Marion County deputies cleared in fatal shooting of man in November 2021

An investigation into the shooting death of a man in Orange Springs a little more than a year ago by three Marion County Sheriff's deputies has concluded with no criminal charges being filed.

State Attorney William Gladson reviewed the investigative report and determined that the fatal shooting "was reasonable, and therefore lawful, under these circumstances."

Gladson highlighted two state statutes. The first law authorizes law enforcement to use force to defend themselves or someone else from bodily from harm while making an arrest. The second law allows someone to use force to prevent imminent death or great bodily harm to themselves or another.

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Deputies responded to Orange Springs on Nov. 15, 2021

Micah D. Brillhart, 33, and James Levitz, 83, died in separate shootings on Nov. 15, 2021 in Orange Springs, which is in northeast Marion County.

Brillhart was shot and killed by deputies when he threatened them with a shotgun, the reports states. Authorities said Brillhart had shot and killed Levitz before they got to the scene.

Based on interviews, law enforcement officials believe Brillhart was convinced people were shooting outside his residence. Someone alerted neighbors in the area about Brillhart's suspicion. An armed Brillhart went outside to confront who he thought was shooting outside, saw Levitz, and shot him.

The case was investigated by Florida Department of Law Enforcement.

Gladson wrote in the report that deputies were called to shots fired in Orange Springs. Sheriff's Office and FDLE officials said in previous reports they were called to the 24000 block of Northeast 140th Avenue.

When a deputy arrived, the official saw a woman who was "pleading for help for her husband, later identified as Levitz, who appeared to have been shot," according to the report.

The deputy saw Brillhart hiding under a vehicle parked in a carport. Brillhart was "within arms-reach of a shotgun" and was told numerous times "to move away from the shotgun and crawl out from under the vehicle," the state attorney wrote in the report.

Brillart was heard mumbling words like "Trump 2020 and 1776," according to the report.

Brillhart was shot by deputies

The report notes that Brillhart grabbed the shotgun and pointed it at the deputy, who took cover. Two other deputies arrived and "multiple deputies can be seen and heard giving countless commands to Brillhart to come out of the carport, put down the shotgun and surrender."

Brillhart left the carport and "repeatedly racked the shotgun as he walked down the driveway, indicating to the deputies that, at that time at least, it was unloaded," the report says. The man then loaded the shotgun and pointed it in the deputies' direction.

"Fearing for their safety, and the safety of the other deputies and citizens at the scene, all three deputies discharged their firearms, striking and killing Brillhart," according to the report.

The names of the deputies were not released because they invoked Marsy's Law, a Florida law that allows crime victims to have their names withheld from public disclosure by law enforcement.

A neighborhood who spoke with a Star-Banner reporter when the incident occurred said deputies gave Brillhart opportunities to put the weapon down and he refused.

Medical examiner's report

A medical examiner's report states Brillhart was shot multiple times in the head and torso. He also had THC and THC metabolites in his system. Information gathered by the Florida Department of Law Enforcement, which conducted the investigation, revealed Brillhart had smoked marijuana before the shooting.

Levitz's body was examined and his cause of death was a shotgun blast to the neck and chest.

Officials said Brillhart killed Levitz before deputies got to the location. Two shotgun shells discovered near Levitz's body were consistent with two live shells found near Brillhart's body, the report notes.

Wayne Carr, who knew Levitz, said the elderly man was "a great guy." Carr said he grew up with Levitz and went to school with him. He said Levitz attended Hialeah High School in south Florida and was in the Class of 1957.

Contact Austin L. Miller at 867-4118, [email protected] or @almillerosb

This article originally appeared on Ocala Star-Banner: Shooting of man in Orange Springs by Marion deputies found 'reasonable'