Information obtained during the investigation confirmed Powell was armed with a gun both during the initial shooting on Nov. 22, as well as the subsequent shooting the following day that that ended after Powell was taken into custody.
However, deputies said there is no evidence "at this time" that Powell fired his weapon. During the initial shooting on Nov. 22, two deputies fired their weapons as Powell punched and fought with K-9 Forest while pointing a gun at one of the deputies, a report states.
"It has been determined that Forest was tragically killed by friendly fire, sustaining two gunshot wounds during the incident," said Gary Davidson, a public information officer with the Volusia County Sheriff's Office.
It is unknown which deputy fired the rounds that struck the K-9.
"Sadly, unintended consequences sometimes occur in shooting situations," Volusia County Sheriff Ben Johnson said in a statement. "This doesn't change the fact that Forest died a hero while trying to subdue a dangerous gunman.
"Our deputies were put into a deadly threat situation and were forced to defend themselves. As far as I'm concerned. Eddie Powell is responsible for the death of Forest just as surely as if he had pulled the trigger."
Forest was 2-years-old and was on the force for about one year.
Powell was booked into the Volusia County Branch Jail in Daytona Beach on charges of possession of a firearm by a convicted felon, fleeing or attempting to elude a law enforcement officer and operating an unregistered vehicle. He is also being held on a probation violation out of Georgia.
The Sheriff's Office are charging Powell with:
- use of a deadly weapon against a police dog
- two counts of attempted second-degree murder with a firearm
- possession of a weapon or ammunition by a convicted felon
- fleeing or attempting to elude a law enforcement officer
- failure to register a motor vehicle
He should also be charged with felony aggravated animal cruelty.
(MyNews13 - Dec 8, 2016)