Diego Gorak

COMPLETED This Punishment Report is now Completed Processed by Administrative Services - 15/Apr/2024 Un-whitelist required 76561198271396739/Char ID: 968 @Dan Daisy @Matt Rossi Diego Guerra, TxDPS Human Resources

COMPLETED This Punishment Report is now Completed Processed by Administrative Services - 15/Apr/2024 Diego Gorak, TxDPS Human Resources

COMPLETED This Punishment Report is now Completed Processed by Administrative Services - 10/Apr/2024 Diego Gorak, TxDPS Human Resources

COMPLETED This Punishment Report is now Completed Processed by Administrative Services - 07/Apr/2024 Diego Gorak, TxDPS Human Resources

COMPLETED This Punishment Report is now Completed Processed by Administrative Services - 03/31/2024 Diego Gorak, TxDPS Human Resources

Posted December 19, 2020 Senate Disciplinary Appeal Committee Disciplinary Appeal Case Number: [Office Use Only] Florida Legislature Officer Presiding: [Office Use Only] NAME Diego Guerra and GOV. DEPARTMENT Florida Highway Patrol **DISCLAIMER: IF POSSIBLE, YOU MUST FIRST APPEAL INTERNALLY WITHIN YOUR DEPARTMENT YOU MUST BE LISTED AS ACTIVE ON THE FLORIDA STATE POLICE ROSTER PRIOR TO DISCIPLINE (10 Hours a Week) TO PLACE A SENATE APPEAL** Information Trooper's Name: Diego Guerra Organization: Florida Highway Patrol Rank: Senior Trooper Department: Highway Patrol Badge Number (If Applicable): 231 Punishment you were given: 2 Warnings and Removal of Firearms Training Grounds for Appeal (Why should it be overturned): Officers face day to day life endangering split second decisions. In this case as the suspect show utter lack of care for anyone else but himself I can safely say I feel the use of force might have been relatively addecuate as there was a realistic and continuous fear for my life. According to Graham vs Connor when deciding if any punishment is required after an alleged use of force violation a lot of factors must be taken into account and in this specific case not just the fact the suspect ended up not having a weapon. I always respect use of force policies and have never been issued any sort of punishment regarding this or any other SOP violations. I feel the punishment was excessive and bigger factors other than "must follow SOP's to the lettter" were disregarded. I must add the only reason I fired my weapon is because in the motion of him putting up his fists to attack me I (in a split second decision) saw what looked like a weapon drawing motion from his waist. After firing one single shot I had enough time to process he didn't have a weapon and made the decision to stop shooting. Any evidence to support this: Have you requested reasons for your discipline (if yes, please paste them as a reply to this appeal): Class Z Do you know the case against you (have you seen the evidence)?: No evidence/On the spot punishment Do you request the Florida Senate Disciplinary Appeal Committee obtain all evidence help by the government in relation to your case?: Yes Please link your original appeal which must have been denied here: