OFFICE OF THE STATE ATTORNEY

SIXTH JUDICIAL CIRCUIT OF FLORIDA

PASCO AND PINELLAS COUNTIES
BRUCE B A R T L E T T - - - - - - - - - - - - - - - - - - - - - - - - - - -
State Attorney
November 14, 2022

Chief Anthony Holloway

St. Petersburg Police Department
13011 51 Avenue North
St. Petersburg, Florida 33705

Re: Shooting incident resulting in the death of Cody Kiley on September 12, 2022,
at 4533 20th Avenue North, St. Petersburg, Pinellas County, Florida

Dear Chief Holloway:

Pursuant to notification by the Pinellas County Use of Deadly Force Investigative Task Force at
approximately 4:03 a.m. that an officer related shooting resulting in death had occurred at the above
location, we have conducted an investigation, the details of which are described below.

Representatives of this Office responded to the scene at approximately 5:10 a.m. and after a
scene briefing by members of the Deadly Force Investigative Task Force and the Officer involved in the
shooting, proceeded to the St . Petersburg Police Department where sworn testimony was taken from
the following witnesses:

1. Officer David Ramsey

2. Officer Kimberly Sanchez
3. Officer Carlos Bonilla
4. Officer James Demaria
5. Sergeant Micheal Acri
6. Jill Kiley
7. K-9 Officer Stephen York

In addition, we have reviewed departmental transmissions, photographs, body worn camera

footage, and 911 call, reports of St. Petersburg Police Department and the Deadly Force Investigative
Task Force . We have reviewed the Autopsy Report prepared by District Six Medical Examiner, Jon
Thogmartin, M .D. We have also reviewed the toxicology report prepared by the Pinellas County
Forensic Lab and NMS Labs and consulted with the director of The Pinellas County Laboratory

Based on our investigation, we have determined the facts to be as follows:

On September 12, 2022, at approximately 3:00 a.m ., Jill Kiley was awakened to a commotion in
her four-year-old granddaughter's bedroom. She discovered her adult son Cody Kiley in the room
cursing and screaming and breaking objects. Ms. Kiley took her granddaughter into Ms. Kiley's room .
Cody Kiley followed, screaming, and then put a firearm to her head . Jill Kiley, in fear for her life, grabbed

Post Office Box 17500, Clearwater, Florida 33762-0500 Telephone (727) 464-6221
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her granddaughter and went into the bathroom, locked the door, and called 911 at approximately 3:07
a.m.

St. Petersburg Police Officers responded to the call, arriving on scene at approximately 3:11 a.m.
They were told that the assailant was armed and ind icated that the victim, who was still locked in the
bathroom, did not know if Cody Kiley was still in the house or not, but did indicate she had not heard
any no ise .

Officer David Ramsey and Officer Carlos Bonilla, with their guns drawn, approached the gate to
the privacy fence on the west side of the house . Office r Ramsey opened the gate to check the backyard
area of the property. Once the gate was opened, he observed Cody Kiley on the west side of the house,
between the house and the fence, holding what appeared to be a gun in his hand .

Officer Ramsey directed Kiley to show his hands, but Kiley did not comply. Instead, Kiley
cont inued to walk around to the back yard, out of Officer Ramsey's line of vision. As Officer Ramsey
continued on, he again saw Kiley and could clearly see that he was holding a firearm in his left hand .
Both Officer Ramsey and Officer Bonilla commanded Kiley to show and put up his hands. Officer
Ramsey also commanded to drop the gun .

Officer James Demaria, who had also been dispatched to the residence, saw Kiley when the gate
was opened. He heard the officers' commands and saw Kiley' s failure to comply. K-9 Officer Stephen
York, who also responded but stayed back, moved forward with his K-9 Loki. As Officer York
approached, he also heard the officers' commands to drop the gun . Officer York continued to move
rapidly forward and observed Kiley with the firearm . Officer York drew his gun and illuminated Kiley
with his flashlight. He identified himself and commanded Kiley to drop the gun. Having no response,
Officer York released his K-9 Loki who attacked Kiley's ankle with no apparent effect to Kiley. Loki then
jumped to Kiley' s chest area . Kiley, still holding the gun, turned towards Officer York at which time
Officer York, believing Cody Kiley was going to shoot him or the other officers, fired his weapon at Kiley,
striking him five times, which resulted in his death . Once it was determined Kiley was no longer a
threat, Officer Demaria rendered CPR . Officer Demaria also observed Kiley's firearm near Kiley's hand
and Demaria's knee . The weapon had the safety on and was loaded only with one live round in the
chamber.

An autopsy of Cody Kiley was conducted on September 12, 2022, by District Six Med ical
Examiner, Jon Thogmartin, M .D. Dr. Thogmartin determined the cause of death to be multiple (5)
gunshot wounds. Toxicology reports prepared in conjunction with the autopsy revealed that Kiley had
an alcohol level of .196 vitreous (.305 chest blood) . In addition, he had a high THC content of 30 ng/ml.

Jill Kiley, when interviewed later, indicated that in the days preceding the shooting she had
noticed her son acting strangely. She stated that a few nights before the shooting, Cody Kiley took her
firearm from her nightstand and made suicidal statements. He also complained of living in pain due to
previous injuries sustained in a motor vehicle crash . Jill Kiley was able to talk him down to where he
apologized, and she recovered her firearm . Concerned, Jill Kiley removed the firearm from the home
and put it in her vehicle . She believes Cody Kiley heard her tell her mother that she had hidden the
firearm in her vehicle, and Kiley got it.
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She also indicated that on Saturday, September 10, 2022, Cody Kiley began acting weird and
made several bizarre statements to the effect, "The earth isn't round" and that Jill Kiley "wasn't human
anymore because she had gotten the Covid vaccine". Jill Kiley also indicated that on the night of the
incident, Cody Kiley had fired one gunshot into the wall of her bedroom .

As part of the shooting investigation, Cody Kiley's phone was subsequently examined. On a
September 10, 2022, chat message, Kiley states he had been sober for two years and relapsed . He stated
he is on the verge of suicide. Kiley also refers to negative voice(s) in his head .

As a result of the investigation conducted by my Office, I have determined that Officer Stephen
York was in the lawful performance of his legal duties while he was attempting to apprehend Cody Kiley.
Cody Kiley's actions of pushing the firearm into his mother's head, and discharging the firearm inside the
residence, constituted the forceable felonies of Aggravated Battery and Aggravated Assault, as well as
the felony of Shooting in an Occupied Dwelling. Officer York had reason to believe that Cody Kiley posed
a threat of death or great bodily harm to him, and other officers present, when he turned towards them,
armed with a firearm, having refused repeated commands to drop the weapon.

Therefore, it is the conclusion of the State Attorney's Office, that the death of Cody Kiley was
the result of having been shot by Officer Stephen York, who was in the lawful performance of his legal
duty, and that the shooting was Justifiable Homicide, pursuant to 776.012 and 776.05, Florida Statutes.

This letter may be released to the news media or utilized for any other official purpose .

Kind Regards,

~I~
State Attorney

BB : KD/cr