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Clearwater Officers Cleared In Fatal Shooting

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TBO.com

Published: March 20, 2009

The state attorney's office has determined two Clearwater Police Department officers were justified in their actions during a fatal shooting March 2, Clearwater police say.

Officers Scott Durivou and Eliad Glenn returned to administrative duty last week. They will remain in that role until the police department's administrative review is complete.

Shortly before 11 p.m. March 2, Durivou and Glenn went to Lexington Apartments, 1200 S. Missouri Ave., in response to a report of domestic violence, according to a Clearwater police news release.

During the investigation, a confrontation between the officers and 52-year-old Michael Gaides turned violent, investigators say. The officers located Gaides, and when they opened a door, he fired at them.

An initial release says both officers returned fire, striking Gaides at least once. A review from the state attorney's office says Gaides was struck seven times – twice in the head and five times in the torso.

"Chief Forensic Toxicologist Jeffrey Hayes determined that Gaides had a vitreous fluid alcohol level of .156 g/dl," the review by State Attorney Bernie McCabe states. "Gaides had diazepam and diazepam metabolites, and Nortriptyline, an anti-depressant, present in his urine, as well as indications of Sertraline, another anti-depressant.

"As a result of the investigation conducted by my office, I have determined that Officers Scott Durivou and Eliad Glenn were in the lawful performance of their legal duties when they attempted to arrest Michael Gaides and he fired upon them.

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