Deputies: Defect with partition likely reason handcuffed murder suspect got shotgun

ORANGE COUNTY, Fla. — A man arrested for killing another man and dumping his body in Casselberry was able to get his hands on an arresting deputy’s shotguns while he was in the back of the cruiser, Channel 9’s Shannon Butler uncovered.

Jose Antonio Torres and Jennifer Smedley were caught in James Watrous' truck behind a 7-Eleven on Orange Blossom Trail.

Investigators said Watrous was tied up, driven around and eventually strangled to death. His body was found behind the Old Time Pottery Store near State roads 436 and 1792.

Documents shows that the deputy put two sets of handcuffs on Torres and placed him in her cruiser.

Sources told Butler that Torres grabbed a trainee’s loaded shotgun though the partition that separates the suspect from the deputy.

Documents said Torres cocked the gun and set it next to him, ready to fire.

Butler was told that the deputy heard Torres making noise and went to check on him.

When the deputy opened the door, Torres’ hands were in front of him and the loaded shotgun was sitting next to him.

The deputy then locked the gun up in the front seat.

A report said deputies thought the trainee left the shotgun in the backseat during the arrest, but body cam video showed that was not the case.

While Torres was placed back into the cruiser, he again managed to grab another shotgun from the front seat, documents said.

An investigation is underway to figure out if the guns were locked up, if the cage in the car had issues and if those deputies put themselves in harm’s way.

The Sheriff’s Office said it is likely a defect in that patrol car, but still warned other agencies about what happened.

Butler asked to get more details about how Torres obtained a gun the second time, but deputies said they’re still working on that.

“We’re looking at all the equipment, we’re looking at the information for or deputies, and also an office-safety issue,” said Capt. Angelo Nieves of the Orange County Sheriff’s Office.

Deputies did not say if they changed protocol when it comes to securing weapons while the defect is figured out.

Torres was accused of having sex with a 14-year-old girl in 2009. The victim's father attacked him and he fled naked on a bike, according to officials. Police caught up with him and he pleaded no contest to child abuse charges and served a year in prison.

Torres is charged with first-degree murder with a weapon and Smedley is charged with being a principle to first-degree murder.

Both are being held without bond at the Orange County Jail.

Cox Media Group