ORANGE COUNTY, Fla. — Channel 9 found out an off-duty Orange County deputy may have been breaking the rules when his gun went off and shot a man during a struggle over the weekend.
A law enforcement expert said the deputy may have violated policy when the deputy decided to get involved while off-duty.
According to the department’s policy, that’s only something an off-duty deputy can do in a very serious situation.
Read: Sheriff Office off-duty policy
Investigators said Persaud, 27, charged Claudio and tried to take the deputy's gun. The gun discharged and Persaud ran to his car and fled the scene, officials said.
"People can mistake him for somebody else other than a police officer. It's a very dangerous situation, " said WFTV law enforcement expert Chuck Drago. "Police departments typically discourage officers from getting involved in things off duty."
Deputies said the incident started over a minor crash at about 11 p.m. Saturday.
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Off-duty Deputy Anthony Claudio got into a minor hit-and-run crash with Vinod Persaud.
Claudio followed Persaud down the road until Persaud parked.
Investigators said Claudio then walked up to Persaud’s vehicle, drew his gun and then ended ups shooting Persaud in the middle of a struggle.
Claudio did identify himself as a member of law enforcement.
Photos: Off-duty Orange County deputy shoots man near OBT
“The fact that he for involved to begin with is a violation of the policy,” said law enforcement expert Chuck Drago.
Drago read a copy of the Orange County Sherriff’s Office off-duty policy.
The policy instructs off-duty deputies should first go to a safe location and call 911.
But the investigators said Claudio followed the man for miles.
“He would not have been in compliance with the policy if, in fact, he did pursue this individual,” Drago said.
The policy also directs off-duty deputies to “only consider intervention when deadly force would be justified” and warns them that intervening “may actually spark an escalation of violence.”
Drago said that’s why Claudio could face other problems down the road.
“There’s also always the possibility of civil suits later on,” Drago said.
The suspect’s father said the family plans to hire an attorney.
Persaud suffered serious abdominal injuries.
Cox Media Group
