The complaint alleges, Salvato suffered a tragic death, captured by a dashboard camera, when Deputy Miley pulled out her service pistol and opened fire, shooting him in the abdomen as he was retreating away from her. It further alleges as Salvato lay face down bleeding to death in the middle of Sunset Harbor Road, Deputy Brown tortured him, tasering him 12 consecutive times. 21 year old Salvato, died of a gunshot wound despite the fact that he had not committed any crime.
Vincent Salvato filed the civil case against the Marion County Sheriff Department, on behalf of his deceased son on November 14, 2012. He is represented by local counsel Varnell & Warwick, P.A., along with Leopold Law, P.A. and Romanucci & Blandin, LLC.
According to the complaint, on July 6, 2012 at approximately 10:45 p.m., Deputy Miley responded to a 911 call concerning an alleged disturbance on Southeast Sunset Harbor Road. Josh Salvato was walking along the road when Deputy Miley approached and started questioning him. She asked whether he was carrying a weapon and confirmed that the only item in his pockets was a piece of bread. Deputy Miley proceeded to call for back up, despite having no cause to place Salvato under arrest or take him into custody. When Deputy Brown arrived the two attempted to handcuff Salvato, without any justification of a crime being committed. Josh Salvato attempted to escape from their grasp, and was moving away from the Deputies when he was shot and killed.
“Deputy Miley used deadly force against Josh, even though he was clearly not posing an immediate threat and as a result a young life has been lost,” stated Ted Leopold, Managing Partner at Leopold Law, P.A. and one of the litigators in this case. He added, “While this lawsuit is not intended to vilify or discount the value and service provided by first responders and law enforcement, we have to take action to ensure that this senseless loss of life is prevented in the future.”
Janet Varnell, local counsel and partner at Varnell & Warwick, P.A., commented at the filing of this case, “Law enforcement is trained to serve and protect so our children are safer, not in danger. The family, and the memory of Josh Salvato deserve justice for this tragic death and our community must hold them accountable to ensure that this never happens again.”