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Man found guilty of attempted murder in police shooting

By TIFFANY REPECKI / trepecki@breezenewspapers.com 4 min read
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LEE COUNTY SHERIFF'S OFFICE Jon Webster Hay

A man who shot at three Sanibel police officers and a sheriff’s deputy in 2016 has been convicted of multiple criminal charges, including attempted first-degree murder of a law enforcement officer.

Following a four-day trial in Lee County, a jury found Jon Webster Hay, 57, guilty on Dec. 12 of three counts of attempted first-degree murder on a law enforcement officer with a firearm, life felonies; one count of shoot at/into an occupied vehicle, a second-degree felony; and one count of fleeing to elude a law enforcement officer, a third-degree felony.

According to records from the county Clerk of Courts, the panel of jurors found him not guilty of a fourth count of attempted first-degree murder on a law enforcement officer with a firearm.

At about 8 p.m. on Nov. 20, 2016, Sanibel police Officer Jared Ciccone conducted a traffic stop in the area of 2330 Periwinkle Way. A gray van passed by and shot at him, striking him once in the upper body. Ciccone radioed that shots had been fired and provided a vehicle description, where the shots had come from, the direction the van was traveling and that the driver was a man, according to records.

Officer Christopher Dowaliby heard the call while at 979 E. Gulf Drive. He turned west onto Periwinkle and located a gray-green van traveling eastbound in the 1200 block. Dowaliby pursed the vehicle with his police sirens and lights flashing until it came to a stop on Sand Castle Road.

Dowaliby saw a man, later identified as Hay, exit the van. Hay fired several shots at Dowaliby with what appeared to be a rifle. Officer Chad Maik reported that Hay opened fire with an AR-15 style rifle.

Both of the officers’ vehicles were struck by gunfire, with 28 spent cartridge cases found where Hay was shooting from. Seventeen spent cartridge cases were recovered near where the officers were, according to the State Attorney’s Office review of the incident. Dowaliby and Maik, along with Lee County Sheriff’s Office Deputy Julie Weber, fired at Hay. Hay took a gunshot wound to the shoulder.

In statements to the state investigator, the officers reported that commands were yelled for Hay to get out of the van and to show his hands. All three stated that Hay began shooting at them, “which caused them to return fire because they were in fear for their own lives and for the lives of the other two law enforcement officers.” The back-and-forth shooting continued for about one minute.

Hay then exited the van and ran to the front it of. He continued shooting at the officers before getting back into the vehicle and driving away. At about 8:40 p.m., 911 received a call from a man who stated that his son just returned home from an altercation with police and it appeared that he had been shot.

Within an hour, Hay was detained in his driveway at 1476 Sand Castle Road. A .45-caliber pistol was recovered from a fanny pack around his waist. Hay was transported to Lee Memorial Hospital.

Ciccone was also taken to the hospital for treatment and later released.

At the home, a .223-caliber rifle was found inside a duffle bag inside the truck of a car in the garage, as well as a .10 mm cartridge case. A loaded Glock .10 mm pistol was recovered from the nearby woods.

State Attorney’s Office Deputy Chief Assistant State Attorney Tyler Lovejoy and Assistant State Attorney Alyssa Wolf prosecuted the case.

“I am very grateful to the dedication of ASA Tyler Lovejoy and the State Attorney’s Office for having the patience to stick with this case. It has been over eight years since the shooting,” Sanibel Police Department Police Chief William “Bill” Dalton said on Dec. 17. “I am also very grateful to see justice served for all the law enforcement officers involved and particularly for Sgt. Ciccone.”

Defense attorney Mark Youngblood represented Hay.

He did not immediately return a message seeking comment on the conviction.

Hay was remanded into custody without bond.

His sentencing is set for Jan. 13 at 8:30 a.m. before Circuit Judge Bruce Kyle.

To reach TIFFANY REPECKI / trepecki@breezenewspapers.com, please email