Orange County

State attorney: No charges to be filed against deputy who fatally shot Salaythis Melvin

ORANGE COUNTY, Fla. — Orange-Osceola State Attorney Monique Worrell said Friday no charges will be filed against the Orange County deputy who shot and killed Salaythis Melvin outside the Florida Mall in August 2020.

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Melvin was shot and killed outside the Florida Mall after the sheriff’s office said Deputy James Montiel feared for his life when Melvin reportedly turned toward him while holding a gun in his waistband.

Worrell said an extensive investigation into the case by her office concluded that they could not refute that Montiel feared for his life when he shot and killed Melvin and that the shooting was lawful.

READ: State attorney’s review of Salaythis Melvin shooting ongoing more than a year later

Worrell said Montiel testified that as Melvin was running away from him outside the mall, he turned and looked at him with his hand on his gun.

Worrell said footage of the shooting could not confirm or refute Monteil’s testimony that Melvin turned before the shooting, but it does show an object, identified as a tan, loaded Glock 19, falling from Melvin’s hand as he fell to the ground after being shot.

READ: Family of man shot, killed by Orange County deputy meets with state attorney about case

Orange County John Mina said the sheriff’s office will now launch an internal investigation to determine if any agency policies or procedures were violated during the shooting. Read his full statement below:

Stay tuned to Channel 9 Eyewitness News for updates.

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Sarah Wilson

Sarah Wilson, WFTV.com

Sarah Wilson joined WFTV Channel 9 in 2018 as a digital producer after working as an award-winning newspaper reporter for nearly a decade in various communities across Central Florida.