July 31, 2026 – Charlotte County, FL
“On June 30, 2026, we received formal written notice from the State Attorney’s Office indicating, after a full review of the case, it has been determined that there was no violation of the law.
DFC Poole did not take an active role in the subsequent investigation but provided an electronically signed statement through his attorney. DFC Poole’s letter stated Burch continued to argue with him and got into his personal space. DFC Poole deployed his Taser on two occasions to gain compliance which were met with negative results. DFC Poole explained Burch grabbed or took his Taser from his hand, so he then drew his firearm. DFC Poole stated he attempted to take Burch into custody with his firearm in his hand and Burch tried to grab his firearm. Out of fear for his safety, he fired his weapon at Burch. Due to the totality of circumstances and that Burch’s intent is unknown the State finds that Timothy Poole was justified in the use of deadly force against Daniel Burch. For this reason, they would not be moving forward and the matter was closed.
This decision is disheartening but I do understand the legal hurdles the State would have to go through to prove this beyond a reasonable doubt. Though DFC Poole put himself in this position, we do not know what Mr. Burch’s intent was when grabbing or swatting at both the taser and firearm. Though it was determined by the State that there was no violation of law, we have sustained several policy violations.
Our Internal Affairs investigation revealed that on September 23, 2025, DFC Poole was on duty wearing his agency issued uniform readily identified as a law enforcement officer and responded to a crime of battery occurring at the Deep Creek Golf Club. DFC Poole initiated his investigation without activating his body-worn camera (BWC) when interacting with the victim and one witness. DFC Poole then followed the victim to his apartment without securing the crime scene and witnesses.
While at the victim’s apartment, DFC Poole and the battery victim were approached by the battery suspect (Burch). Burch approached both in an agitated and aggressive manner. DFC Poole told Burch to go home. Burch used hand gestures inviting the battery victim to a confrontation. DFC Poole drew his Taser as a Show of Force. DFC Poole failed to verbalize and attempt to deescalate the situation as well as failing to create any distance between himself and Burch. DFC Poole deployed his Taser at Burch who made no active assaults toward the battery victim or DFC Poole. The Taser was ineffective.
DFC Poole used poor tactics while approaching Burch who remained just beyond arms reach of Poole. Burch was able to reach out and swat at the Taser on two occasions knocking DFC Poole’s hand and Taser to the side. A second Taser deployment was made which also was ineffective. DFC Poole failed to deescalate the situation prior to the Taser being deployed and after the deployment. Instead, DFC Poole escalated the situation by using confrontational and derogatory language towardBurch.
DFC Poole eventually transitioned from the Taser to his firearm as a further Show of Force towards Burch. DFC Poole again failed to deescalate the situation nor did he attempt to utilize and exhaust other non-lethal options. DFC Poole again utilized poor tactics in approaching Burch with his firearm drawn, maintaining only approximately 6-8 feet space between the two of them. Burch, during the encounter, continued to move back from DFC Poole. Contrary to training techniques, DFC Poole approached Burch with firearm drawn and attempted to go hands-on and take Burch into custody. DFC Poole now placed himself in a position where his firearm is within reach of Burch who reached out and made contact with DFC Poole’s firearm forcing DFC Poole’s hand and firearm to the side. DFC Poole responded by firing three rounds at Burch ultimately causing fatal injury.
It is our finding that DFC Timothy Poole did not follow Charlotte County Sheriff’s Office policies and training during this encounter. Therefore, several policy violations have been sustained to include Use of Deadly Force or Non-Deadly Force Contrary to Rules, Regulations and Procedure and if it weren’t for the fact that DFC Poole retired just after the shooting, based on the facts of this investigation, it would have been my intent to withdraw his appointment from the Office.”
Sheriff Bill Prummell