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Cape Coral police make arrest following officer-involved shooting

By Staff | Apr 30, 2011

A Cape Coral man was arrested Saturday after he attempted to allude police called to a shoplifting incident, striking a patrol vehicle and injuring an officer in the process, police said, adding the officer, who was in fear for his life, fired several times at the suspect’s vehicle, hitting a tire.
Josue Daniel Joseph, 25, of 2201 N.W. 4th Terrace, was shot with a stun gun after he fled on foot, was discovered hiding in brushes near Northeast Van Loon Lane, and attempted to flee again, officials said.
He faces a battery of charges including aggravated assault of a law enforcement officer, resisting officer with violence, resisting officer without violence, retail theft, possession of marijuana under 20 grams and criminal mischief, according to a prepared statement issued by the Cape Coral Police Department.
Joseph was transported to Cape Coral Hospital for medical care. He was later released and then transported to the Cape Coral Police Department where he was interviewed. He was being held at the Lee County Jail late Saturday night.
The officer, who has not been identified, sustained minor injury to his leg during the initial encounter with Joseph, police said. He was treated and released from the Cape Coral Hospital Emergency Room.
“We are happy that what could have been a tragic incident was resolved quickly and without more serious injury to our Officer or the suspect,” said Detective Sgt. Dana S. Coston in the prepared statement. “We thank the concerned citizen(s) who contacted the Cape Coral Police and assisted us in the quick apprehension of this violent offender. It is this type of cooperation that makes all the difference…”
The incident began after the Cape Coral Police Department received a 911 call from an employee for the Wal-Mart at 505 S.W. Pine Island Road reporting a retail theft in which the suspect fled in a red Dodge Charger with a temporary tag.
A uniformed Cape Coral police officer driving a marked patrol vehicle observed a vehicle matching the description traveling eastbound on Pine Island Road bearing Florida temporary tag AND8578.
The officer activated his emergency lights and moved into position behind the vehicle on Pine Island Road. The suspect vehicle pulled into the Kia dealership at 404 N.E. Pine Island Road and, moving at a high rate of speed, traveled along the side of the Kia dealership, turned behind the dealership still traveling at a high rate of speed until it was forced to stop when it reached a dead end, police said.
The officer, with lights still activated, pulled behind the vehicle and exited the patrol car. He issued numerous verbal instructions to the driver of the suspect vehicle to exit but the driver refused. The driver of the suspect vehicle then began driving in reverse, striking the patrol vehicle, causing visible damage. The driver then placed his vehicle in drive and drove towards the officer, placing him in fear for his life. The officer fired several rounds from his duty weapon towards the suspect vehicle, striking the car several times and hitting the front right tire.
The suspect fled from the Kia dealership in his vehicle until he was forced by a flat tire to stop in the 400 block of Northeast Van Loon Lane. The officer did not pursue.
The suspect then fled on foot, hiding in nearby foliage., officials said.
Officers set up a perimeter after receiving information from concerned citizens and discovered a man believed to be the suspect near the 700 block of Pine Island Lane. Officers issued verbal instructions to the man, who fled on foot. Officers chased him, issuing orders to stop, which were ignored. Officers then used a stun gun to take the man into custody. They found marijuana in the his front left pocket; the drug was collected, weighed and submitted as evidence, officials said.
The man taken into custody was identified as Josue Joseph.
After medical treatment, Joseph told investigators he was at Wal-Mart and did have a confrontation with several employees regarding items, officials said, adding he would not elaborate on whether he had stolen the items. Joseph also stated he left the Wal-Mart in a red Dodge Charger which belonged to his cousin.
According to police, Joseph said he noticed a patrol vehicle with its lights on behind him on Pine Island Road. He reportedly told police he just wanted to go home and was not going to stop. He drove into the Kia parking lot and then around back, coming to a stop in a dead end. Joseph stated, it was at this point that the officer drove into his vehicle and exited pointing a “Taser” at him. Joseph said he was told to exit the vehicle and he refused. He said the officer then began shooting at his vehicle for no reason, at which point he, Joseph, fled the area in fear for his life. Joseph stated he had to stop the vehicle because of the flat tire and ran on foot, hiding from police. He said that officers found him and he ran again, that he was told to stop but refused at which point he was “Tased”.
The employee at Wal-Mart provided a sworn statement indicating that Joseph obtained approximately $147.68 worth of items and placed them into a shopping cart. Joseph then spent several minutes walking around the store until he exited past all points of check out through the front doors. He was confronted by employees in the parking lot at which point he became argumentative and aggressive. Witnesses at Wal-Mart identified Joseph as the suspect and stated he fled in a red Dodge Charger, leaving the items behind. Video surveillance corroborates witness statements, officials said.
Witnesses to include Kia employees and shoppers at the Kia dealership provided statements indicating they observed the suspect’s vehicle traveling towards the officer placing him in danger. Witnesses also told police observed the suspect’s vehicle traveling at a high rate of speed through the Kia dealership parking lot.
Additional information regarding the officer will be released following the internal review of the discharge of firearm, Coston said.

Source: Cape Coral Police Department