ORLANDO, Fla. — An Orlando Police officer involved in a February crash that killed an innocent bystander will not face criminal charges, according to a newly released 14-page decision memo from the State Attorney’s Office. The findings include new photos, body-camera video, and a detailed legal breakdown of why prosecutors say they could not move forward with the case.
The crash killed 42-year-old Gerald Neal, who was walking along Indiana Street when he was struck and later found pinned beneath Officer Christopher Moulton’s police SUV.
New evidence shows suspect hit Neal first
Photos released by prosecutors show the suspect’s vehicle with a shattered windshield, consistent with it striking Neal before Officer Moulton’s SUV ever reached him. “It certainly does change the narrative that the police officer wasn’t the person who originally hit the victim,” WFTV’s legal analyst Bill Shaefer said.
Body-camera video shows the moment officers realized Neal was trapped beneath Moulton’s vehicle. He remained pinned for about 15 minutes before he was rushed to the hospital, where he later died.
Case began as stop for unreadable tag
As previously reported by WFTV, the incident started when officers tried to pull over Dornell Bargnare for an unreadable license plate. Investigators say Bargnare sped off and hit Neal as he walked down the sidewalk, then continued fleeing. Moulton, in pursuit, unknowingly drove over Neal — who was already in the roadway after being struck by Bargnare.
Prosecutors: Officer acted within policy
The State Attorney’s memo states that under Orlando Police Department pursuit policy, Moulton was authorized to chase the fleeing suspect, exceed the speed limit, and drive through stop signs and red lights.
Prosecutors emphasized that the “moral question” of whether the chase should have happened is separate from the legal threshold required to charge an officer criminally.
“In its basic terms, they couldn’t prove it. The State Attorney’s Office did not feel either from the evidence or the law that they could have proven this case beyond and to the exclusion of every reasonable doubt,” Shaefer said.
Suspect could face more charges
Bargnare has been charged with leaving the scene of a crash involving death, and prosecutors say additional charges could be filed as the case proceeds. His trial is set for next month.
Channel 9 has reached out to OPD about the internal investigation into the case, but hasn’t heard back.
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