Fla. Deputy Who Fatally Shot Man Outside Bar Cleared

Feb. 20, 2013
Prosecutors determined Palm Beach County Sheriff's Deputy Michael Suszczynski used reasonable force.

Concluding that sheriff's deputy Michael Suszczynski had a reasonable fear for a fellow officer's safety, the state attorney's office has decided not to file charges against him in the shooting death of a man outside a suburban Boynton Beach bar last June.

Prosecutors determined that Suszczynski, a Palm Beach County Sheriff's deputy, used reasonable force when he shot and killed 26-year-old Victor Arango the night of June 7 in the parking lot of the 1st and Ten Sports Bar and Grill.

The investigation will be closed without further action, according to a Feb. 1 memo written to Sheriff Ric Bradshaw and signed by State Attorney Dave Aronberg.

"(Deputy sheriff) Suszczynski reasonably feared for (deputy sheriff) [Thomas] Hannigan's life and the safety of others at the scene," the memo said. "The shooting was a reasonable use of force given the totality of the circumstances and the information known to D/S Suszczynski at the time."

Suszczynski told investigators that he and other deputies were responding to a fight in the parking lot of the sports bar near Le Chalet Boulevard. Upon arriving, Suszczynski found Hannigan on the ground and engaged in a scuffle with Arango, according to the memo.

"Arango had his hands wrapped around Hannigan's waist. Right away that caused me major concern because Deputy Hannigan's gun is right there," Suszczynski said in a statement to investigators.

Suszczynski initially used his baton as he tried to stop the struggle. The memo cites the medical examiner's report and DNA evidence as indicators that the baton strike did not connect with Arango's body, but more likely a a firearm concealed behind Arango's back in his pants' waistband.

Suszczynski stated that he believed Arango was reaching for his gun and that Hannigan would be killed in front of him. He drew his department-issued Glock and fired two shots that struck Arango on the left side of his back, the memo said.

"He's going for that gun," Suszczynski told investigators. "The shirt's pulled up, the gun's there and I have a decision to make real quick. I draw my weapon. I step into them. I make a hard decision. I have to shoot this guy."

Eyewitness Kevin Mullan told investigators that he saw Suszczynski remove the gun from Arango's waistband and then "he shot him directly with the gun against his side ... I mean he was pretty much trying to kill him."

However, the medical examiner's report did not corroborate the statement, the memo said.

Kenneth Metnick, the Arango's families' attorney, could not be reached for comment.

Metnick and attorney Marc Millian said last month they alerted Bradshaw that they intend to sue the agency in connection with Arango's death. That announcement came during a news conference in which Arango's girlfriend, Karen Perez, and the couples' 4-year-old girl, Anylah Arango, attended.

Petez claimed that Arango had broken his right arm while riding a bicycle days before the shooting and his attorneys claim that fact belies Bradshaw's claims that Suszczynski was forced to shoot.

Copyright 2013 - The Palm Beach Post, Fla.

McClatchy-Tribune News Service

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