It’s an investigation months in the making that’s now closed.
The State Attorney’s Office has announced it will not charge the man who shot and killed Zachariah Tipton outside of Nippers Beach Grille in June.
“The attack itself lasted approximately ten seconds, and within those ten seconds is the key to why this shooting is justified and why the shooter in this case, Kristopher Stone, had every right under Florida law to defend himself that night,” says State Attorney Angela Corey.
Investigators say, video evidence shows Tipton and two other members of the Black Pistons motorcycle club attacking Kristopher Stone and another man outside of the restaurant in a “coordinated attack”. Stone and the other man were prospects- or potential members- of the Iron Order motorcycle club.
The video, according to Assistant State Attorney Brian Brady, shows Stone get punched from behind and further kicked and punched, even after he was on the ground. Stone drew his gun, which he was legally allowed to carry, and shot Tipton. At that time, the fight disbursed, and the other people who had arrived with Tipton fled. The portion of the video showing the fight has been cut from the publicly released version.
“Plain and simple great bodily harm was not only imminent when Kristopher Stone pulled his gun and fired, great bodily harm had already occurred and was continuing to occur,” Corey says.
Investigators believe the attack stemmed from a “riff” between the clubs and that Stone was a “victim of circumstance”. Further, they’ve been given indications from gang investigators that the Black Pistons were showing their strength as part of their affiliation with “The Outlaws”- which Jacksonville Beach Police Chief Pat Dooley describes as a “criminal organization”. The Black Pistons were likely instigating the fight because the Iron Order refused to pay dues and were wearing patches they shouldn’t have, according to the State Attorney’s Office. Assistant Brady further says Tipton and the others involved may have been trying to “rise up the ranks” to become an Outlaw.
At the scene that night, police first interviewed more than 200 witnesses. Brady says during that time, Stone stayed on the scene and fully cooperated, despite the fact that he needed medical attention for the broken nose and other facial injuries he had suffered.
“After the evidence all pointed to him [Stone] as more of a victim in this case, they interviewed him , read him his rights, and he was fully cooperative and he said he was in fear for his life as he was being pounded by two individuals on the ground,” Brady says.
He says the video shows the other involved members of the Black Pistons were seen on the video removing mouthpieces, rings and other paraphernalia that support the state’s theory that the attack was coordinated. We’re further told an empty holster and ammunition was found on Tipton, and the video possibly showed someone removing something from Tipton before police arrived, but they could not conclude whether Tipton was armed.
Brady says they have delivered their findings to Tipton’s family, who appeared to be understanding.
Although there were other people involved in the fight, State Attorney Angela Corey says the investigation is considered closed and there are no charges that will be filed against anyone.
Stone is not affiliated in any way with law enforcement, according to Brady. The disposition we obtained from the State Attorney’s Office says Stone is an Army Combat Medic with no prior criminal record.
Dooley says there has not been any direct threat of violence following this fight and shooting, but police are monitoring the potential for problems between the clubs now that the decision not to charge has been made. Corey adds that her experience with motorcycle clubs has always been positive, including work with many who do charitable acts. Dooley says the specific branch of clubs that tie to the Outlaws are known to be problems.
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