Diego Guerra - SDAC Appeal

[Diego Gorak]

Posted December 19, 2020

	Senate Disciplinary Appeal Committee Disciplinary Appeal
Case Number: [Office Use Only]   Florida Legislature Officer Presiding: [Office Use Only]	NAME Diego Guerra and GOV. DEPARTMENT Florida Highway Patrol

**DISCLAIMER: IF POSSIBLE, YOU MUST FIRST APPEAL INTERNALLY WITHIN YOUR DEPARTMENT
YOU MUST BE LISTED AS ACTIVE ON THE FLORIDA STATE POLICE  ROSTER PRIOR TO DISCIPLINE (10 Hours a Week) TO PLACE A SENATE APPEAL**

Information 
Trooper's Name: Diego Guerra

Organization: Florida Highway Patrol 
Rank: Senior Trooper
Department: Highway Patrol
Badge Number (If Applicable): 231

Punishment you were given: 2 Warnings and Removal of Firearms Training
Grounds for Appeal (Why should it be overturned): Officers face day to day life endangering split second decisions. In this case as the suspect show utter lack of care for anyone else but himself I can safely say I feel the use of force might have been relatively addecuate as there was a realistic and continuous fear for my life. According to Graham vs Connor when deciding if any punishment is required after an alleged use of force violation a lot of factors must be taken into account and in this specific case not just the fact the suspect ended up not having a weapon. I always respect use of force policies and have never been issued any sort of punishment regarding this or any other SOP violations. I feel the punishment was excessive and bigger factors other than "must follow SOP's to the lettter" were disregarded. I must add the only reason I fired my weapon is because in the motion of him putting up his fists to attack me I (in a split second decision) saw what looked like a weapon drawing motion from his waist. After firing one single shot I had enough time to process he didn't have a weapon and made the decision to stop shooting.
Any evidence to support this: 

 

Have you requested reasons for your discipline (if yes, please paste them as a reply to this appeal): Class Z

Do you know the case against you (have you seen the evidence)?: No evidence/On the spot punishment

Do you request the Florida Senate Disciplinary Appeal Committee obtain all evidence help by the government in relation to your case?: Yes

Please link your original appeal which must have been denied here: 

 

[George]

Hi Diego, At this time your appeal is denied.

Whilst I appreciate the effort you went to in researching relevant case law, you received a department punishment for breaking department policy, and the incident against you had no relation to the fourth amendment or any civil proceeding against you, nor was state or federal law utilised in making the internal department punishment. Regardless of this, applying the tests established in Graham v. Connor, you did not act in an objectively reasonable way, and did not conduct yourself in the same way any other reasonably well trained law enforcement officer would.

You stated in your appeal that you only fired your weapon because the motion made you fear that he was drawing a weapon, therefore I think it's perfectly reasonable for the Highway Patrol to force you to retake your firearms training, as you clearly need the extra training following this incident.

I'd count yourself lucky that the one shot you fired was not a lethal shot, or you would have to start worrying about case law and retaking your firearms training would be the last of your concerns.

Please use this information to reflect on in your future decision making.

Cheers.