FDLE report: Deputy justified in fatal shooting of Lake County man



LAKE COUNTY, Fla. - WFTV obtained a final report on Tuesday from the Florida Department of Law Enforcement that outlines a fatal deputy-involved shooting that happened in July in Lake County.

It comes two months after Andrew Scott was shot and killed when deputies showed up at the wrong apartment looking for an attempted-murder suspect in the middle of the night.

The FDLE report found Deputy Richard Sylvester's actions were justified when he opened fire after Scott answered his door with a gun drawn. In all, Sylvester fired six shots.

WFTV also obtained a letter from prosecutors on Tuesday night that shows the deputy won't be charged.

READ DOCUMENT: FDLE Investigative Summary: Police Use of Force

Scott's family is devastated.

"Their loved one, their son, their boyfriend who they had hopes to marry, is gone, gunned down, and what we hear from law enforcement, it was justified, too bad, next," said Scott's family's attorney, Mark NeJame.

The FDLE 20-page report raised some questions about what a key witness, the victim's girlfriend, saw on the other side of the gunfire.

FDLE investigators interviewed Scott's girlfriend three different times, trying to get her version of events, but in the end found her statements "inconsistent."

Agents also interviewed neighbors, sheriff's deputies and Sylvester and found their stories to be consistent with what they've said all along. They said deputies were forced to open fire on Scott because he opened the door in the middle of the night with a gun pointed at deputies.

According to several deputies and witnesses, while deputies were at Scott's door, his next door neighbor came outside and warned deputies they were at the wrong house and directed them to the house of the man they were looking for, the document stated.

Before they could do anything, deputies testified that Scott's door flung open and Scott answered with a pistol pointed at Sylvester's face.

The document states, "The door flung open. A male extended a semi-automatic pistol pointed at Deputy Sylvester's face."

But investigators said when they interviewed Scott's girlfriend, Miranda Mauck, her story changed.

First, she said Scott would have never answered the door with a gun if he knew there were deputies at the door.

"Would answer the door with the handgun only if they were not expecting guests," the document states.

Mauck later said Scott would only answer with a gun if they weren't expecting guests.

"They never identified themselves; he wouldn't have answered the door with the gun if they did," the document states.

Scott's family is in the process of filing a wrongful death lawsuit. And WFTV was told that will likely happen in the next three or four weeks.