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Officer punished for shooting at car

By CHRIS TISCH
Published November 18, 2006

ST. PETERSBURG - A city police officer faces a two-week suspension for violating several agency general orders during a shooting last month.

Officer John DeLuca violated five department rules, including guidelines shaped after the 1996 police shooting of TyRon Lewis that set off two nights of disturbances. Those orders restrict officers from placing themselves in harm's way when dealing with suspects in vehicles.

DeLuca violated those policies when he fired twice at car-theft suspect James Simmons, 16, on Oct. 2. Simmons wasn't hit.

DeLuca fired after he approached the driver's side of the car and pointed his gun at Simmons, whom officers had spotted moments earlier in the stolen car. Simmons then fled officers and hit a police car, records state.

When DeLuca approached the car with his gun drawn, Simmons at first raised his hands, but then turned the car toward DeLuca and struck him. DeLuca fired because he feared he would be dragged under the car, police records state.

DeLuca avoided being dragged. The car continued a short distance before crashing. DeLuca and other officers took Simmons into custody on several charges, including grand theft auto and fleeing police. Those charges are still pending.

DeLuca, a three-year department veteran, suffered minor injuries.

Mark Deasaro, president of the local Police Benevolent Association, said he would review the reports, talk to DeLuca and consider taking the case to arbitration.

"This is another example of a guy out there doing his job and getting chastised for it," Deasaro said.

But Police Department spokesman Bill Proffitt said the policies are designed to keep officers safe.

"To stand there and shoot at a car is not safe for the officers," Proffitt said.

[Last modified November 18, 2006, 00:11:54]