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Some Question Whether Deputy Was Justified In Shooting

Posted: 3:12 pm EST January 16, 2006Updated: 4:47 pm EST January 16, 2006

STUDENT: New Information About 15-Year-Old Who Was Shot

LONGWOOD, Fla. -- The sheriff's office said it is turning everything over to the Florida Department of Law Enforcement and the State Attorney's Office in relation to the shooting of a 15-year-old boy at school. The question they will answer is, was Lieutenant Mike Weippert justified in shooting Chris Penley?

Mike Weippert received the Purple Heart after he was stabbed in the line of duty and needed more than 200 stitches on his face. Ten years later, Weippert is again being attacked, this time for his use of lethal force on a 15-year-old student.

"Twenty years on sheriff's office, 17 years on SWAT. It's a difficult situation for a lot of people," said Sheriff Don Eslinger.

The decorated SWAT member, who volunteered to talk with elementary and middle schools, isn't talking. But others are wondering out loud, why not a Taser instead of a gun?

"I understand the distance wasn't conducive to the utilization of a Taser and, plus, when I guess a firearm is pointed, a Taser is not necessarily the most appropriate means to deal with that," Sheriff Eslinger said.

Among the critics of Weippert's decision to shoot are Chris Penley's friends. Dan Lance lives on Helen Street and has taken Chris camping.

"Anger, that really frustrated the crap out me. Guy's been on the force for 20 years, couldn't tell the difference between a BB gun and a real gun," Lance said.

A timeline of the shooting, along with eyewitness accounts, phone records and radio transmissions are being investigated at the Florida Department of Law Enforcement offices in downtown Orlando. Once that's over, it may be more clear whether or not Weippert was just in using lethal force.

The family of Chris Penley has consulted personal injury attorney Mark Nation. Sheriff Eslinger says lawsuits come with the territory and he welcomes a full and complete investigation into Weippert and his department's actions. Weippert remains on paid administrative leave.

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