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CLEARED: State Attorney says police use-of-force in Dunbar shooting is justified

Sister told 911 her brother had a gun, but no gun was ever found. The local NAACP chapter now vows to file a civil rights complaint with the U.S. Department of Justice.
Christopher Jordan Amira Fox.JPG
Posted at 8:28 PM, May 16, 2024

FORT MYERS, Fla. — In Fort Myers, the local NAACP is now vowing to turn to the federal government to challenge the decision that the fatal police shooting of an African American man in Dunbar was justified.

It happened after his own sister called 911 for help back in December.

And on Thursday, FOX 4's Victoria Scott was at the courthouse downtown to hear State Attorney Amira Fox explain why her office cleared the shooter.

It was a decision that left the head of the local NAACP deeply disappointed.

"This should've gone to a grand jury. Now, we have filed a federal civil rights complaint with the Department of Justice," NAACP Branch President James Muwakkil told FOX 4.

Back on December 1, 2023, Fort Myers police responded to a 9-1-1 call when a woman reported her brother was threatening her with a firearm.

Police say they spent time trying to convince Christopher Jordan to come out of the house, but he refused.

At some point, police say Detective James Marcella thought he saw a gun and fired his rifle, and Jordan was dead.

Five months later, State Attorney Amira Fox cleared the detective.

"The totality of the evidence supports the conclusion that Detective Marcella's belief that the use of deadly force to prevent imminent death or great bodily harm was reasonable," State Attorney Fox said.

Evidence that included this detail the state attorney shared:

“Interviews of officers on-scene and radio transmissions revealed that Christopher Jordan was playing sounds of automatic rifle fire and making statements to shoot him."

State Attorney Amira Fox

One thing the evidence did not include: FDLE never found a gun in Jordan's possession.

It’s a fact that has been central to the NAACP's argument to hold police accountable.

"You can't say that he had no gun, but the officer's cleared. What are you talking about," said Muwakkil.

But there’s another problem in this case, and we already mentioned it: when Jordan’s own sister called police, she told them her brother had a gun.

“These allegations instructed law enforcement on how to proceed. Miss Jordan has no credibility," said State Attorney Fox.

What Jordan and his sister do have, is a history.

A FOX 4 public records request in January revealed 38 911 calls were made from the family's address dating back to 2021. Breach of peace was the most frequent call.

Thursday night, Fort Myers Police Chief Jason Fields issued a video message on social media, which included the comment: "Any loss of life is a tragedy. Our hearts go out to the Jordan family."

But none of it seemed to change the stance of the NAACP branch president.

"A racist decision made…not based on justice…but based on racism," Muwakkil said.