decade of digital journalism experience, she has been recognized for her expertise in digital media, including being sourced in Broadcast News in the Digital Age.

A graduate of Central Michigan University with a broadcast and cinematic arts degree, Roebuck joined Lexipol in April 2023. Have a news tip? Email her at news@lexipol.com or connect on LinkedIn.