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Rodriguez, Evelio David
Last know address:
2028 Brandon Crossing Circle
Brandon, FL 33511
Charges: Aggravated Assault on a Law Enforcement Officer (2 counts)
Battery on a Law Enforcement Officer (2 counts)
Depriving an Officer of Means of Protection
Resist Arrest With Violence
Deputy Desirae Penrose, Age 27
Assigned to Patrol Division, 5-year veteran
Deputy Christina Ammons, Age 45
Assigned to Patrol Division, 16-year veteran
On April 13, 2011, at approximately 1:37 p.m. the defendant who being arrested for trespassing after issued warning, as documented in Hillsborough County Sheriff’s Office street check, did knowingly resist the victims, Deputy Penrose and Deputy Ammons. Both victims are Hillsborough County Sheriff’s Office deputies, who were in uniform and who were in the performance of their lawful duties.
While the victims were attempting to restrain the defendant with handcuffs, the defendant did pull out of the victims' grasp with the handcuff secured loosely around his right wrist. The defendant, when free of the victims, pulled the handcuff off of his wrist and threw the handcuffs away from the victims. Deputy Ammons, who was positioned on the left side of the defendant, immediately grabbed the defendant’s left arm and attempted to regain control over him. Deputy Ammons and Deputy Penrose continued attempts to regain control over the defendant, but the defendant continued resisting their attempts by pulling from their grasp. Deputy Ammons, realizing her attempts to gain control were not working, decided to take the defendant to the ground which resulted in all three persons falling to the ground. The defendant then maneuvered himself on top of Deputy Ammons, which kept her from being able to stand up, and was pressing his right forearm into the left side of Deputy Ammons' face.
Deputy Penrose, who was in a kneeling position to the back of the defendant, then pulled out her electronic control device and advised the defendant that he would be “tazed” and prepared to deploy it, at which time the defendant grabbed it, depriving Deputy Penrose of the use of this device. The defendant was then able to pull the electronic control device from Deputy Penrose’s grasp.
Deputy Penrose, who was in fear for her safety and the safety of Deputy Ammons, removed her issued Glock .40 caliber firearm and began striking the defendant, on or about the back of the head with the butt of the firearm, which appeared to have no effect on the defendant. The defendant then pushed up from Deputy Ammons, pushing Deputy Penrose off of him, and began standing up. The defendant, while partially standing and partially kneeling on Deputy Ammons, was holding onto the electronic control device, with two hands, as if the defendant was aiming and preparing to deploy it. Deputy Penrose, still in fear of being incapacitated by the electronic control device, fired two rounds from her Sheriff’s Office issued firearm striking the defendant two times in the lower back area.
The victims positively identified the defendant as the person who committed this offense.
The suspect is still listed in critical condition at Tampa General Hospital.