INDIAN RIVER COUNTY SHERIFF’S OFFICE
ADMINISTRATIVE INVESTIGATIVE REPORT
Sheriff Eric Flowers
_____________________________________________________________________________________________
PREPARED BY: Lieutenant Linda Nolan
CASE NO: 2022AI-004
SUBJECT(S): IRCSO Case Number 2022-64971
DATE: January 3. 2023
SUMMARY OF EVENT
On June 11, 2022 at approximately 2102 hours, Indian River County Sheriff’s Office Deputy Daniel
Deighan initiated a traffic stop at the 3300 block 45th Street on a grey Nissan Altima with four occupants.
Upon approach of the vehicle, Deputy Deighan identified a firearm visible in the rear passenger
compartment and began giving verbal commands to the occupants. Deputy Kevin Peach arrived on scene
and was followed shortly after by Deputy Shane Joerger and Sergeant Christopher Lester. All three of
the additional responding deputies were notified that there was a firearm in the rear passenger
compartment. As Deputy Joerger began to remove the rear passenger Jamall Frederick from the vehicle,
Frederick pulled free from Deputy Joerger’s hold, grabbed the firearm, and ran south from the traffic
stop into an open field. Shots were fired by the four deputies and Frederick fell. He was given commands
but stood up and additional shots were fired by Deputy Joerger, Deputy Peach, and Sergeant Lester.
Frederick continued running southbound where Deputies lost sight of him and took cover. Frederick was
later located in the carport of a nearby residence and treated for gunshot wounds. Frederick’s firearm
was located in the field where he ran from the traffic stop.
DOCUMENTS AND INFORMATION REVIEWED
• IRCSO Case Report 2022-64971 (all documents included)
• IRCSO Case Report 2022-64554 (all documents included)
• 911 call audio for CFS 2022-64554
• Detective Luis Avila Investigative Report 2022-64971
• In-Car video and AXON video for incident ID# 2022-64971
• Blue Team report
• IRCSO General Orders
INVESTIGATIVE SUMMARY
Pursuant to General Order 5151.00, an Administrative Review was conducted subsequent to the firearm
discharge of Deputy Daniel Dieghan, Deputy Kevin Peach, Deputy Shane Joerger, and Sergeant
Christopher Lester, resulting in serious injury to Jamall Frederick.
A ‘shots fired’ call for service (IRCSO case #2022-64554) on June 10th, and a bulletin from Vero Beach
Police Department on June 8th (re: VBPD auto burglary case #2022001057), alerted the Agency to a
Nissan Altima parked at the residence of 3816 44th Street. On June 11th, Deputy Kevin Peach was able to
obtain the vehicle tag number and confirm it was expired. At 9:02pm on June 11th, Deputy Daniel
Deighan saw the Nissan, confirmed the tag number, and conducted a traffic stop. Deputy Deighan
approached the Nissan on the passenger side and identified a firearm in the seat pocket directly in front of
the right rear passenger (hereinafter identified as “Jamall Frederick” or “Frederick”).
Deputy Deighan’s BWC (Body Worn Camera) was activated but located on the front seat of his patrol
vehicle, not on his vest during the traffic stop. His BWC does not capture video but some audio is heard
including Deputy Deighan saying; “Put your hands on the seat!” and “Do not touch that gun.”
Deputy Peach’s BWC is activated upon arrival on scene and as he approaches the Nissan, Deputy
Deighan can be heard shouting, “Put your hands on the seat!” Deputy Peach moves to the driver’s side of
the vehicle and is informed by Deputy Deighan that there is a gun in the car. Deputy Peach is then heard
telling Deputy Deighan that he sees the firearm. Deputy Peach’s video also picks up the verbal
notification to Deputy Joerger from Deputy Dieghan that there is a firearm in the vehicle near the right
rear passenger.
Deputy Joerger’s BWC video is activated prior to stopping his patrol vehicle behind the Nissan. After
acknowledgement to Deputy Deighan that there is a gun in the vehicle, the decision is made by Deputy
Joerger that Jamall Frederick is the first occupant to be removed from the vehicle. Deputy Joerger
holsters his firearm and addresses Frederick with instructions on what he wants him to do to exit the
vehicle. After the door is opened, Deputy Joerger takes control of Frederick’s right arm. Frederick can be
seen on BWC leaning forward as he begins to exit the vehicle. Frederick then pulls free of Deputy
Joerger’s grasp and runs toward the empty field.
Sergeant Lester’s BWC is activated prior to his arrival at the traffic stop and captures Deputy Joerger
saying that the rear passenger has a gun and would be the first to be removed from the vehicle. Sergeant
Lester’s BWC shows Deputy Joerger holster his firearm and begin to remove Frederick from the vehicle.
At time stamp 2:20 (minute:second), Deputy Peach is heard on his BWC yelling, “Don’t reach for it!”
then he moves left and fires multiple shots.
At time stamp 1:28 (minute:second) into Sergeant Lester’s BWC video, Frederick is seen pulling away
from Deputy Joerger’s hold of his right wrist and bolting from the vehicle. In three frames of video, what
appears to be a firearm is in Frederick’s left hand. As Frederick begins to run southbound, Sergeant
Lester’s video shows the back of Frederick’s hoodie indicating he is facing south. As the video
continues, the right side of Frederick’s face is seen indicating a possible change in his direction or turning
back toward the vehicle. The first gunshot is then heard, fired by Deputy Peach. It is followed by
additional shots by Deputies Peach, Deighan, and Joerger. Deputy Peach’s in-car video shows that
Sergeant Lester falls as he seeks cover and does not fire as Jamall Frederick runs into the field south of
the traffic stop.
After the initial shots, there is an approximate 10 second pause while Deputy Joerger and Sergeant Lester
follow Frederick’s direction of travel into the field. Deputy Joerger’s BWC shows his flashlight
illuminate Frederick. Deputy Joerger yells to Frederick who can be seen moving as Deputy Peach (per
his BWC) yells, “He’s reaching!” Gunfire can be heard from Deputy Peach and both Deputy Joerger and
Sergeant Lester fire. Deputy Joerger begins to yell “hold” and no more shots are heard. A perimeter is
set up and a K-9 deputy begins a track. Jamall Frederick is later located laying in the carport of 4436 31st
Avenue. Deputy Joerger asks Frederick the location of the gun which he replies, “I don’t know sir, I
threw it.” EMS is requested and first aid is rendered. Jamall Frederick is then transported to the hospital
for medical treatment. At the hospital, he declined to provide a statement.
Each officer was interviewed by Detective Avila during his investigation. The following are summaries of
their interviews, not transcripts. The recorded interviews should be reviewed in their entirety for detailed
information.
Deputy Deighan, in his recorded interview, stated he saw the firearm and saw Frederick grab it before he
ran. He stated he heard “a round crack off” and believed he was getting shot at. He stated he was in fear
for his life, his partners, and the community. Deputy Deighan did not fire during the second encounter
with Jamall Frederick.
Deputy Peach, in his recorded interview, said that he saw the firearm in the vehicle. As he provides his
account of the incident, he said when Deputies Deighan and Joerger begin removing Frederick from the
vehicle, he saw “a hand grab the gun and leave.” He eventually defined it as Frederick’s left hand. “The
minute he grabbed that gun, I was in fear for my life, Joerger’ s, Deighan’s life, and the communities.”
Deputy Peach said he fired until he saw Jamall Frederick fall then went back to the vehicle. He continued
to watch the area where Frederick fell and believed that Deputy Joerger was approaching Frederick alone.
Deputy Peach said he believed “100%,” that Jamall Frederick had a firearm and was still a threat. Deputy
Peach said he saw Frederick get up and fired again.
In Sergeant Lester’s recorded interview, he confirmed that he did not fire until the second encounter with
Jamall Frederick. Sergeant Lester said he saw Deputy Joerger pursuing Frederick into the field and
followed. He said he heard commands from Deputy Joerger and heard Deputy Joerger fire his firearm.
Sergeant Lester moved to another area and saw Jamall Frederick stand up and saw “a gun in his hand.”
Sergeant Lester said Frederick started to raise the gun toward him and he was in fear for his life. Sergeant
Lester then fired at Frederick who subsequently disappeared into the wood line.
Deputy Joerger, in his recorded interview, said he saw the firearm and saw Frederick grab it before he
ran. Deputy Joerger was in closest proximity to Frederick when he grabbed the firearm. In Deputy
Joerger’s recorded statement he said (about Frederick grabbing the gun), “I’m thinking he’s about to
shoot me.” Deputy Joerger’s own firearm was still holstered at the time he heard the first shot being
fired. Deputy Joerger stated, “I thought he shot at me.” “I thought he shot at us.” Deputy Joerger was in
in physical contact with an armed subject and no weapon in his own hands. Deputy Joerger perceived a
real and credible threat to his own life and the lives of his fellow deputies when he fired at Jamall
Frederick. During the second engagement of Frederick, Deputy Joerger said that he believed Frederick
was turning toward him and raised his arm. As Frederick got up to run again, toward a residential area,
he was concerned for the residents in the area. Deputy Joerger’s fear for himself or another person being
shot by Jamall Frederick was the continuance of a rapidly evolving incident that led to the second
encounter and him firing a second time.
Citizen Sebastian Barrientos was participating in a ride-a-long in Deputy Joerger’s vehicle when they
pulled up to the traffic to stop. Barrientos was told to stay in the vehicle, which he did. He stated, “The
deputies looked like they were already being, uh, threatened by the weapon inside the vehicle.”
Barrientos said he heard the deputies talk about a gun but did not see one. He said there was a lot of
shouting and then he saw the suspect get out and “take off” before the deputies “opened fire.”
The other occupants of the vehicle were identified as Sharavea Jones (driver), Z’bryius Jones (front seat
passenger), and Kamarian Walker (left rear passenger). Immediately after the incident, they were taken to
the Indian River County Sheriff’s Office for interviews (review the recorded interviews for detailed
information). Although each occupant said they did not see the shooting, Kamarian Walker did confirm
that he saw a gun in the seat pocket in front of Jamall Frederick. No other citizens were identified or
made themselves known to law enforcement for additional eyewitness statements and no other deputies
were on scene during the incident.
INVESTIGATIVE CONCLUSION
On June 11, 2022, a lawful traffic stop was conducted by Deputy Deighan on the Nissan Altima (FL
tag#DYZM98) for two identified violations; window tint and expired registration. The vehicle was
stopped using a marked patrol car with emergency lighting and all of the deputies involved were dressed
in Sheriff’s Office uniforms with insignia. A firearm was observed in the vehicle first by Deputy Deighan
then by Deputy Peach. Both deputies remain at the vehicle and give clear commands and specific
instructions to the vehicle occupants. When Deputy Joerger and Sergeant Lester arrived on scene, all four
deputies were aware of the presence of a firearm in the rear passenger compartment within reach of
Frederick. In their recorded interview, Deputies Deighan, Peach, and Joerger admitted to seeing the
firearm inside the vehicle where Deputy Deighan indicated. The deputies gave clear verbal commands in
an attempt to safely remove the four occupants of the vehicle starting with Jamall Frederick. As
Frederick is removed by Deputy Joerger, Deputy Peach can be heard yelling the command, “Don’t reach
for it.” Despite the command, Jamall Frederick armed himself as he exited the vehicle.
The presence of the firearm in the vehicle within reach of Jamall Frederick and his possession upon
exiting the vehicle is established with the following;
• The firearm was seen and described by three of the deputies involved.
• The firearm was seen and described by the rear passenger who was seated next to Jamall
Frederick.
• When Frederick was later found, he made a statement that he threw the firearm indicating he had
previous possession.
• The firearm was located in the area where Frederick was engaged by deputies the second time.
• Deputies Deighan, Peach, and Joerger all state, in their recorded statement, that they witnessed
Jamall Frederick grab the firearm before running from the vehicle.
The presence of a firearm made this a high-risk traffic stop which deputies attempted to resolve safely by
removing the occupants one at a time. The decision made by Frederick to ignore given commands, arm
himself, and physically resist lawful detention, changed the high-risk traffic stop into a deadly force
encounter.
During the first engagement, Jamall Frederick had the ability to use deadly force on deputies (or the other
occupants of the vehicle) when he armed himself before exiting the vehicle despite repeated and clear
instructions. Upon taking flight, he had the opportunity to shoot as he fled putting the officers and the
occupants of the vehicle at risk of death or great bodily harm. Jamall Frederick’s motivations were only
known to him but his deliberate actions escalated a dangerous situation which was perceived by deputies
as his intent to use deadly force to further his escape. During the second engagement, Jamall Frederick
was still in possession of the firearm, unresponsive to commands, and engaged in movement which was
perceived by Deputy Peach, Deputy Joerger, and Sergeant Lester as a threat which was responded to with
additional shots being fired by the three deputies. The tactical decision to not follow Frederick,
demonstrated Deputy Joerger’s continued belief that Jamall Frederick was still an imminent threat.
After review of the information above, it is the investigative conclusion that the actions taken by deputies
was appropriate, lawful, and consistent with Agency policy. As such, it is recommended that no further
administrative action be taken.
Cc:
Sheriff Eric Flowers
Undersheriff Thomas Raulen I.A.103.24
Employee Internal Affairs File Revised 02/23/21
