'Overkill': Family of man killed by Cape Coral police reacts after officers cleared

The family of a 73-year-old Cape Coral man fatally shot by police last summer remember him as extremely kind-hearted and extremely giving, even as police conclude lethal shots fired in his living room were justified.

"He was shot at 13 times even though he was sitting in his chair," daughter Sharon Halle said. "That doesn't make sense."

Sharon Halle dubbed the incident "overkill."

Sharon Halle and her uncle Mark Halle continue to question police tactics, the number of shots fired and even whether the issue justified their presence at Roland Halle's home. Nearly a year after the incident, family members continue to question the police.

"It appears they wanted to have the police kill him," Mark Halle said. "They should've backed out of there."

Robert Lawrence, investigator with the State Attorney's Office, determined the use of force in Roland Halle's shooting death was justified. Police arrived at Roland Halle's home shortly after 5:30 p.m. June 11, 2023, for a 911 call reporting a disturbance involving a roommate.

According to police reports, when officers spoke with the roommate, she said Roland Halle threatened to evict her from the home that day if she didn't move out. She wasn't named in the report.

Officers cleared, probe concludes

Roland Halle's giving nature was at odds with his abrupt death, his relatives say, adding there must've been options other than killing him a mere 40 minutes after officers arrived at his home.

Documents obtained by The News-Press identified the officers as Matthew Mills, 40, and Zachary Bartok, 31.

The reports say both officers declined to provide sworn statements or be interviewed by the State Attorney's Office after the incident, citing counsel recommendations. Their attorney, Tim Culhane, on Oct. 23, 2023, received letters inviting both officers to provide sworn statements, but Culhane declined Oct. 28, 2023, the documents show.

Bartok was sworn into Cape Coral police Aug. 19, 2021, according to a Facebook post from police. Mills joined the police department in 2007, and in 2016 was cleared in a separate, October 2015, fatal officer-involved shooting when he killed Rolly Thomas, 34, and injured his baby during a domestic disturbance that turned into a SWAT situation.

When the pair arrived at Roland Halle's home, while looking through glass slider doors, they observed him sitting in the living room holding a firearm, according to the case's final report.

Police said Roland Halle ignored the repeated directives to drop the firearm and raised it, which resulted in the officers "utilizing lethal force to protect themselves."

Officers detail what led to the fatal shooting

Mills identified himself as a Cape Coral police officer before asking Roland Halle to come outside. Roland Halle replied, "You can come in."

Mills told Roland Halle to come outside and to let him see his hands, to which Roland Halle replied, "I'm not coming out, you can come in."

Mills told Roland Halle that he wouldn't come inside if he had a gun next to him.

The report says Roland Halle three times told Mills he had a firearm next to him. Mills requested more officers on scene.

Fifteen seconds after he called for backup, the report shows, Mills told Bartok that Roland Halle "is not barricaded, yet he's refusing to come to the door, he is sitting on the couch with a gun between him."

When Mills asked Roland Halle where the firearm was, the report says, he replied with profanities, later adding the firearm was beside him.

"Officer Mills could be heard telling Roland not to reach for the gun several times, while continuing to verify the location of the gun," the report says.

'Shoot me,' Roland Halle challenges police in final moments

After several minutes of conversation, Roland Halle could be heard telling Mills that the gun was in his hand and that he was reaching for it, then saying, "Shoot me," several times, seconds before Mills and Bartok shoot Roland Halle, the report says.

"It sounded like 'suicide by cop,'" Sharon Halle said. "I question why they would call this a justified shooting."

Mark Halle said his brother "basically asked them to shoot him."

"I would think it's not normal protocol to shoot that person," Mark Halle added.

The report indicates officers found a handgun behind the reclining chair where Roland Halle sat.

"At the time, Roland appeared to have the ability to carry out the threat. It is probable that Roland created a well-founded fear in the minds of the Officers that violence was about to take place as he raised a firearm (deadly weapon) in their direction," the report says.

Mills said to Roland Halle, "Let me see your hands," before shots rang around 6:17 p.m., the report shows.

"They were just going everywhere," Mark Halle said, reporting he found bullet holes in the bedroom doors, the bathroom and the kitchen.

The District 21 Medical Examiner's report says Roland Halle's cause of death was multiple gunshot wounds to the left upper extremity and a severed brachial artery on the left arm. The medical examiner ruled the manner of death a homicide.

In a Jan. 23 letter to Cape Coral police Chief Anthony Sizemore, State Attorney Amira Fox said her office concluded its probe.

"Based upon the investigative reports provided, and the applicable law, I am convinced that the actions of the Officers involved in this incident were a legally justifiable use of deadly force, in the defense of themselves or others," State Attorney Amira Fox wrote in her letter. "Therefore, my office will not be filing any criminal charges in this matter."

A family's questions remain

Sharon Halle, 50, who lives in Conway, New Hampshire, said she learned of her father's death the day after the incident. Meanwhile, Roland Halle's younger brother, Mark Halle, 69, who lives in Venice, said he had just gone to bed when he heard his cellphone ring; another sibling told him of the death.

"The manner in which it happened took me totally by surprise, although he's been kind of a troubled vet with alcoholism problems," Mark Halle said. "And maybe trouble... that's the wrong word, but he was somebody from the Vietnam era. So it was just very, very sad."

As the probe surrounding Roland Halle's death continued, Sharon Halle and Mark Halle were critical of police, saying they barely kept them updated.

David Thomas, a professor of forensic studies at Florida Gulf Coast University and a retired police officer, said the absence of information often keeps the investigation from being "piecemealed." Thomas didn't participate in the probe and spoke in general terms related to police investigations.

He says that limiting information keeps the probe on track.

The agency "then only has to address the case based on the facts without giving any false or misleading information," he said.

It does little to quell the family's concerns.

"My perspective is they hadn't reached out at all, anybody," Sharon Halle said. "And that's what's very frustrating for myself."

Sharon Halle said calls to Detective Jason Venski, who handled the internal affairs investigation, were never returned until after she learned the officers had been cleared.

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Brother questions search of home

Mark Halle also questioned police's search of Roland Halle's home.

"When does a homicide victim get a search warrant?" Mark Halle asked of police's search on the property after the shootout. "Why would they be searching him like he planned to kill this police officer?"

Thomas said search warrants depend on the nature of the case and why police were involved.

"If this involves drugs or other issues, they are probably keeping the phones for future investigative leads and the family won't get those back until the police have no further use for them," Thomas said.

Mark Halle said his brother didn't break the law.

"It's not illegal to be drunk in your own home, and it's not illegal to have a firearm in your own home," Mark Halle said, later adding, "When you're drunk, you're gonna do some things that don't make sense."

Mark Halle said police didn't take into account his brother's physical or mental condition and was concerned with police's de-escalation approach.

"Why didn't they do some de-escalation?" Mark Halle asked, adding they had time to de-escalate if they had time to call for backup officers. "They spent 40 minutes challenging him. They certainly could've handled it better."

Halle family felt 'robbed'

"I feel kind of robbed that the police were able to say they followed their protocol," Sharon Halle said.

She also questioned why the investigation into the incident took the State Attorney's Office more than six months.

"We have a right to know as his family what happened to him," Sharon Halle said.

Thomas said the Halles can request a copy under the Sunshine Law and the agency will be required to give it to them.

The college professor and retired police officer explained that in these situations the victim may be considered a suspect by police, leaving no obligation to their family.

He added that the standard to be met for police to use deadly force is that the officers were in fear for their lives or the lives of another.

Thomas said the process in these types of investigations is thorough.

"I will say that the agencies involved want to get it right more than anything," Thomas said.

A Vietnam War veteran

Sharon Halle said her father's alcohol troubles began after his service in the Vietnam War.

Mark Halle said Roland Halle went into the Marines right out of high school.

"His history doesn't make what happened right," Sharon Halle said. "He wasn't exactly a pillar of the community. But there's still no reason for him to have passed on the way that he did either."

After his service in Vietnam, Sharon Halle said, her father had bouts of depression.

"And I do think maybe some of that was going on at the time that he was shot," Sharon Halle said.

She said the Vietnam War haunted Roland Halle "in a lot of ways."

"I think he also had a lot of guilt. And he felt very bad," Sharon Halle said. "So it's not just that he was an evil man or an evil person, per se."

Holding onto the memories

Despite his violent death, Sharon Halle said she prefers to remember Roland Halle as a father taking the family to explore their heritage, as well as teaching his grandchildren to bait a line and camp.

"I remember as a kid at times he would like to take me to Canada," Sharon Halle recalled. "We would just jump in the car and we'd go to Canada."

Sharon Halle said her father's eyes lit up when he spent time with his great-grandchildren.

"Those are very good things about him that they can't ever take from us," Sharon Halle said.

Sharon Halle said the fishing trips with Roland Halle have also stuck in her memory.

"He loved to go fishing," Sharon Halle said, adding he also taught his great-grandchildren. "He taught me how to fish, and they used to like go fishing with him a lot."

Mark Halle said his older brother taught him similar outdoor skills.

"One thing that I really enjoyed when we were kids... he was older than I am and he used to take me out hunting, fishing and camping all the time," Mark Halle recalled. "So we got to be pretty close. He was probably my closest brother."

Helping after Hurricane Ian

It's the sentimental times that help the Halles get through their days, focusing on Roland Halle's good heart. He had a great sense of humor and would help anyone he could, Mark Halle said.

After Hurricane Ian slammed into Southwest Florida killing more than 70 people, Mark Halle said, Roland Halle sprung into action to help one of his neighbors.

"One neighbor after the hurricane didn't have the funds to clear all the broken trees and everything else that had happened to her property," Mark Halle said. "And my brother gave her the money to do that... it was probably $3,000. And he didn't even want it back."

Family: What comes next is thorough review of bodycam footage

Sharon Halle said she understands Roland Halle raised his firearm at police, although she added she understood it wasn't loaded. She said reviewing the body camera footage is above her level of comfort and added someone else is reviewing it for the family.

"The bodycam being viewed is going to play a huge role in whether the family pursues legal action," Sharon Halle said.

Thomas said whether families like the Halles file a civil lawsuit depends on the circumstances and the facts that are determined in the investigation.

"There is nothing to prevent a lawsuit, but it must be filed with merit or the judge will dismiss it," Thomas said.

Sharon Halle said she believes her father "was talking in general as a depressed man" when he told police to shoot him.

Cape Coral police responds to Halle family

Lisa Greenberg, spokesperson for Cape Coral police, said Mills and Bartok were placed on administrative leave between June 11, 2023, and June 27, 2023.

Police said the State Attorney's Office completed its investigation, which concluded on Feb. 6. Both officers have since returned to full duty.

According to police, Sizemore spoke with Roland Halle's grandson just after the incident.

"If there are additional family members that have questions or concerns, we encourage them to call and we can assist them with whatever we can," police said in a statement.

"This is a tragic and unfortunate incident, and our condolences are with Mr. Halle’s family, but that we are also grateful that our officers came out of this lethal force encounter unharmed," police said.

Roland Halle's last moments weigh on the family's hearts.

Mark Halle said he last spoke with Roland Halle almost a week prior to his death.

"It was a very, very pleasant conversation, which made what happened just so surprising," Mark Halle said.

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: Cape Coral officers cleared in fatal 2023 officer-involved shooting