State Attorney's Office

Fourth Judicial Circuit

Tashawn Gallon Death Investigation

January 18, 2019

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Tashawn Gallon Death Investigation
I. EXECUTIVE SUMMARY
On February 18, 2018, a terrible tragedy occurred when 7-year-old Tashawn Gallon was
inadvertently shot by his own relative, Henry Smith Jr. A comprehensive investigation and
review of the evidence has determined that Henry Smith Jr. fired his weapon in self-defense and
that his use of deadly force was justified under the law.

These events unfolded in the front yard of 1347 Mt. Herman St. in Jacksonville, Florida. Prior to
the shooting, Tashawn Gallon’s adult relatives and their friend were sitting outside the home
drinking and smoking marijuana when an SUV drove slowly by the house, stopped, and shot at
the adults in the yard. At the time of the shooting, Tashawn Gallon was playing while hanging
on the handrail of the stairs leading into the home. Three of the adult males in the yard returned
fire at the SUV in self-defense. Tashawn Gallon was shot one time in the back of his head. After
a complete investigation by the Jacksonville Sheriff’s Office and an analysis of the forensic and
medical evidence, it has been conclusively established that Henry Smith Jr. shot and killed
Tashawn Gallon as he defended himself and others from the impending deadly threat from the
suspect SUV.

The State of Florida will not file charges in this investigation because Henry Smith Jr. and the
other shooters fired their weapons in self-defense, resulting in the accidental shooting of Tashawn
Gallon. The report that follows elaborates this decision.

II. FACTS OF THE CASE

A. DESCRIPTION OF THE SCENE

The primary scene is the front yard of 1347 Mt. Herman St., a single-family home
located on the north side of Jacksonville. Evidence related to the shooting extends
into the side yard of 1343 Mt. Herman St., and to the roadway north of both
houses1. Tashawn Gallon lived at 1347 Mt. Herman St. with his aunt, Neco Gallon,
and his cousin, Keon McCray. Other relatives, including Tashawn’s uncle, Paige
Gallon, his cousin, Devora Bennett, and his elderly great-grandmother, Olean
Gallon, live in the home directly next door at 1343 Mt. Herman St. A chain link
fence divides the yards of the two homes.

1 See, Attachment 1

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 The house located at 1347 Mt. Herman St. has been shot and struck by gunfire on
multiple occasions in the past. Neco Gallon did not report the earlier shootings of
her home. After analysis, it was determined that all of the old bullet strikes were
in some form of repair. The house had one bullet strike that was not attributed to
the past gunfire. This new bullet strike was located in the homes porch support
beam. Witnesses identified the bullet strike in the porch support beam, as a “new”
bullet strike. The police obtained a projectile from the new strike and submitted it
for forensic analysis.

The first responding officers to the scene saw Paige Gallon holding Tashawn
Gallon near the front stairs of 1347 Mt. Herman St. In this same area, there was
significant pooling of blood. Crime scene detectives also found blood on the chain
link fence and in the road going in a southward direction from the home. Police
later learned that Dominique Holcomb, who was on the front yard of the home at
the time of the shooting, was shot in the right hand, but left before police arrived.
Dominique Holcomb’s injury was non-life threatening. Tashawn Gallon was
fatally wounded.

A white cooler was found positioned adjacent to the stairs at 1347 Mt. Herman St.;
blood evidence and cartridge casings were scattered on the ground near the fence.
There were three .40 caliber casings near the cooler and fence2. There were nine
9mm caliber cartridge casings located in the side yard of the residences by the
chain link fence3. There was one bullet strike in a car directly in front of 1347 Mt.
Herman St., which was consistent with gunshots originating from the front yard
of 1347 Mt. Herman St. Officers found six additional 9mm casings and two live
rounds of ammunition in the road leading away from the two houses. Initially it
was believed that the casings found in the street were fired from the SUV.
However, after comparison, the 9mm casings found in the street matched the 9mm
caliber casings fired from the yard of 1347 Herman St. The evidence indicated that
the person firing gunshots from the yard, continued to fire at the suspect SUV as
they moved from the yard into the street.

B. INITIAL EYEWITNESS TESTIMONY

When the lead homicide detective, Michael Gibson, arrived on scene, he was told
that a group of people had been socializing in front of 1347 Mt. Herman St. when
they were shot at by unknown suspects driving by the home in an SUV. Rescue

2
See, Attachment 5
3
See, Attachments 6 and 7

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 had already transported Tashawn Gallon to the hospital, where he was
pronounced deceased. The police knew from the outset that Tashawn Gallon was
shot one time in the head and Dominique Holcomb was shot once in the hand.
What was unknown was who was responsible for the shooting.

Crime scene detectives worked to process the scene. Det. Gibson and other law
enforcement officers interviewed each of the the witnesses separately. Some of the
witnesses were interviewed multiple times. The information obtained from the
interviews is outlined below.

1. Henry Smith, Jr. –“Lil Hen”

On February 18, 2018, about an hour after the shooting, Henry Smith, Jr.
(“Smith”) told the police that he was sitting on the front steps of 1347 Mt.
Herman St. socializing with Neco Brown (Smith’s aunt and the great-
aunt/caretaker of Tashawn Gallon) when a small gray SUV drove slowly
by. The SUV was headed north on Mt. Herman St., with the passenger side
of the SUV closest to the residence. As the SUV drove past, Smith saw a
green beam come from the SUV, followed by shots being fired from the
passenger side of the car. According to Smith, Tashawn Gallon was shot
while playing and hanging on the handrail of the stairs leading into the
home.

Det. Gibson conducted a follow-up interview of Smith in the early morning

hours of February 19, 2018. Before the conversation started, detectives
collected a sample for gunshot residue from Smith’s hands. In the second
interview, Smith told the detectives that he hung out on Mt. Herman St. on
a regular basis because his family lives in the two houses. Smith said that
he did not drink that night, but was smoking marijuana. He maintained
that he was sitting on the porch stairs rather than sitting on the cooler.
Smith’s statement contradicts other witness accounts, which all placed
Smith sitting on the cooler.

Smith said that Tashawn was nearby playing on the stairs handrail, facing
south. Neco Gallon and Bereverlee Wallace were sitting in chairs in the
front yard against the house. Dominique Holcomb was sitting on a chair
near the fence. Just before the shooting, Smith stated that he saw a person

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 named “Slim” at the end of the street. Smith believed that “Slim”4 was
scouting for someone because he went and talked to someone before
disappearing.

Before the shooting, Paige Gallon went between the houses to urinate.
Smith described an SUV driving slowly north and stopping in front of the
house. Smith said that he saw a “green dot” come from a firearm on the
passenger side of the SUV. He could not tell if the shooter was in the front
or back of the passenger side of the vehicle. Smith heard four to six
gunshots fired from the SUV. Smith claimed that he fell on the ground in
front of the stairs. Smith said that he retrieved a .380 caliber firearm5 that
was in a crack of the stairs. Smith admitted to shooting at the SUV one or
two times. He didn’t know if he struck the SUV. Smith described
Dominique Holcomb falling to the ground near him during the shooting.
Smith said he (Smith) was the only one that shot back at the SUV. Smith is
not a convicted felon, but his friend, Dominique Holcomb, and his uncle,
Paige Gallon, are convicted felons. When detectives initially questioned
Smith about the motive behind the shooting, Smith denied having conflicts
with anyone that would shoot at him.

In a subsequent interview in March 2018, Smith changed some critical

details. First, Smith switched the caliber of firearm. Smith admitted that
he used a .40 caliber firearm that was in his waistband to fire back at the
vehicle. Unlike his first statement of shooting a .380, this statement was
consistent with the evidence from the crime scene. Smith stated he started
carrying the .40 caliber firearm about a week before the shooting, because
Silas Ervin threated to kill him. Smith also admitted that Holcomb fired
his gun at the SUV. Smith said that after the shooting, Dominique Holcomb
took both guns and fled the scene. Smith maintained that Paige Gallon did
not shoot a gun. Smith denied knowing whether anyone from the yard ran
into the street and shot at the SUV.

2. Paige Gallon—“PG”
On February 18, 2018, moments after the call to 911, patrol officers

4 The police identified “Slim” as Perthone Lamar. Mr. Lamar stated that at the time of the shooting, he was selling
drugs at Silas Ervin’s trap house. Mr. Lamar denied being on the corner prior to the shooting. Mr. Lamar said he heard
the gunshots at the Mt. Herman St. address. Approximately three to four minutes later, as Mr. Lamar was in the
backyard, Silas Ervin’s trap house was shot. Mr. Lamar did not see who was responsible for the shooting.
5 The police did not find any .380 caliber cartridge casings at the scene.

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 responded to the scene. The patrol officers saw Paige Gallon holding the
fatally injured Tashawn Gallon in his arms near the front stairs of 1347 Mt.
Herman St. Paige Gallon told the patrol officers that he was inside the
residence using the bathroom when he heard gunshots.

Det. Gibson conducted a follow-up interview of Paige Gallon, on February

19, 2018. Paige Gallon told the homicide detectives that he lives next door
with his grandmother, Olean Gallon, and his niece, Devora Bennett, at 1343
Mt. Herman St. Paige Gallon said that they were hanging out in front yard
of Neco Gallon’s house at 1347 Mt. Herman St. the day of the shooting.

Paige Gallon described where the other adults were located in the yard at
the time of the shooting. Bereverlee Wallace and Neco Gallon were sitting
in chairs in the front yard against the house. Dominique Holcomb was
sitting on a chair near the chainlink fence. Paige Gallon claimed he did not
know Henry Smith, Jr.’s location at the time of the shooting. During this
second interview, Paige Gallon admitted to the detectives that he was not
inside of the house at the time of the gunshots. Instead, he said that he was
in between the two houses urinating when he heard about six shots. Paige
Gallon stated that from his position on the side of the house, he could not
see the vehicle. Paige Gallon denied shooting back at the vehicle. After
the shooting, Paige Gallon saw Tashawn Gallon on the ground bleeding.
He picked Tashawn Gallon up and carried him toward the street and
waited for rescue.

Paige Gallon did not describe anyone from the yard shooting back at the
vehicle. Paige Gallon is a convicted felon. He was sentenced to prison after
his conviction for trafficking in heroin. At the conclusion of the interview,
detectives swabbed his hands for the presence of gunshot residue.

3. Dominique Holcomb—“Doughboy”
Detectives contacted Dominique Holcomb (“Holcomb”) at the hospital in
the early morning hours of February 19, 2018. The hospital treated him for
a gunshot wound to his right hand.

Holcomb told detectives that he was at 1347 Mt. Herman St. visiting Henry
Smith Jr. and Paige Gallon. Holcomb said they were in the front yard
socializing, drinking, and smoking marijuana. Holcomb said that he was
sitting in a chair near the chain link fence. He said Neco Gallon, Paige
Gallon, and an unknown female (later identified as Bereverlee Wallace)

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 were sitting in the chairs against the front of the house6. Henry Smith, Jr.
was sitting on a cooler near the stairs. Holcomb did not know where
Tashawn Gallon was before the shooting. Just before the shooting, Paige
Gallon left his chair and went between the two houses.

Holcomb next saw a gray or blue SUV stop in front of the residence.
Holcomb described gunshots coming from the passenger side of the SUV.
Dominique Holcomb took cover on the ground when he heard the shots.
While on the ground, Holcomb realized his right hand had a gunshot
wound. Holcomb said that he flagged down a vehicle for a ride to the
hospital.

Holcomb denied shooting a gun and claimed that he did not see anyone
from the yard shoot at the SUV. The detectives collected a gunshot residue
sample from Holcomb’s hands. Dominique Holcomb was also arrested on
an active warrant for unrelated charges.

On March 5, 2018, detectives recovered a jail phone call from Dominique

Holcomb to Henry Smith, Sr.7 In the call; Holcomb said that a family
friend, Yvette, saw Silas driving the truck. Holcomb also referenced a
previous shooting at the Mt. Herman St. house when he was not there.
Holcomb told Smith that he was shot in the back of the hand, and it came
out of his knuckle. Holcomb’s statement regarding being shot in the back
of the hand was consistent with the gunshots originating from behind him
and from the front yard of 1343 Mt. Herman St.

4. Neco Gallon – “Rel”

On February 19, 2018, in the early morning hours, Det. Gibson interviewed
Neco Gallon. Neco Gallon resides at 1347 Mt. Herman St. with her son,
Keon McCray, and her great-nephew, Tashawn Gallon. Although not his
biological mother, Tashawn Gallon has lived with Neco Gallon for seven
years before his death8.

When the shooting occurred, Neco Gallon was outside of the home
socializing. Neco Gallon said that her son, Keon McCray, and his girlfriend
were inside of the house. Neco Gallon noted that everyone else was out of
the house in various locations in the yard. Paige Gallon and Bereverlee

6 See Attachment 2
7 The father of Henry Smith, Jr.
8 Tashawn Gallon’s mother is Ciera Smith. Ciera Smith is Henry Smith, Jr.’s sister and Neco Gallon’s niece.

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 Wallace were sitting on chairs in the front yard against the front of her
residence. Henry Smith Jr. was seated on a cooler that was positioned just
behind the stairs leading to the house9. Dominique Holcomb was sitting
on a chair near the chain link fence that surrounds her home.

Just before the shooting, Paige Gallon went between the houses to urinate.
At that time, a gray SUV traveled slowly down Mt. Herman St. As the SUV
came to a stop, the windows on the passenger side rolled down, and a
person began shooting at her residence. Neco Gallon could not identify
the person that shot at her house. Neco Gallon denied shooting back at the
SUV. Neco Gallon told the police that only Holcomb returned gunfire at
the SUV. Neco Gallon told the police she didn’t know why anyone would
shoot at her house or the people in the yard.

C. SUSPECT SUV RECOVERED

On February 19, 2018, at 7:55 pm, the police found the suspect gray SUV
abandoned near a fourplex at 2023 West 6th Street. The suspect SUV was a 2013
Acura RDX with a tag that was not assigned to the vehicle. The SUV had been
reported stolen three days before the shooting. The SUV had a bullet strike in the
back of the SUV on the passenger side. It appeared to be a fresh bullet strike, as
there was no rust or pollen around the hole. The police searched for witnesses
who might have any information related to the suspect SUV.

Detectives initially identified one witness who had information related to the
suspect SUV. Detectives interviewed Deonte Graham, who is related to Tashawn
Gallon. Graham stated that he saw the suspect SUV park near his father’s
apartment, which was located approximately two miles away from the Mt.
Herman St. shooting scene. He saw two black males get out and leave in another
vehicle. The police searched for video of the area where the SUV was abandoned.
There was no video surveillance of the area.

The crime scene unit photographed the SUV and processed it for forensic
evidence. The police found a clear plastic bag on the front passenger floorboard.
The bag was processed for fingerprints. The police found two latent prints on a
plastic bag that belong to Kevin Lamont Norman. Based on the investigation, no
evidence has been found to connect Kevin Lamont Norman to the shooting on Mt.
Herman St.

9 See attachments 3 and 4

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 D. MEDICAL EVIDENCE
Dr. Gillespie performed the autopsy of Tashawn Gallon. He found a single
gunshot wound to the back of Tashawn Gallon’s head. Dr. Gillespie noted that
there was no soot, stippling, or muzzle impression on the injury. The lack of that
evidence indicates that the gunshot was fired at some distance from Tashawn
Gallon and was not a “contact” gunshot wound. The bullet entered Gallon’s head
on the left side of his head and exited at an upward diagonal angle from the right
side. During the autopsy, the doctor recovered six bullet fragments. The
fragments were forwarded to the Florida Department of Law Enforcement for
analysis and comparison. In the anatomic position, the doctor found that the
wound path direction was left to right, back to front, and at an upward angle. Dr.
Gillespie opined that the cause of death was a perforating gunshot wound of the
head. He found that the manner of death was homicide.

E. DNA EVIDENCE
The detectives submitted DNA standard samples taken from individuals present
at the scene of the shooting, together with samples taken from evidence obtained
from the crime scene, to DNA Labs International, a private DNA laboratory in
South Florida. The laboratory analyzed the .40 caliber cartridge casings for the
presence of “touch”10 DNA. The DNA expert found that the .40 caliber cartridge
casings contained a DNA mixture from two individuals. The DNA expert found
Dominique Holcomb’s DNA on the .40 caliber cartridge casings. The DNA expert
found very strong support that Dominique Holcomb and another unknown
person contributed to the DNA mixture found on the cartridge casings.

F. FIREARM EVIDENCE
Although the police conducted a thorough search of the area, the police did not
recover any of the firearms used in this incident. Despite no firearms being
recovered, the Florida Department of Law Enforcement firearms expert was able
to conclude from the cartridge casings found at the crime scene that there were
three separate firearms used in the shooting. Two of the firearms were 9mm
caliber, and the third gun was a .40 caliber firearm.

The FDLE firearms expert opined that the casings established that the first 9mm
firearm was a 9mm Glock. The analyst concluded that the 9mm Glock was
responsible for 14 of the shell casings found in the yard and the street leading away
from the residences. The projectile recovered from the suspect SUV was analyzed

10 The term “touch” DNA refers to looking for epithelial or skin cells that are invisible to the naked eye.

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 and also showed that it was fired from a 9mm Glock. Thus, it was forensically
established, that the person carrying the 9mm Glock originally began firing in the
yard, and then continued to fire at the suspect SUV as they moved from the yard
to the road.

The firearms expert determined that the second 9mm firearm was a Smith &
Wesson M&P series firearm. This was determined after the firearms expert
matched three of the 9mm casings recovered near the fence on Mt. Herman St. as
being fired from a 9mm Smith & Wesson M&P series firearm. Both of these casings
were recovered near the area where Dominique Holcomb’s blood was found on
the fence.

The firearms expert determined that the third firearm was a .40 caliber Smith &
Wesson. The expert matched the three casings recovered near the cooler as being
fired from a single .40 caliber Smith & Wesson firearm. These three casings were
recovered in the side yard of Mt. Herman St. in the immediate area where Henry
Smith, Jr. was seated on the cooler.

The firearms expert also examined the projectiles that were removed from the
scene and submitted by the detectives for analysis. There was only one projectile
that did not correspond to the three firearms fired by Gallon, Holcomb, and Smith
Jr. This potential suspect projectile was recovered from the front porch support
beam at 1347 Mt. Herman St.

The examination revealed that the projectile recovered from the front porch
support beam was a .40 caliber class projectile, but the markings were too poor to
compare to the other .40 caliber projectiles submitted. The firearms expert was
able to determine that it was a solid copper design, consistent with cartridges
manufactured by Liberty Civil Defense. This finding would indicate that this
projectile came from a different manufacterer than any of the other .40 caliber
projectile casings recovered from the scene. Further, the location of this .40 caliber
projectile in the front porch support beam is completely inconsistent with being
fired from the front yard of the 1347 Mt. Herman St. home. This forensic evidence
corroborates the witness testimony that a gunshot was fired from the supsect SUV
in the direction of the Gallon residence.

One of the most significant findings of the firearms expert was his analysis of the
projectile fragments recovered from Tashawn Gallon’s head injury during the
autopsy. The firearms expert opined that one of the projectile fragments recovered
from Tashawn Gallon’s autopsy had similar class characteristics to the .40 caliber

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 Smith & Wesson firearm used by Henry Smith Jr. The firearms expert eliminated
the two 9mm firearms as being responsible for the projectile fragments recovered
from Tashawn Gallon during the autopsy.

G. GUNSHOT RESIDUE EVIDENCE

The detectives submitted the gunshot residue tests from Dominique Holcomb,
Henry Smith, Jr., and Paige Gallon for analysis. The interior of the gray suspect
SUV was also processed for the presence of gunshot residue. All of the samples
were submitted to an expert with the RJ Group. The expert found that Dominique
Holcomb, Henry Smith, Jr., and Paige Gallon’s hands were positive for gunshot
residue. The passenger side of the suspect SUV also tested positive for gunshot
residue.

H. EYEWITNESS RE-INTERVIEWS
After all of the evidence was forensically examined, all of the key witnesses were
served with subpoena’s compelling their attendance for further interviews. The
re-interviews were conducted with the key witnesses in order to clarify the eye-
witness accounts in light of the forensic evidence revealing that a person from the
Gallon family was responsible for the firearm casings found in the roadway, as
opposed to having been fired from the suspect SUV. The re-interviews were also
extremely important in light of the information obtained during the investigation
that Henry Smith, Jr., had inadvertently shot Tashawn Gallon.

In order to obtain the complete details regarding Dominique Holcomb and Paige
Gallon’s involvement in returning fire at the suspect SUV, a strategic decision was
made to serve investigative subpoenas11 on Dominique Holcomb and Paige
Gallon. Henry Smith, Jr. was not a convicted felon at the time of the shooting.
Each witness was interviewed separately.

1. Keon McCray
Keon McCray lives with his mother, Neco Gallon, and Tashawn Gallon at
1347 Mt. Herman St. Detectives showed McCray a picture of the front
porch of the house. McCray confirmed that all of the bullet strikes on the
house were old, except the bullet strike on the porch support beam. Keon
McCray said that he was inside the house with his girlfriend, Tah Lively,
playing a video game at the time of the shooting. Keon McCray’s girlfriend

11
Both Dominique Holcomb and Paige Gallon are convicted felons. Under the law, by serving investigative subpoenas
on Dominique Holcomb and Paige Gallon, both received use and derivative use immunity for the crime of possession
of a firearm by convicted felon.

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 confirmed that he was in the bedroom at the time of the shooting. After
the shooting, Keon McCray went to the front door and saw Dominique
Holcomb in the road shaking his hand. Neco Gallon told Keon McCray
that Tashawn Gallon was shot.

2. Neco Gallon – “Rel”

Neco Gallon lives at 1347 Mt. Herman St. with Tashawn Gallon and Keon
McCray. Neco Gallon confirmed that her house has been shot at several
times in the past three to five years. Neco Gallon said that in the last
shooting, she was inside the house with Tashawn Gallon. In the past, Neco
Gallon did not call the police because no one was hurt. Detective Gibson
showed Neco Gallon a photograph of the front of her residence. She said
all of the bullet strikes were old, except the one on the front porch support
beam.

Neco Gallon said that her house is a common place for people to socialize.
On the night of the shooting, she confirmed the location of people in the
front yard right before the shooting. Neco Gallon said her son, Keon
McCray, was inside the house at the time of the shooting. Neco Gallon said
she saw the suspect SUV drive slowly down Mt. Herman St. and then stop
in front of her house. Neco Gallon said that the front passenger window
rolled down and she saw a green beam coming from the vehicle. Neco
Gallon said that several gunshots came from the passenger side of the SUV.
When the shooting started, Neco Gallon said that Tashawn ran away from
her and toward Henry Smith, Jr., near the handrail on the porch steps.
Neco Gallon said that Henry Smith Jr. shot back at the SUV. Neco Gallon
denied seeing anyone else shoot back at the SUV.

3. Henry Smith, Jr.—“Lil Hen”

This was the fourth interview of Henry Smith, Jr. During this interview,
Henry Smith, Jr. finally admitted he was seated on the cooler near the
handrail where Tashawn Gallon was shot and killed. Henry Smith, Jr.
stated that Tashawn Gallon was in front of him near the porch. Smith said
that after he saw a green beam and someone begin shooting from the
suspect SUV, he fired a .40 caliber Smith & Wesson firearm while he was
seated on the cooler. Smith estimated that he shot two or three times.
Smith said that Holcomb also shot at the SUV.

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 4. Dominique Holcomb—“Doughboy”
Holcomb confirmed that he was outside in the chair close to the fence.
Holcomb said that Paige Gallon, Tashawn Gallon, and Henry Smith, Jr.
were positioned behind him at the time of the shooting. Holcomb claimed
that he was asleep, and he woke up to gunfire. Holcomb said that he heard
approximately eight gunshots. Holcomb admitted that he fired his 9mm
Smith & Wesson M&P handgun at the SUV. Holcomb denied going into
the street to shoot at the SUV. The forensic evidence confirms that his
firearm was not fired in the road.

5. Paige Gallon—“PG”
Paige Gallon confirmed that at the time of the shooting, he was standing in
between the two houses urinating. He said he saw Tashawn Gallon flip
and fall to the ground. Paige Gallon admitted he shot at the SUV, and he
ran into the street and continued to fire at the SUV. Paige Gallon said that
he was shooting a 9mm Glock handgun. The forensic evidence supports
his final statements to the police.

III. BACKGROUND
Drive-by shootings do not just occur. It is common knowledge that disputes precipitate
the commission of drive-by shootings. In this case, three murders preceded the shooting
of Tashawn Gallon, which factor into the state of mind and subsequent actions of the
shooters from the yard. The three homicides remain unsolved. However, the shooters
from the yard believe that Silas Ervin, or a member of his group, is responsible for one of
the killings. Vice versa, Silas Ervin and his group believe that a member of the Gallon
family is responsible for the murder of a person from his group. The relevant murders are
detailed below.

A. RELATED HOMICIDES12
On February 22, 2018, Silas Ervin (“Ervin”) was interviewed twice. Ervin initiated
the first interview by approaching a detective that was interviewing his mother
and said that he wanted to talk about “everything.” Ervin admitted that he is a
drug dealer in the neighborhood. Ervin said that his “trap house”13 was shot
immediately following the killing of Tashawn Gallon. Ervin told the detective
about the background of the shootings. Ervin explained that he was friends with

12
See, Attachment 8
13 A “trap house” is a phrase used to describe a house where drugs are sold.

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 Henry Smith, Jr., Malik Gallon, Keon McCray, and others related to the Gallon
family. Ervin claimed that they became jealous of the money he was making
selling drugs. He said they stopped hanging out with him after the shooting of
Telvin “Zoe Black” Kennedy.

Telvin “Zoe Black” Kennedy and Henry Smith, Jr. were friends. On November 3,
2017, Telvin Kennedy and Henry Smith, Jr. were both shot near Barnett Street
while they were in the front yard of Teejay Barner’s house. Smith survived his
injuries. Kennedy was fatally wounded. According to the police, Smith was
uncooperative in the investigation. However, many witnesses confirmed that the
shooting was over drug territory. Ervin acknowledged that he knew of the rumors
blaming him for the murder of Kennedy. According to Ervin, Vetta Muller was
also being blamed for Kennedy’s murder because she supposedly funded the “hit”
on Kennedy. Ervin also claimed that Teejay Barner put a “hit” out on Ervin and
offered to pay someone $10,000 to kill him. On January 30, 2018, Vetta Muller was
murdered.

Ervin denied any involvement in the shooting of Tashawn Gallon. Detectives

presented Ervin with a picture of the suspect SUV. Ervin admitted to seeing the
vehicle before in the neighborhood. Ervin stated that the car belonged to a person
that smoked crack. Ervin admitted to sitting in the front passenger seat, prior to
the day of the shooting, to trade crack for stolen meat with a person named
“Mike.” Ervin presented detectives with an alibi for the time of the shooting. Ervin
claimed he was at his trap house at the time of shooting, but he left before his trap
house was targeted. Phillip Gardner and Perthone Lemar confirmed that Ervin
was at the trap house at the time of the shooting on Mt. Herman St. Ervin said that
after leaving he went to pick up his girlfriend, Etrice Inman. Inman confirmed that
Ervin picked her up and went to the store. Detectives also obtained video
surveillance at the Family Dollar that supported their account.

Even though he denied involvement, Ervin said that Dominique Holcomb was the
target of the shooting on Mt. Herman St., which was in retaliation for the murder
of Vetta Muller. Ervin said that his mother’s house was shot shortly after the Mt.
Herman St. shooting because it was known that he lives there, and they are
blaming him for Tashawn Gallon’s homicide. Ervin said that he was not at his
mother’s home when it was shot. Instead, he was with his girlfriend, Etrice Inman.
Inman confirmed that he was with her at the time that his mother’s house was
shot.

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 A confidential witness confirmed that there is an on-going dispute between Ervin
and Holcomb. The witness said that Ervin blamed Holcomb for the murder of one
of his drug associates/friend Vetta Muller. The witness said that Ervin would
regularly talk about the murder of Muller and about killing Holcomb. The
confidential witness said that Holcomb is known to associate with Henry Smith,
Jr.

The police interviewed Henry Smith, Sr. He confirmed that there was an on-going
dispute between his son, Henry Smith, Jr., and Ervin. Smith, Sr. told detectives
that approximately one week before Tashawn Gallon was shot, a man told him
that Ervin was in a gray Dodge Charger with other armed men looking for his son.

B. RELATED SHOOTINGS
After the shooting of Tashawn Gallon, there were two associated shootings
believed to be in retaliation for Tashawn’s death.

1. Shooting of Silas Ervin’s trap house (657 West 6th Street)

Silas Ervin operated a trap house at 657 West 6th St., near Mt. Herman St.
Approximately four minutes after the shooting at Mt. Herman St., Ervin’s
trap house was shot multiple times by an unknown suspect. Perthone
“Slim” Lamar stated that he was in the backyard of the trap house at the
time of the shooting. Lamar did not see who shot at the residence. Lamar
reported that just before the shooting, Ervin and Rodarius Swain picked
up money and left the house.

Detectives interviewed Rodarius Swain. Swain told detectives that he was

at the trap house visiting Perthone “Slim” Lamar. While in the back of the
house, he heard gunshots in the distance. Minutes later, Swain said the
trap house was shot multiple times. During the incident, the suspects shot
Swain’s car. Unlike Lamar’s account, Swain denied seeing Ervin or his
brother, Andre Swain, around at the time of the shooting of Ervin’s trap
house.

Police found an additional witness Phillip “Pops” Gardner. Gardner said

that he was walking toward Ervin’s trap house. Before he made it to the
trap house, he saw Ervin leaving with “Dro.”14 Gardner saw Ervin and Dro
drive away from Mt. Herman St. Shortly after they left, Gardner heard
gunshots in the area of Mt. Herman St. Moments later, Gardner saw a

14
Dro is a nickname for Andre Swain, Rodarius Swain’s brother.

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 green Ford Explorer or Expedition drive by Ervin’s trap house. Gardner
said the front seat passenger fired a handgun at the trap house multiple
times. Gardner said that the passenger who was shooting looked like
Malik Gallon. However, there is no other credible information to
corroborate Gardner’s statement.

2. Shooting of Silas Ervin’s mother’s house (1837 Bisbee Street)

A little over an hour after the shooting of Tashawn Gallon, unknown
suspects shot multiple times at Ervin’s mother’s home with a rifle. Ervin’s
mother was inside alone at the time of the shooting. She was not injured.
Police recovered casings from the scene fired from an assault rifle. No
witnesses or video surveillance were obtained. Later, the homicide
detectives interviewed Ervin’s mother. She stated she is in a wheelchair
and did not see anything. When she heard the gunshots, she fell on the
floor, and by the time she got up, there was no one outside. She confirmed
that Ervin was not home at the time of the shooting.

The police submitted the firearm casings from the shooting of Silas Ervin’s
mother’s house for further testing and comparison. The firearm casings
matched an unsolved shootout which involved Keon McCray and Malik
Gallon.

IV. OCCUPANTS OF THE STOLEN SUV

A. INVESTIGATION
The evidence is unclear about who were the actual occupants of the suspect SUV.
In the investigation, detectives looked at Silas Ervin and Patrick “Junky Jit”
Washington as potential suspects and occupants of the SUV at the time of the
shooting. When detectives asked them about the suspect SUV, both Ervin and
Patrick “Junky Jit” Washington denied being in the car at the time of the shooting
of Tashawn Gallon. During the interview of Ervin, detectives showed him a
picture of the suspect SUV. Ervin said he recognized the SUV from Myrtle
Avenue. He stated that he has seen the suspect SUV for the last two or three weeks
in that area of town. Ervin admitted to sitting in the passenger seat of the car prior
to the day of the shooting, but he maintained he was not in the car on February 18,
2018.

Detectives interviewed Joseph Westpoint who observed two people abandon the

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 suspect SUV at 2021 West 6th St., after the shooting. Westpoint saw an African
American male and female park a 2013 Acura SUV at the fourplex located at 2023
West 6th St. on February 19, 2018. Westpoint saw the male and female exit the
suspect SUV and enter a dark-colored car that was waiting on them. Westpoint
could not provide a detailed description of the male and female. His report was a
general one, and he maintained that he could not identify the people abandoning
the SUV.

B. MURDER OF SILAS ERVIN

On April 1, 2018, Silas Ervin and his girlfriend, Etrice Inman, were murdered at an
outdoor block party. To date, the murders of Silas Ervin and Etrice Inman remain
unsolved.

V. JUSTIFIABLE USE OF DEADLY FORCE

A. THE LAW
Under Florida law, it is a complete defense to the crime of murder or attempted
murder if a person was acting in self-defense. Self-defense is legally defined as the
justifiable use of deadly force. The justifiable use of deadly force is governed by
Florida Statutes Chapter 776. Deadly force is described as force likely to cause
death or great bodily harm. According to Florida Statute § 776.012, the use of
deadly force is justifiable if the defendant reasonably believed that the force was
necessary to prevent imminent death or great bodily harm to himself while
resisting another’s attempting to murder him or another person. The law provides
that the person using deadly force has no duty to retreat and has the right to stand
his ground. In determining whether a person’s actions were justified, one must
consider the circumstances by which the person was surrounded at the time the
force was used. Moreover, the danger facing the person need not have been actual.
However, to justify the use of deadly force, the appearance of the danger must
have been so real that a reasonably cautious and prudent person under the same
circumstances would have believed that the danger could be avoided only through
the use of that force. Based upon the appearances, the person must have actually
believed that the danger was real and has no duty to retreat.15

The state of mind of the person using the deadly force is a critical component of
the law. Prior threats should be considered according to Florida law. The Florida

15 See, Florida Standard Jury Instruction 3.6 (f).

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 Standard Jury Instructions state that if a jury finds that the person using deadly
force, who because of threats or prior difficulties, had reasonable grounds to
believe that he was in danger of death or great bodily harm at the hands of the
other person, then the jury can use that information in determining if the person’s
actions were those of a reasonable person.16

Florida Statute § 776.032, states in pertinent part that a person who uses or
threatens to use force as permitted in § 776.012,17 § 776.013,18 and § 776.03119 is
justified in such conduct and is immune from criminal prosecution. This section
defines “criminal prosecution” as arresting, detaining in custody, and charging or
prosecuting the defendant.

B. LEGAL ANALYSIS

1. Paige Gallon—“PG”
The law dictates that one must consider the circumstances surrounding the
person at the time the deadly force was used or threatened to be used. At
the time of the shooting, Paige Gallon was in between the two houses.
According to his account, Paige Gallon only heard the gunshots and then
responded by pulling out his weapon and firing back at the suspect SUV.
Paige Gallon shot eight times in between the two houses. It is reasonable
that at the time Paige Gallon fired his handgun that he was in fear of
imminent death or great bodily harm to himself or another. Paige Gallon
told police that he saw Tashawn Gallon flip and fall to the ground. Paige
Gallon would be immune from prosecution for the gunshots he fired from
the yard of 1343 Mt. Herman St.

The decision was made prior to the re-interviews to give Paige Gallon use
and derivative immunity20 for information surrounding the facts and

16 See, Florida Standard Jury Instruction 3.6 (f).

17 Florida Statue 776.012--Use or threatened use of force in defense of person
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or
threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or
another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly
force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground
if the person using or threatening to use the deadly force is not engaged in criminal activity and is in a place where
he or she has a right to be.
18 Florida Statute 776.013—Home Protection; Use or threatened use of deadly force; presumption of fear of death or

great bodily harm

19 Florida Statute 776.031—Use or Threatened use of force in defense of property.

20
Use and derivative use immunity prevents law enforcement or the prosecution from using the statements against
the witness or any evidence derived from those statements in a subsequent criminal prosecution.

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 circumstances of the death of Tashawn Gallon. One of the main factors in
giving Paige Gallon immunity from prosecution was the lack of available
evidence to support a criminal prosecution. None of the witnesses prior to
the second interviews would implicate Paige Gallon as a shooter. The
police were also never able to recover any firearms to link to the shooting
of the suspect SUV. In addition, no one claims to have been an occupant
of the suspect vehicle. That is a critical fact because both the crimes of
Shooting or Throwing Deadly Missiles21 and attempted murder in the
second degree22 require danger to a person. Prior to the re-interviews, the
police attempted to establish who was in the suspect SUV at the time of
shooting. However, there was no independent or competent evidence to
say who was in the suspect SUV at the time of the shooting. Therefore,
there is no reasonable probability of conviction for either crime without
witnesses to support the forensic findings by FDLE.

2. Dominique Holcomb—“Doughboy”
Again, prior to the re-interview of Holcomb, it was decided to issue an
investigative subpoena and command Holcomb’s appearance to speak the
truth regarding the death of Tashawn Gallon. In deciding to issue
Dominique Holcomb the subpoena, it was determined that the cases
against Holcomb lacked sufficient evidence to support a prosecution. The
police were never able to find the firearm to compare to the casings that
were found near where Dominque Holcomb was seated. Ultimately, the
extreme importance of obtaining the true facts and circumstances
surrounding the death of Tashawn Gallon, outweighed pursuing a
criminal case which based on the available evidence, were insufficient to
support a criminal prosecution.

Dominique Holcomb had a contentious relationship with Silas Ervin due

to continued rumors and the on-going disputes related to unsolved
homicides. Holcomb described that just before the shooting, the suspect
SUV was seen driving slowly and then stopped in front of the house.
Holcomb said that he dove to the ground for protection and then he shot
his firearm two or three times. Forensically, the evidence shows that three
9mm casings were likely fired from Holcomb’s 9mm Smith and Wesson
M&P firearm. Holcomb only fired from the front yard of 1347 Mt. Herman

21 Florida Statutes s. 790.19

22 Florida Statutes s. 782.04 (2) and 777.04(1)

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 St. Blood evidence on the chain link fence confirms that Holcomb was near
the fence when he was shot and injured. Most likely, Holcomb was injured
by one of Paige Gallon’s shots, who was positioned behind Holcomb while
firing his gun. According to Holcomb, the bullet entered the back of his
right hand and exited through his knuckle. Holcomb would also be
immune from prosecution for the gunshots he fired from the front yard,
based on the law governing justifiable use of deadly force.

3. Henry Smith, Jr.—“Lil Hen”

Henry Smith, Jr. also had a contentious relationship with Silas Ervin. He
reported that he started carrying the .40 caliber firearm because Ervin
threatened to kill him. Smith Jr. said that just before the shooting he was
seated in the yard on a cooler. Smith Jr. saw the suspect SUV drive slowly
down the street, and a green beam from a firearm came out of the
passenger side of the vehicle. Shortly thereafter, shots were fired from the
passenger side of the SUV. Smith Jr. fired three times from the cooler in
the side yard. Inadvertently, Tashawn Gallon was struck by one of Smith
Jr.’s gunshots. Here, the appearance of danger was real, and the use of
deadly force was reasonable and necessary to prevent death or great bodily
harm to himself or others. Under these circumstances, Smith Jr. would be
immune from prosecution because the deadly force he used was
reasonable under the circumstances.

VI. CONCLUSION
In final review, the Gallon family and friends were on their property socializing. Each of
the witnesses told the detectives that the SUV drove slowly and stopped in front of the
house 1347 Mt. Herman St. The witnesses said that the passenger of the SUV rolled down
the window and fired a gun at or near the residence. Even though the witnesses originally
lied about who shot back at the SUV, they have always been consistent that no one from
the front yard fired at the SUV until after they perceived their lives to be in danger. The
physical evidence supports the assertion that Henry Smith, Jr., Dominique Holcomb, and
Paige Gallon fired their guns at a real and present danger emanating from the suspect
SUV. Arguably, Paige Gallon may have continued to shoot at the SUV after the danger
had passed. However, because no one has ever admitted to being an occupant of the SUV
at the time of the shooting, there is no identifiable occupant of the suspect SUV. Under
these circumstances, there is insufficient evidence to support a successful prosecution.

As prosecutors, we are governed by Florida law. Tashawn Gallon was inadvertently shot

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 and killed by his uncle, Henry Smith, Jr. At the time of the shooting, Henry Smith, Jr. can
articulate a compelling and persuasive claim of self-defense and the defense of others.
The State of Florida cannot disprove his claim of self-defense beyond a reasonable doubt.
Thus, the death of Tashawn Gallon is a tragic and unintentional by-product of the law
governing the justifiable use of deadly force. No criminal charges will be filed in this case.

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Attachment 1: Overall Diagram of the
Scene

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Attachment 2: Photograph of the Chairs
in front of 1347 Mt. Herman St.

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Attachment 3: Photograph of 1347 Mt.
Herman St.

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Attachment 4: Photograph of the Cooler

9mm Casings

Tashawn Gallon’s
Blood .40 caliber casing

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Attachment 5: Diagram of Henry Smith Jr.
Firearm Evidence (.40 caliber S&W)

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Attachment 6: Diagram of Paige Gallon’s
Firearm Evidence (9mm Glock)

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Attachment 7: Diagram of Dominique
Holcomb’s Firearm Evidence (9mm
M&P)

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Attachment 8: Map of Related Shootings

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