Clearwater police were justified in shooting a man who fired at them during a domestic violence call last month, the office of the state attorney says.
Police were called on Dec. 26 to an address on Gulf to Bay Boulevard near San Remo Avenue North.
According to a report released Wednesday, the victim said her live-in boyfriend, Wayne Falana, had hit her in the head, kicked her and knocked her to the ground. She sent a Facebook message to friends saying he had a gun.
She said Falana told her, "Call the police, I ain't scared. I'm going to go, you're going to go. I'm ready to be with my wife and kids. I'm ready to die. They gonna die, everybody's going to die."
Police went to the back of the building, which is in a strip mall. They said they called inside, and the victim came out. While they were talking to her, gunshots came from inside. Five shots hit a car parked nearby. One of the officers' pants showed eight bullet holes, and a round was lodged in one officer's Kevlar boot.
White smoke billowed from inside, preventing officers from returning fire. Investigators determined Falana used a fire extinguisher to block the officers' view, the report said.
The victim ran away during the gunfire.
Falana then ran out the front of the building with a firearm, and officers opened fire. He fell to the ground but was still moving. He refused to comply with commands to stop, and an officer fired two more rounds. Falana rolled over and stopped moving.
An autopsy showed Falana died of gunshot wounds. A toxicology report is pending.
Investigators said Falana fired 13 rounds at officers. The gun he was carrying was jammed, preventing him from firing 20 more shots, the report said.
The report concludes the shooting by the four officers on the scene was a justifiable homicide.
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