Charlotte deputy won't face charges in fatal shooting; internal investigation finds policy violations

CHARLOTTE COUNTY, Fla. (WINK) — A Charlotte County deputy who fatally shot a man last year will not face criminal charges, but an internal investigation found he violated multiple department policies during the encounter.

The State Attorney's Office notified the Charlotte County Sheriff's Office on June 30 that Deputy First Class Timothy Poole was justified in using deadly force against Daniel Burch on Sept. 23, 2025. The state determined Poole did not violate the law, though Burch's intent when he grabbed at Poole's Taser and firearm remains unknown.

Poole retired from the Charlotte County Sheriff's Office in October 2025, shortly after the shooting. The sheriff's office previously said the retirement would not affect the criminal or internal investigations.

"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," Sheriff Bill Prummell said in a statement.

The shooting happened after Poole responded to a battery call at the Deep Creek Golf Club. Poole followed the victim to his apartment without securing the crime scene or witnesses, according to the internal investigation.

Click here to view the Charlotte County Deadly Force Policy.

Burch approached Poole and the battery victim in an agitated and aggressive manner at the apartment. Poole told Burch to go home, but Burch used hand gestures inviting the victim to a confrontation.

Poole drew his Taser as a show of force and deployed it at Burch, who had not actively assaulted anyone. The Taser was ineffective.

Burch swatted at the Taser twice, knocking Poole's hand and Taser to the side. A second Taser deployment also failed.

Poole then drew his firearm and approached Burch, maintaining only 6 to 8 feet of space between them. Burch continued to move back from Poole during the encounter.

Poole attempted to take Burch into custody with his firearm drawn. Burch reached out and made contact with Poole's firearm, forcing his hand and weapon to the side.

Poole fired three rounds at Burch, causing fatal injuries.

The internal investigation found Poole failed to activate his body-worn camera when interacting with the victim and a witness. He also failed to verbalize and attempt to deescalate the situation or create distance between himself and Burch.

"DFC Poole escalated the situation by using confrontational and derogatory language toward Burch," Prummell said.

Poole violated policies including Use of Deadly Force or Non-Deadly Force Contrary to Rules, Regulations and Procedure. He retired shortly after the shooting.

"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," Prummell said.