'Lawful but Awful': Florida Man Avoids Charges After Firing AR-15 at Pool Cleaner

A homeowner in Pinellas County, Florida, has avoided charges due to the state’s ‘stand your ground’ law after mistaking a pool cleaner for an intruder and firing 30 rounds from an AR-15 in their direction.

The Pinellas County Sheriff’s Office (PCSO) said 57-year-old Bradley Hocevar and his wife, 43-year-old Jana Hocevar, were watching a movie at their home in Dunedin on Thursday evening, June 15, when Jana heard noises and spotted a man outside on their pool deck.

The Hocevars were unaware that 33-year-old Karl Polek, a pool technician employed by Bay Area Pool Techs, had arrived to service their pool.

Bradley yelled at Polek “to get out and to go away several times” and, after receiving no response, retrieved an AR-15 rifle from their bedroom while Jana called 911, the sheriff’s office said.

Upon seeing a flashlight coming toward the door, Bradley fired two rounds towards Polek, who fled from the pool deck having sustained minor injuries from bullet shrapnel and shattered glass, PSCO said. Forty-seven seconds later, Bradley fired another 28 shots, the sheriff’s office said.

This home security footage, released by PCSO during a press conference on Monday, June 26, shows the first two rounds being fired at Polek by Bradley Hocevar. It is followed by an audio recording of the 911 call made by Jana Hocevar.

Based on the available evidence, no crime had been committed, Sheriff Bob Gualtieri told press.

“This is a classic example of what’s called the ‘castle doctrine’ or, in Florida, the ‘stand-your-ground law’. Bradley Hocevar was in his home; he was in fear that someone was breaking in,” he said. “In hindsight, [Polek] should have probably let them know that he was coming at 9 o’clock at night, yet he made no effort to contact them at all."

Gualtieri said it was “a terrible set of circumstances but […] it’s probably one of those things I would call lawful but awful.”

The Hocevars “had no idea” it was their pool technician until they walked out their front door and saw his vehicle parked outside, Gualtieri said, prompting the Hocevars to experience what the sheriff called an “oh-my-god moment.” Credit: Pinellas Sheriff via Storyful

Video Transcript

- 911. What's the address of the emergency?

JAVA HOCEVAR: Hi. Our address is 41 Concord Drive, Dunedin. Somebody is just on our lanai. Somebody is around our house.

- What's the phone number you're calling from?

JAVA HOCEVAR: Ah, [MUTED]. And please come quickly.

- What are they, walking around the house?

JAVA HOCEVAR: No, they're trying to break-- they were trying to break in. But I heard them, and I saw them. And we don't know if they are armed or not. We just need somebody to come and check on the house. Please.

- All right. One moment.

JAVA HOCEVAR: This was one man. It was one man that I saw who-- I don't know what he was doing.

- My name is John. What is your name?

JAVA HOCEVAR: Jana.

- Can you spell that for me?

JAVA HOCEVAR: J-A-N-- like November-- A.

- And your last name?

JAVA HOCEVAR: I think he's still here. Can you send somebody from here?

- I-- I'm already sending them. But I need your name.

JAVA HOCEVAR: OK. Jana Hocevar, H-O-C-E-V-A-R.

- I already-- like I said, I already have help on the way. They've already been dispatched to you.

JAVA HOCEVAR: OK. It's Dunedin Cove. And I will give you a-- i think there is a gate code. Or they can call my number, and I'll open the--

- What is the gate code?

JAVA HOCEVAR: One sec.

Oh, wait. I'm going to--

BRADLEY HOCEVAR: Are they still there?

JAVA HOCEVAR: They are sending somebody. I saw [INAUDIBLE]. OK, so 8-8-6. And--

- OK. Did you see the person that's outside?

JAVA HOCEVAR: Yes, it was a man.

- Is it a white male, Black male, Hispanic male? What--

JAVA HOCEVAR: They are-- I couldn't tell. I think he was white, but I couldn't tell.

- How old did he look?

JAVA HOCEVAR: Maybe 40 or younger. Not old.

- OK, and what color shirt did he have on?

JAVA HOCEVAR: So he was on the lanai, so completely dark. When I saw him, I quickly closed the curtain and locked the door.

- OK, that's fine. How tall did he look?

JAVA HOCEVAR: Think-- seemed they had a battery.

- And how much did he weigh?

[GUN RACK]

JAVA HOCEVAR: [YELPS]

- What was that?

JAVA HOCEVAR: Nothing. Don't shoot.

BRADLEY HOCEVAR: [YELLS]

- What was that? Ma'am.

JAVA HOCEVAR: My husband.

- What is--

JAVA HOCEVAR: It was my husband.

- What was that bang?

JAVA HOCEVAR: It was a shot.

- Who made a shot?

BRADLEY HOCEVAR: I shot--

JAVA HOCEVAR: They are going around the house.

- Who-- who-- I need to know who-- what that was?

JAVA HOCEVAR: I don't know. Somebody--

- [YELLS]

JAVA HOCEVAR: --is yelling.

- Was that a gunshot?

JAVA HOCEVAR: Yes, it was a gunshot.

- Who shot it? Who shot it?

JAVA HOCEVAR: My husband because they are walking around here with a--

BRADLEY HOCEVAR: Who is it?

- What kind of gun does he have?

[GUNSHOT]

JAVA HOCEVAR: Stop!

- Stop shooting.

JAVA HOCEVAR: Stop! Stop shooting.

- Stop shooting.

JAVA HOCEVAR: [YELLS] Stop!

- Stop shooting the gun.

JAVA HOCEVAR: [INAUDIBLE].

BRADLEY HOCEVAR: What?

JAVA HOCEVAR: Stop.

- I need him to stop shooting the gun.

JAVA HOCEVAR: OK, stop. OK, stop it. Stop. Stop. Put it down. Put it on the floor, please.

BRADLEY HOCEVAR: Why?

JAVA HOCEVAR: Just stay here.

- What kind of gun is it?

JAVA HOCEVAR: Somebody, just please.

- I don't know.

JAVA HOCEVAR: Don't-- please.

- Did he shoot anybody?

[GUNSHOTS]

JAVA HOCEVAR: Stop it. Stop it.

- Hello. Ma'am.

[GUNSHOTS]

Stop, please.

BRADLEY HOCEVAR: Who is it?

JAVA HOCEVAR: Stop it, please. I said stop it. Stop it, please.

BRADLEY HOCEVAR: Why?

- I need him to stop shooting the gun.

JAVA HOCEVAR: We're here. Where are--

BRADLEY HOCEVAR: Right here!

JAVA HOCEVAR: [INAUDIBLE]

- I need him to--

JAVA HOCEVAR: [INAUDIBLE]

- I need him to put down the gun, Ma'am.

JAVA HOCEVAR: I need the police.

- Ma'am, I need him to put down the gun.

JAVA HOCEVAR: He put it down. He put it down.

- What kind of gun is it?

JAVA HOCEVAR: I--

BRADLEY HOCEVAR: AR.

JAVA HOCEVAR: --I don't know. It's a AR.

BRADLEY HOCEVAR: Yeah.

- Is anyone shot?

BRADLEY HOCEVAR: We don't know.

JAVA HOCEVAR: We don't know. We don't want to get out of the house. The alarm's going.

- What was he shooting at?

BRADLEY HOCEVAR: I don't know who's outside!

[ALARM SOUNDING]

JAVA HOCEVAR: We are waiting for somebody to come and help. Not this stop.

BRADLEY HOCEVAR: What? I stopped.

JAVA HOCEVAR: Yeah, I think send some-- send somebody here.

- What kind of gun is it?

JAVA HOCEVAR: It's an AR. We need somebody to come in, please.

- They're on the way. They're coming as fast as they can.

BRADLEY HOCEVAR: I put it down.

JAVA HOCEVAR: Put it down. The gun's down. Come here now. Just come here.

BRADLEY HOCEVAR: Is that police?

JAVA HOCEVAR: Who is here?

BRADLEY HOCEVAR: Who's here?

JAVA HOCEVAR: Should I go through the front door?

- I don't want you to go to the door yet, Ma'am.

JAVA HOCEVAR: OK.

- Where did he put the gun away at?

JAVA HOCEVAR: It's on the--

BRADLEY HOCEVAR: It's on the floor in the bedroom.

JAVA HOCEVAR: It's on the floor in the bedroom. And we're afraid because anybody can get in the house now.

- Where is he right now?

BRADLEY HOCEVAR: I'm in the bedroom.

JAVA HOCEVAR: Don't yell. We are in the--

- I need you guys to get out of the bedroom.

JAVA HOCEVAR: We are in the family room.

- So you guys-- no one's in the same room as the gun right now. Is that correct?

JAVA HOCEVAR: No.

BRADLEY HOCEVAR: No, we're not in the same room as the gun.

JAVA HOCEVAR: We are hiding behind the sofa in the family room.

BRADLEY HOCEVAR: We're behind the sofa in the family room.

JAVA HOCEVAR: [INAUDIBLE]

BRADLEY HOCEVAR: What happened?

- What family room?

BRADLEY HOCEVAR: In the family room.

- You guys are in--

JAVA HOCEVAR: Yes, in the family room.

[TYPING]

BRADLEY HOCEVAR: Is everything OK, sir?

- Yes. I just need to make sure you don't have the gun with you. We have deputies there.

BRADLEY HOCEVAR: I know [INAUDIBLE].

JAVA HOCEVAR: No, we don't. It's in a different room here, OK.

BRADLEY HOCEVAR: Goddamn.

- OK. Are the deputies there?

BRADLEY HOCEVAR: We don't know.

JAVA HOCEVAR: I don't think--

- I want you guys to stay in the house for right now, OK?

JAVA HOCEVAR: OK.

BRADLEY HOCEVAR: What happened?

JAVA HOCEVAR: Nothing. I don't know.

BRADLEY HOCEVAR: Goddamn, I shot up the whole fucking--

JAVA HOCEVAR: Yes.

BRADLEY HOCEVAR: We are ready to open door if the deputies are here.

- One moment. Let me--

BRADLEY HOCEVAR: My god.

JAVA HOCEVAR: I'm afraid to go to the door.

BRADLEY HOCEVAR: Did I hurt somebody? Well, of course.

JAVA HOCEVAR: No, no, you didn't. No. No. No. Listen, breathe. Breathe, breathe, breathe. Breathe. OK?

- OK, go to the front door, Ma'am.

JAVA HOCEVAR: OK. My husband's gonna stay here. Come, please, come.

BRADLEY HOCEVAR: OK.

JAVA HOCEVAR: We are coming together with my husband.

- OK.

JAVA HOCEVAR: We are running. The gun is behind us. OK. We are--

- Yup.

JAVA HOCEVAR: --at the front door. Who's here? Are you there?

- They're there? Are the deputies there?

BRADLEY HOCEVAR: No.

JAVA HOCEVAR: [INAUDIBLE]

- OK, I want you to stay by the front door.

BRADLEY HOCEVAR: OK, we are by the front door. I'm gonna shine the light there.

- I want you to put your hands in the air. I need you guys to raise your hands up as you come out the house.

JAVA HOCEVAR: OK.

- Both of you-- both of you guys need to have your hands in the air.

JAVA HOCEVAR: Yes, yes.

- And come out the front door.

- --hands up. You can put your hands up.

- All right, come on out. You're good. You're good. OK.

- Gonna check your waistband.

JAVA HOCEVAR: Yeah, OK.

- All right. They'll take over from here. I'm gonna let you go now.

JAVA HOCEVAR: OK, thank you.