Joseph, Josue Daniel (B/M 06/12/1985)
2201 NW 4th Terrace
On April 30th, 2011, The Cape Coral Police Department received a 911 call from an employee for the Wal-Mart located at 505 SW Pine Island Road, Cape Coral, Lee County, Florida. The employee was reporting a retail theft in which the suspect fled the scene in a red Dodge Charger with a temporary tag.
Officer MS is employed with the Cape Coral Police Department; he was operating a marked patrol vehicle and was wearing the uniform worn by patrol Officers. Officer MS observed a vehicle matching that description traveling East bound on Pine Island Road bearing Florida temporary tag AND8578. Officer MS activated his emergency lights and moved into position behind the vehicle on Pine Island Road. The suspect vehicle pulled into the Kia dealership located at 404 NE Pine Island Road, Cape Coral, Lee County, Florida. The suspect vehicle traveling at a high rate of speed traveled along the side of the Kia dealership, turned behind the dealership still traveling at a high rate of speed until it was forced to stop when it reached a dead end.
Officer MS with lights still activated pulled behind the suspect's vehicle and exited the patrol vehicle. Officer MS issued numerous verbal instructions to the driver of the suspect vehicle to exit, he refused. The driver of the suspect vehicle then began driving in reverse striking Officer MS's patrol vehicle, causing visible damage greater than 200 dollars but less than 1,000. The driver of the suspect then placed his vehicle in drive and drove towards Officer MS placing Officer MS in fear for his life. In fear for his life Officer MS fired several rounds from his duty weapon towards the suspect vehicle, striking the suspect's vehicle several times to include the front right tire.
The suspect fled from the Kia dealership in his vehicle until he was forced (flat tire) to stop at the 400 block of NE Van Loon Lane, Officer MS did not pursue. The suspect exited the vehicle and fled on foot, hiding in nearby foliage.
Officers set up a perimeter and after receiving information from concerned citizens the suspect was located near the 700 block of Pine Island Lane. Officers issued verbal instructions to the suspect who fled on foot. Officer's chased the suspect on foot issuing orders to stop, which were ignored. Officers utilized a Taser to take the suspect into custody. Officers located suspect marijuana in the suspect's front left pocket (PPW 0.8gr TPW13.6gr). The suspect marijuana was collected, weighed and submitted as evidence.
The suspect was identified as Josue Joseph (6-12-85), he was transported to Cape Coral Hospital for medical care, where he was later released and then transported to the Cape Coral Police Department where he was interviewed.
Josue stated he was at Wal-Mart and did have a confrontation with several employees regarding items, but he would not elaborate on whether or not he had stolen the items. Josue stated he left the Wal-Mart in a red Dodge Charger which belonged to his cousin.
Josue stated he noticed a patrol vehicle with it's lights on behind him on Pine Island Road. Josue stated he just wanted to go home and was not going to stop. Josue stated he drove into the Kia parking lot and then around back, coming to a stop in a dead end. Josue stated, it was at this point that the Officer drove into his vehicle and exited pointing a "Taser" at him. Josue stated he was told to exit the vehicle, he refused. Josue stated that the Officer then began shooting at his vehicle for no reason, at which point he (Josue) fled the area in fear for his life. Josue stated he had to stop the vehicle because of the flat tire and ran on foot hiding from Police. Josue stated Officers found him and he ran, he stated he was told to stop but refused to; at which point he was "Tased".
The employee at Wal-Mart provided a sworn statement indicating that Josue obtained approximately $147.68 worth of items and placed them into a shopping cart. Josue then spent several minutes walking around the store until he exited past all points of check out through the front doors. Josue was confronted by employees in the parking lot at which point he became argumentative and aggressive. Witnesses at Wal-Mart positively identified Josue as the suspect and stated he fled in a red Dodge Charger leaving the items behind. Video surveillance corroborates witness statements.
Witnesses to include Kia employees and shoppers at the Kia dealership provided statements indicating they observed the suspect's vehicle traveling towards the Officer placing him in danger. Witnesses observed the suspect's vehicle traveling at a high rate of speed through the Kia dealership parking lot.
Based on all available evidence probable cause exists for the following charges;
F.S.S. 784.07(2); Agg Asslt of a Law Enforcement Officer F.S.S. 812.015; Retail Theft
F.S.S. 893.13(6b) Possession of Marijuana under 20 grams
F.S.S. 843.01; Resisting Officer with Violence
F.S.S. 843.02; Resisting Officer without Violence
F.S.S. 806.13(1b2) Criminal Mischief
Josue was arrested and processed at the Cape Coral Police Department. Josue was later transported to the Lee County Jail in apparent good health.
Officer MS sustained minor injury to his leg during the initial encounter with Josue. He was treated and released from Cape Coral ER.
"We are happy that what could have been a tragic incident was resolved quickly and without more serious injury to our Officer or the suspect. We thank the concerned citizen(s) who contacted the Cape Coral Police and assisted us in the quick apprehension of this violent offender. It is this type of cooperation that makes all the difference. Further information regarding the officer will be released at a later time following the internal review of the discharge of firearm."- Det. Sergeant Dana S. Coston