Hillsborough State attorney’s Office review of Janak Amin case
January 22, 2021
Categories: News, Press Release
The letter below has been sent to Sheriff Chad Chronister regarding the investigation of former Hillsborough County Sheriff’s Office Sgt. Janak Amin.
January 22, 2021
Sheriff Chad Chronister
Hillsborough County Sheriff’s Office
2008 E. 8th Avenue
Tampa, FL 33605
Re: 2020-CF-8107, Sgt. Janak Amin
Dear Sheriff Chronister:
Thank you for your office’s cooperation in our review of the arrest and investigation of former HCSO Sergeant Janak Amin on July 10, 2020. The purpose of this letter is to summarize our review of the evidence as well as our determination of whether any criminal violations of Florida law occurred.
My office reviewed this matter to determine whether Sergeant Amin committed any crimes in connection with the July 9 incident involving the arrest of Carl Elkins, including but not limited to (1) aggravated assault in violation of Florida Statute §784.021 and (2) assault in violation of Florida Statute §784.011. (Note: Sergeant Amin was arrested for a single count of aggravated assault with a deadly weapon, but we evaluated his conduct for two separate possible instances of assault.) To be clear, we did not review whether Sgt. Amin violated HCSO internal policies and procedures or whether his conduct was consistent with the high standard for law enforcement in our community. That is not our role in this matter.
My office reviewed the entire case file, including police reports, witness statements from HCSO deputies and Elkins, photographs, written communications among HCSO personnel, and documents and witness statements pertaining to the use of force continuum. Additionally, my office has met with and requested additional evidence from detectives from your Criminal Investigation Division as recently as December 2020.
Given your familiarity with the relevant facts and allegations, I am not including a full factual summary herein. The arrest report states that during the course of apprehending Elkins pursuant to an arrest warrant, Sgt. Amin pointed his gun at Elkins and told him “he would be shot if he did not verbally identify himself.” Additionally, the arrest report states that Sgt. Amin subsequently told Elkins that he would be “taken to the woods if he did not comply with providing his identity.”
Our review has concluded that there is insufficient evidence to charge Sergeant Amin with any crime. To file any criminal charge, my office must have a good faith belief that we can prove all elements of the offense beyond a reasonable doubt using admissible evidence. First, to establish aggravated assault, we would need to prove beyond a reasonable doubt that Sgt. Amin intentionally and unlawfully threatened violence against Elkins using a firearm, had the apparent ability to carry out the threat, and that the threat created a well-founded fear that the violence was about to occur. The evidence establishes that Sgt. Amin pointed his gun at Elkins and threatened to shoot him.
The critical question is whether the threat was unlawful or whether Sgt. Amin was acting in his capacity as a law enforcement officer arresting a noncompliant and potentially dangerous suspect. In short, the evidence establishes that Sgt. Amin drew his weapon to provide cover for himself and the other deputies arresting Elkins, and that Elkins was not handcuffed and was actively resisting arrest at the time or immediately before the threat was made. Threatening a noncompliant and potentially dangerous suspect to make him obey commands and submit to a lawful arrest is allowed under Florida law. Therefore, there is insufficient evidence to establish that Sgt. Amin was acting outside of his lawful capacity as a law enforcement officer at the time the threat was made.
Second, to establish assault with regard to Sgt. Amin’s “taken to the woods” comment, similar to an aggravated assault, we would need to prove beyond a reasonable doubt that Sgt. Amin intentionally and unlawfully threatened violence against Elkins, had the apparent ability to carry out the threat, and that the threat created a well-founded fear that the violence was about to occur. The evidence establishes that Sgt. Amin did make a comment to this effect—using a euphemism for physical harm—to Elkins after Elkins was securely in custody. However, the evidence also establishes that Elkins did not have a well-founded fear that the harm was about to occur. In a recorded sworn statement, Elkins said that he thought Sgt. Amin may be bluffing and did not take the threat seriously because another deputy was standing nearby. Therefore, Sgt. Amin’s comment, however inappropriate, does not rise to the level of an unlawful assault.
My office’s review of this matter was necessary and appropriate to ensure the equal application of the law to everyone in Hillsborough County, both law enforcement and civilian. Independent reviews such as this are critically important to the community to ensure accountability from government agencies. I therefore appreciate your office’s cooperation and patience as my office conducted a thorough review.
Sincerely,
ANDREW H. WARREN
State Attorney
https://www.sao13th.com/2021/01/hill...nak-amin-case/