‘My client is the one suffering’: Attorney says after charges dropped against deputy who shot client

ORANGE COUNTY, Fla. — Last week, WFTV told that charges have been dropped in the case of an Orange County Deputy who shot a man during a traffic stop.

The case which centered around a traffic stop - followed by a shooting, was in jeopardy after questions were raised by State Attorney Andrew Bain’s office.

9 Investigates dug through recently released documents which gave a look as to why.

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A memo from Chief Deputy Ryan Williams stated that Bruce Stolk told investigators he shot Edenilson Urbina in self-defense, but prosecutors didn’t believe it because evidence showed he likely fired his weapon accidentally instead.

Williams wrote that a former prosecutor went forward with the charge relying entirely on a statement they believed was likely false and presented it to the grand jury as if it was true.

“Their failure to promptly address Stolk’s false statements and pursue appropriate charges for two years allowed the statute of limitations to expire, leaving us unable to file any criminal charges against Stolk at this time,” said State Attorney Bain. “A law enforcement officer’s conduct must be above reproach and even though Stolk’s actions do not constitute a provable crime i do not believe he is blameless.”

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Stolk’s defense attorney said it should have never been handled this way. “They can’t have their cake and eat it too,” said defense attorney David Bigney. “What we do have is a document here that outlines the hypocrisy of the prosecution of this case from the get-go.”

Much of the testimony has been redacted, as grand jury indictments are sealed, but according to the memo, the state’s own investigator and an expert witness didn’t believe the charge of aggravated battery was warranted or could be proved beyond a reasonable doubt.

However, Williams said the grand jury didn’t hear all of that.

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Bain sent a statement after those documents were released which said in part, “The decision to drop the aggravated battery charge against Bruce Stolk brings to light deeply troubling ethical concerns with the previous administration’s handling of this case.”

Williams blamed the prosecutor who presented the case, but said he believes the direction came from the state attorney herself.

As for Stolk, he will be under an internal investigation for that shooting.

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Edenilson Urbina’s attorney, Andrew Darling, responded to WFTV and said that his client is the one who is suffering and now does not have justice.

Darling said they will take this case to federal court or file a civil complaint.

When 9 investigates asked his attorney if it is any consolation that Stolk will undergo an internal investigation, Darling said, “I don’t know how that makes the community safer. My client is the only one who suffers.”

WFTV has reached out and are awaiting a statement from Sheriff John Mina.

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A spokesperson for Monique Worrell sent Eyewitness News a statement, which reads:

“While we appreciate the opportunity to comment, it’s important to note the irony in critiquing the decision to take this case to the grand jury, especially considering it aligns with the grand jury policy of the appointed administration.

The facts of this case are simple: Bruce Stolk shot an unarmed man and stated he did so because he alleged the individual had a gun, but there was never any evidence of a gun. Ryan Williams’ skepticism about Bruce Stolk’s honesty regarding this statement does not alter the established facts of the case.

There’s evident disagreement regarding the outcome, particularly as State Attorney Worrell had signed off on the case proceeding to the grand jury. However, without access to the case files, providing a meaningful response is impractical. The case files as well as the investigation that led to the Grand Jury indictment are in the sole possession of the appointed administration.

Neither Andrew Bain nor Ryan Williams have not been elected by the people of this circuit to prosecute cases on their behalf. Their unjust appointment necessitates justification for this decision, yet their legal analysis is inconsistent with the facts of the case. Their actions fail to represent the will or position of the people who elected the State Attorney to bring accountability to law enforcement when violations of the law are present. Just because this is the decision of the governor’s appointed administration doesn’t mean it’s in alignment with justice, truth, or the determination made by the Grand Jury months ago.

Restoring public trust in law enforcement begins with a State Attorney’s Office that can make decisions independent of law enforcement’s influence. During State Attorney Worrell’s administration, there were dozens of cases that were reviewed by our Officer-Involved Critical Incidents team that were not prosecuted when a violation of the law was not present. Even in cases where the State Attorney faced public scrutiny for not prosecuting the officers involved. The team she selected was comprised of experienced prosecutors and investigators who presented a case that required the attention of the Grand Jury. Out of all of the cases reviewed, the Grand Jury determined this incident warranted prosecution.

This situation is not unique to Florida. Part of the Republican playbook across the country is to vilify and remove elected prosecutors who demand accountability from law enforcement. As the State Attorney mentioned upon her removal, this scenario illustrates precisely what some in law enforcement sought to achieve with her removal—specifically—John Mina. Today, that agenda has succeeded, and the part he played in State Attorney Worrell’s removal has paid off.”

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Read State Attorney Andrew Bain’s full statement below:

“The decision to drop the aggravated battery charge against Bruce Stolk brings to light deeply troubling ethical concerns with the previous administration’s handling of this case. While we are unable to prove the charge beyond a reasonable doubt, it is also abundantly clear this criminal charge never should have been pursued after a thorough evaluation of the facts, evidence, a review of Florida law and the ethical rules that guide prosecutors.

“The previous administration’s reliance on Stolk’s unreliable statement, despite glaring inconsistencies with evidence, reflects a disregard for the pursuit of truth and justice. Their failure to promptly address Stolk’s false statements and pursue appropriate charges for two years allowed the statute of limitations to expire, leaving us unable to file any criminal charges against Stolk at this time. A law enforcement officer’s conduct must be above reproach and even though Stolk’s actions do not constitute a provable crime I do not believe he is blameless. Per the Orange County Sheriff’s Office’s standard procedures now that the criminal case is closed, they will conduct an internal investigation. We look forward to the results of OCSO’s internal investigation into Stolk’s actions and his truthfulness.

“There are dangers when prosecutors seek a specific end rather than an objective presentation of the evidence in the interest of furthering justice. As prosecutors, we have special obligations that other attorneys do not, including working as ministers of justice. We promise to uphold ethical rules and regulations that govern prosecutors, including the Rules Regulating the Florida Bar. Florida Bar Rules 4-3.8 and 4-3.3 impose upon a prosecutor the duty to present all material facts known to the lawyer to a grand jury and that was not done in this case.

“It is my sincere hope the prior administration’s actions in this case do not erode the public’s trust in the legal system. According to the American Bar Association’s Criminal Justice Standards, prosecutors must seek justice within the bounds of the law and should act with integrity and balanced judgment by pursuing appropriate criminal charges of appropriate severity and exercising discretion to not pursue criminal charges in appropriate circumstances all in the interest of increasing public safety.

“Under my leadership, this office aims to fulfill that promise and be as transparent as legally possible during the process so the public may hold us accountable.”

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