Nov. 08--The state trooper thought the man in the shed might have stolen a motorcycle. The man in the shed thought he was about to be robbed.
The Sept. 10 incident ended with Florida Highway Patrol trooper Daniel Cole shooting his state-issued rifle at least 18 times at cemetery owner Clifford Work, hitting him once in the upper thigh.
This week, the Florida Department of Law Enforcement released its investigation into Cole's action. The FDLE concluded Cole did nothing wrong, and the state attorney's office does not plan to pursue charges. The FHP is still conducting its own investigation.
According to the FDLE, the shooting happened when Cole picked up an electronic signal of a motorcycle that had been reported stolen. The signal led him to Royal Palm North Cemetery in Pinellas Park.
Cole heard music blaring from a maintenance shed. He told investigators he grabbed his patrol assault rifle and called for backup.
Inside the shed, Clifford Work, the cemetery's 48-year-old owner, was sleeping. He had a handgun and phone next to his cot. He told investigators he woke up when he heard someone banging on the building's roll-up door.
Work, of New Tampa, opened the door, holding the gun in his right hand, according to the report. He said he was blinded by the patrol car's headlights.
Someone yelled for him to drop the gun. He yelled, "I'm the owner," according to Work's testimony to investigators.
Cole shot at least 18 rounds from his assault rifle, striking Work one time in the leg, according to the report. Work didn't fire. After the shooting, Work was treated at the hospital and released.
Cole, who said he had knocked on the door and yelled "state trooper" multiple times, told investigators he was in fear for his life when he saw the door open and Work pointing a gun.
"The gun is right dead aimed at my head it seemed like," Cole told FDLE investigators. "I could see full muzzle, full barrel, shadow of the bore you know and I fired. I basically fired till I could no longer see him."
FDLE investigators determined Cole's actions were "within the allowable parameters."
The stolen motorcycle was found in nearby woods. While the motorcycle theft remains under investigation, it appears Work was not involved, the Pinellas Park Police Department said.
In September 2011, Cole was investigated after he used a stun gun on a 20-year-old woman who then hit her head on the pavement and ended up in a coma. Cole was eventually cleared. In 2000, he was named Pinellas County Trooper of the Year.
Copyright 2012 - Tampa Tribune, Fla.
