NEW VIDEO: Bodycam video from Polk County Sheriff’s Office shows deputy shooting

Gabriel Batista (Polk County Sheriff's Office)

DAVENPORT, Fla. – The Polk County Sheriff’s Office released video showing what happened when a man fired at a deputy. Gabriel Batista, 41, of Orlando was charged with attempted first degree murder of a law enforcement officer, among other charges.

Deputies went to a home in the Tanglewood Preserve subdivision in Davenport Wednesday, October 12, just after 10 p.m. Deputies Nicole Lyons and Harodis Nunez were talking to Batista about a domestic disturbance. Batista put his hands behind his back and began walking backward.

You can see in the video deputies gave verbal commands for him to show his hands. When Lyons fired her taser at him, Batista pulled out a 9 mm pistol and began firing at them.

One of the six shots fired by Batista hit Deputy Nunez in the center of his chest. The bullet was stopped by the bullet proof vest that Nunez was wearing. Batista threw his gun down and surrendered. He was taken into custody and charged with four felonies and a misdemeanor.

Polk County Sheriff Grady Judd said, “I am very happy to report that Deputy Nunez was released from the hospital. He is sore, but recuperating. Domestic violence calls are among the most dangerous our deputies respond to. Gabriel asked for us to kill him and we would have fulfilled his request if Deputy Nunez’s gun didn’t jam. We will be holding Gabriel accountable for his depraved violence against our deputies.”

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