GUILTY FL - Dylan Tompkins-Holmes, 26, shot by deputy, Pinellas County, 30 Dec 2015

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http://www.baynews9.com/content/new...icles/bn9/2016/1/29/pinellas_county_depu.html
Pinellas County deputy involved in December shooting arrested
Friday, January 29, 2016
A Pinellas County deputy involved in a shooting in December 2015 was arrested Friday and charged with attempted manslaughter.
The shooting happened during a DUI traffic stop just after 3 a.m. in John's Pass, near Madeira Beach on Dec. 30, 2015.
At a press conference Friday afternoon, Pinellas County Sheriff Bob Gualtieri said Deputy Timothy Virden was not justified in shooting 26-year-old Dylan Tompkins-Holmes.


http://www.tampabay.com/news/public...sted-on-attempted-manslaughter-charge/2263329
Pinellas deputy arrested on attempted manslaughter charge
Friday, January 29, 2016
Dylan Tompkins-Holmes was drunk, interrupting an investigation and cursing at deputies.
But he did not deserve to get shot twice by a deputy, Pinellas Sheriff Bob Gualtieri said Friday.
After a monthlong investigation that involved sheriff's detectives and the Pinellas-Pasco State Attorney's Office, Deputy Timothy Virden was arrested on a charge of attempted manslaughter.
Virden, who was also fired from the Sheriff's Office, turned himself in at the Pinellas County Jail on Friday morning.
Virden was released from the jail on $2,000 bail.
"Instead of explaining what actually happened," the sheriff said, "Deputy Virden made up facts that simply could not have occurred."
"Some might say it's a dark day in some respects, but it's a bright day in others," Gualtieri said. "It's always a bright day when the truth
prevails and the system works."
Tompkins-Holmes has cooperated with detectives. He was struck once in the abdomen and the other gunshot grazed the left side of his torso and left arm. He underwent surgery and is expected to recover.



Timothy-Virden-129.jpg

Deputy Timothy Virden (Booking photo/PCSO)
 
http://www.pcsoweb.com/16-023-pinel...-investigation-of-shooting-in-madeira-beach--

PINELLAS COUNTY SHERIFF'S OFFICE - NEWS RELEASES – 01/29/2016


16-023 Pinellas Deputy Arrested Following Investigation Of Shooting In Madeira Beach

Deputy Arrested Following Shooting

Who:

Pinellas County Sheriff’s Office
-Patrol Operations Bureau
Investigative Operations Bureau
-Robbery/Homicide Unit

Dylan M. Tompkins-Holmes (Injured)
DOB: [REDACTED] 1989
Address: [REDACTED] Gulfport

Deputy Timothy Virden
Date of hire: 01/22/07

What:

A Pinellas County Deputy has been arrested following an investigation into the December 30, 2015 shooting of a subject during a traffic stop in Madeira Beach.

Where:

The incident occurred near the intersection of 129[SUP]th[/SUP] Avenue East and Village Boulevard in Madeira Beach.

When:

Deputies initiated the traffic stop at about 3:04 a.m. on Wednesday, December 30, 2015. The shooting occurred shortly afterward.
Deputy Virden was arrested and charged on the morning of Friday, January 29, 2016.

How/Why:

Today, during a press conference, Sheriff Bob Gualtieri announced the arrest of Deputy Timothy Virden on the charge of Attempted Manslaughter.
On December 30, 2015 at approximately 3:20 a.m. Deputy Virden shot Dylan Tompkins-Holmes, after arresting him on a misdemeanor charge of obstruction. The arrest occurred as a result of a traffic stop in John’s Pass Village near the intersection of Village Boulevard and 129[SUP]th[/SUP] Avenue East in Madeira Beach.
The Sheriff’s Robbery & Homicide Unit conducted an investigation into the shooting and it was determined that Deputy Virden was not justified in shooting Tompkins-Holmes.
Deputy Virden violated state law and committed the crime of Attempted Manslaughter when he shot Dylan.
The Sheriff’s Office ‘Use of Deadly Force Review Board’ conducted its own independent review of the shooting and also determined that the shooting was not justified under law or agency policy.
The case was subsequently reviewed and investigated by the State Attorney’s Office and presented to a Pinellas-Pasco Circuit Judge who found probable cause to charge Deputy Virden with one count of Attempted Manslaughter.
In this case, Deputy Virden’s version of events that led to him intentionally firing his gun and using deadly force are not supported by the objective facts and his decision to use deadly force is outside the parameters permitted by applicable law and policy.
Deputy Virden was arrested and charged on the morning of Friday, January 29, 2016. He has since been released on bond.
As a result, Sheriff Bob Gualtieri terminated Deputy Virden’s employment with the Pinellas County Sheriff’s Office.
“I have an obligation to our deputies but I have a larger obligation to the citizens we serve, the Office of Sheriff and its integrity, the law enforcement profession as a whole and, of utmost importance, upholding the public’s trust placed in us in performing our duties,” Sheriff Gualtieri said during the press conference.

Today’s press conference can be viewed on the Sheriff’s Office YouTube page here:

https://www.youtube.com/watch?v=mf2VRfnxKbE&feature=youtu.be
 
Fired deputy gets probation, not prison, in John's Pass shooting
Published May 17, 2018
A fired Pinellas sheriff's deputy charged with shooting a handcuffed man during a 2015 traffic stop in Madeira Beach will spend no time in prison.

Timothy Virden, 62, pleaded guilty Tuesday to attempted manslaughter. He faced up to five years in prison.

Instead, he was sentenced to three years of probation.

The Pinellas-Pasco State Attorney's Office struck a plea deal with Virden that called for no prison time because there may have been just enough evidence to convince a jury to acquit the ex-deputy, said Executive Assistant State Attorney Kendall Davidson.

"We still felt that Deputy Virden's actions weren't justified," Davidson said.
[...]
The plea deal comes a month after the conclusion of a civil suit filed by Tompkins-Holmes, now 28, in federal court that claimed Virden and the Sheriff's Office violated his civil rights.

In March, a judge dismissed the civil rights claim against the Sheriff's Office, but the agency was still on the hook for other claims, including negligence and battery. The Sheriff's Office settled with Tompkins-Holmes for $200,000, but did not admit fault.

"It was a decision made to resolve it in lieu of going to trial, although I'm confident we would have prevailed in trial," said Pinellas Sheriff Bob Gualtieri. "It was a business decision in a number of respects."
[...]
 

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