Fort Myers police detective cleared in shooting death of city resident Christopher Jordan

A Fort Myers Police Department detective has been cleared after a State Attorney's Office probe concluded his shooting and killing of a Fort Myers man was "justified."

State Attorney Amira Fox on Thursday afternoon said the detective James Moschella fired in self-defense after police responded when Christopher Jordan's sister, Cynthia Jordan, claimed her brother had a firearm and threatened to harm her and others.

Fox said investigators found Christopher Jordan didn't have a gun and that Cynthia Jordan had lied.

But she said Moschella reported Christopher Jordan had "pointed a black handgun" toward officers and the State Attorney's Office review of the case concluded: "Detective James Moschella fired his weapon because he reasonably believed it was necessary to prevent imminent death or great bodily harm..."

Fox said before Moschella was cleared her office reviewed the 911 call from the sister, radio logs, computer-aided dispatch notes, body-worn camera footage, officer interviews, civilian witness interviews, crime scene photographs and reports.

Shortly after 8:15 p.m. Dec. 1, Fort Myers police received a 911 call from Cynthia Jordan, who reported her brother, Christopher Jordan, 58, threatened her with a firearm inside her residence.

Several officers arrived before 8:30 p.m.

Fox said Cynthia Jordan and three unidentified men were in front of the home, adding that Cynthia Jordan yelled, "He's inside ... he threatened me inside."

Fox reported Cynthia Jordan told officers Christopher Jordan was intoxicated in a bedroom inside the home with a firearm. Two of the three men reported Christopher Jordan had a firearm, she said.

She said a third male witness appeared to be intoxicated.

The chief prosecutor said officers' body-worn cameras recorded witnesses' statements, which were broadcast on a second officer's radio.

The reports indicated Christopher Jordan was armed with a firearm, she said.

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Fox said after the witnesses were removed from the area, officers on scene heard Christopher Jordan yell out the window repeatedly he wanted officers to kill him.

Officers approached the home and gave verbal commands for Christopher Jordan to come out of the residence, but he ignored the commands, Fox said.

When officers met with Cynthia Jordan, she said her brother, Christopher Jordan, threatened her with a firearm.

The officer asked the sibling if Christopher Jordan pointed the firearm, to which she confirmed, Fox said.

"She described the firearm as black and said it looked like a 45 Magnum or something like that," Fox said. "She stated that Christopher Jordan pointed the firearm at her and said, '(Explicit), I'll kill you.'"

Fox said Cynthia Jordan repeated that statement multiple times and physically demonstrated how Christopher Jordan threatened her with the firearm.

"These statements were all recorded on the officers' body-worn cameras," Fox said. Shortly after 8:30 p.m., Moschella and another detective arrived on scene.

Fox said the officers gave verbal commands for Christopher Jordan to come exit the home, but he ignored the commands.

The chief prosecutor said Christopher Jordan never exited the home, but repeatedly approached the window, at one point waving to officers from inside.

"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," Fox said.

Shortly after 9 p.m., while Christopher Jordan remained inside the home, an officer's body-worn camera captured another officer saying there was movement in the bedroom and Christopher Jordan appeared to be changing his T-shirt, Fox said.

"Around the same time, a male witness on scene informed a sergeant that Christopher Jordan was inside the bedroom by himself with a firearm," Fox said. The sergeant again instructed Christopher Jordan exit the home, Fox said.

At approximately 9:06 p.m., Fox said, Moschella's body-worn camera showed his patrol firearm, with a mounted optic, aimed toward the bedroom window where Christopher Jordan was.

"Detective Moschella stated, 'I've got one hand ... gun ... gun," Fox said. "Detected Moschella then fired one round from his rifle."

The round struck Christopher Jordan in the chest, Fox said.

Around 9:09 p.m., officers entered the home, but Christopher Jordan's door was locked, Fox said. Officers forced the locked bedroom door open and gained entry about a minute later.

Officers and first responders performed lifesaving measures on Christopher Jordan, but he ultimately died at Lee Memorial Hospital at 9:49 p.m., Fox said.

During the early hours of the following day, Fox said, special agents with the Florida Department of Law Enforcement got Cynthia Jordan's approval to enter the home.

Agents didn't find a firearm inside the home.

Agents speak with witnesses

Fox said when agents spoke with a neighbor they learned Cynthia Jordan told that acquaintance, "My brother is trying to shoot us."

Cynthia Jordan provided an audio-recorded sworn statement to FDLE approximately two hours after the shooting, Fox said.

"At the time of the interview, she was not aware that her brother was deceased," Fox said. "She acknowledged calling 911 to report that her brother Christopher Jordan had a gun and threatened to kill her earlier in the evening."

Fox reported Cynthia Jordan said Christopher Jordan "had an attitude all evening" and was under the influence.

Cynthia Jordan said a cousin who stopped at the Stella Street home that evening was also threatened. The victim's sister said she didn't know her cousin's last name, nor where she lived.

Toxicology report performed on Christopher Jordan

Fox said the day after the shooting a toxicology report revealed the presence of narcotics in Christopher Jordan's system.

Fox pointed at the presence of amphetamines, cocaine and fentanyl, among others.

Numerous calls for service at the Jordans' address

In 2022, Fox said, police responded to the Jordans' 3222 Stella St. home for a similar report.

Fox said that on June 15, 2022, Cynthia Jordan reported her brother threatened her with a firearm.

On Feb. 27, 2023, Cynthia Jordan called 911, saying Christopher Jordan had threatened her. Then, on April 8, 2023, Cynthia Jordan reported that Christopher Jordan threatened her verbally and with his pitbull dog. Officers at the time made contact and determined there was only a verbal argument with no physical altercation taking place, Fox said.

On April 30, 2023, Cynthia Jordan complained she was bitten by Christopher Jordan's dog. Cynthia Jordan also claimed Christopher Jordan threatened her with a knife, Fox said.

The week prior to the shooting, on Nov. 22, 2023, Cynthia Jordan reported Christopher Jordan threatened to shoot her, Fox said. The top prosecutor said a records search yielded 15 Fort Myers police calls for service at the Stella Street home.

Prosecutors meet with the Jordan family

Fox said investigators with the State Attorney's Office met with Cynthia Jordan on May 7 at her home for the purpose of finding more information about her cousin named Christopher, who she said she didn't know his last name or home address.

The top prosecutor said that when the investigator introduced himself and explained he wanted to talk to her about possibly getting more information regarding the Dec. 1, 2023, shooting, Cynthia Jordan immediately responded, "I don't remember."

When asked about her cousin "Christopher," Fox said, Cynthia Jordan said she didn't have a cousin named "Christopher."

The investigator clarified with Cynthia Jordan she told FDLE agents she had a cousin named "Christopher," who was there that day. Fox added Cynthia Jordan denied saying another "Christopher" was present at the house on Dec. 1, 2023.

Exchanged with the Lee County NAACP

On Friday, an investigator with the State Attorney's Office spoke with James Muwakkil, president of the Lee County branch of the NAACP, Fox said.

Fox said Muwakkil had previously made statements to news agencies, saying evidence wasn't collected and witnesses weren't interviewed.

"However, James Muwakkil could not provide additional information pertinent to the investigation or that was not already known to the Florida Department of Law Enforcement and to the Office of the State Attorney," Fox said.

Fox said she learned from the conversation with Muwakkil that Cynthia Jordan lied to Fort Myers police and the Florida Department of Law Enforcement about Christopher Jordan having a firearm.

The incident caused turmoil between the State Attorney's Office and the Lee County NAACP, which spearheaded a number of protests at the shooting site, the police department, and outside the State Attorney's Office, calling for transparency and asking that charges be pressed against Moschella.

Muwakkil briefly returned a call Thursday afternoon, but said he'd later call back.

"Our legal review is limited to the issue of whether detective James Moschella committed a violation of the criminal laws of Florida by using deadly force against Christopher Jordan," Fox said. "Detective James Moschella elected not to provide a sworn statement to the Florida Department of Law Enforcement."

Fox said that neither the State Attorney's Office, Fort Myers police nor the Florida Department of Law Enforcement "may compel" Moschella to provide a statement.

"Detective James Moschella, like all other individuals, has a constitutional right to remain silent," Fox said.

Fox said a question was sent to Moschella through his legal counsel asking the following: "On your body worn camera, you stated gun ... gun and fired one shot from your patrol rifle. What action did Christopher Jordan take to prompt you to believe [Christopher] Jordan posed a threat?"

On the same day, Fox said, Moschella's attorney provided a response on the detective's behalf.

"The response stated, 'Christopher Jordan threatened to shoot, made movements consistent with loading a handgun and pointed a black handgun in the direction of officers who were not behind cover. This caused me to fear for my life, the lives of other officers and bystanders,'" Fox said.

Fox said her office's legal review considered whether Moschella committed criminal violations of second-degree murder or manslaughter by act or culpable negligence.

"We find that he did not," Fox said. "The totality of the evidence supports the conclusion that detective James Moschella was justified in the use of deadly force. Detective James Moschella fired his weapon because he reasonably believed it was necessary to prevent imminent death or great bodily harm to himself, fellow law enforcement officers at the scene and citizens in the immediate area."

Fox said Cynthia Jordan won't face charges.

"I understand that this decision may be met with strong emotions and concerns from the community," Fort Myers police Chief Jason Fields said in a statement posted to the agency's Facebook page. "Any loss of life is a tragedy. Our hearts go out to the Jordan family."

The State Attorney's Office declined to answer how many fatal officer-involved shootings reviews are pending in Lee County. The county recorded three fatal officer-involved shootings last year.

A public records request to the State Attorney's Office found this is at least the second 2023 shooting where the involved officers have been cleared.

Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@gannett.com or 772-333-5501. Connect with him on Threads @tomasfrobeltran, Instagram @tomasfrobeltran and Facebook @tomasrodrigueznews.

This article originally appeared on Naples Daily News: Fatal Fort Myers Police officer-involved shooting "justified," SAO says