No criminal charges for 6 Orlando officers who shot, killed man accused of shooting police

ORLANDO, Fla. - Six Orlando police officers involved in a deadly shooting last August will not be facing any criminal charges, according to a Monday update from the State Attorney's Office. 

Daton Viel, 28, was shot and killed by officers on the morning of Aug. 5, 2023, after a traffic stop where he shot at two officers who – at the time – were said to have been "fighting for their lives," officials said. 

The case was presented to a grand jury to determine whether criminal charges for law enforcement are necessary, which is standard protocol for officer-involved shootings. The grand jury returned a "no true bill" for each officer involved in the shooting, which means the officers have been cleared of any criminal wrongdoing. 

Daton Viel (Photo: Orlando Police Department)

It's also typical for grand juries to make recommendations related to law enforcement's use of force after an investigation, but the grand jury declined to issue any statement regarding the shooting. 

This case is now closed, the State Attorney's Office said. 

The officer-involved shooting happened at a Holiday Inn in Orlando after a traffic stop in downtown Orlando, where officers were conducting an investigation connected to a homicide in Miami. That's when Viel allegedly shot at two officers. 

At around 6 a.m., the suspect was found at the hotel, barricaded inside. Police, who were trying to serve an arrest warrant on Viel, said he refused to cooperate and he wouldn't surrender. About three hours later, Viel allegedly shot at officers several times. The officers returned fire, and Viel was pronounced dead on the scene. 

In the days after the officer-involved shooting, FOX 35 obtained several documents regarding Viel's criminal history, which revealed a long rap sheet with previous arrests including sexual assault of a minor, battery, burglary, lewd/lascivious molestation and exhibition, and other drug-related offenses. 

At the time of the officer-involved shooting, Viel was also awaiting trial for the rape of a young girl at Trotter's Park in Orlando, according to court records. 

Viel was also out on bond, despite allegedly violating his parole at the time. 

"It bothers me," Orlando Police Chief Eric Smith told reporters during the investigation. 

Then-State Attorney Monique Worrell, who was later suspended by Florida Gov. Ron DeSantis for "dereliction of duty," held a press conference days after the shooting where she ultimately said it was up to police to arrest suspects with active warrants, and it's up to the judges and court system to determine bond. She also defended the court's designation of $125,000 bond for Viel. 

"I've said many times before, it's really important to understand that when incidents like this happen, community wants answers, and it is natural to want to find out who's at fault for why this incident took place. But it is important to understand that the only individual who can be blamed for incidents like these is the individual who took those actions," she said.

While Viel was out on bond, he was pulled over behind the University of Central Florida's main campus after his red vehicle was spotted by police. He eventually ran from police and managed to get back into his vehicle and drive off, as seen in bodycam footage obtained by FOX 35 at the time. This incident happened on June 30. 

The incident where he allegedly shot two police officers in downtown Orlando happened just over a month later.