VOLUSIA COUNTY, Fla. – A man accused of shooting a Volusia sheriff’s deputy, whose body camera on his chest is credited for saving his life after it was struck by a bullet, appeared in court Friday morning for the first time since the incident.
Deputy Jose Rivera was shot in the shoulder and thigh earlier this week when 31-year-old Luis Diaz Polanco fired at him multiple times, according to sheriff’s officials. One of those shots had ricocheted off Rivera’s deputy-issued body camera video through his shoulder.
[SEE PREVIOUS COVERAGE: Bodycam takes direct hit as Volusia deputy shot twice during investigation, sheriff says]
Rivera was discharged from Halifax Health before he took a ride in the Volusia Sheriff’s Office’s helicopter to Dewey O. Boster Park in Deltona, where Volusia officials, deputies, and more awaited his arrival.
Polanco’s defense team pushed in court Friday to have his confession sealed from public records but some of his confession was seen in his arrest report.
Judge Karen Foxman ruled that Polanco needs to stay in jail until after his trial. Much of that decision was based on what he told investigators in that arrest report.
“The police report as the state points out acknowledges that the defendant, I believe he said it was schizophrenia, had been diagnosed and not taking his medication which concerns the court,” said Foxman.
According to Volusia Sheriff Mike Chitwood, an altercation occurred earlier Monday between Polanco and a “young lady,” who was there to pick up the suspect’s mother to go to work. During the altercation, Polanco began damaging the woman’s car.
Rivera along with his trainee, Deputy Gomez Lopez, later arrived to Polanco’s home on Candler Drive and when they knocked on the door, Polanco came out holding a box before quickly reentering the home and shutting the door, the sheriff’s office said.
[WATCH BELOW: Volusia deputy shot twice in Deltona released from hospital]
In his arrest report, deputies wrote Polanco told them his day began “horrible” with a fight with his mother. Polanco then confessed to investigators that he intentionally aimed at the deputies’ chest thinking their ballistic vests would save them.
He told them if he had not run out of ammunition, he would have kept shooting and “been forced to kill” The deputy.
“The comment of ‘had I not run out of ammunition I would have continued shooting’ concerns the court greatly,” said Foxman.
The sheriff showed body camera video of the encounter, which showed Polanco open the door again and fire multiple times at the deputy. The exchange of gunfire happened at a distance of about 6 feet, Chitwood said. Rivera fired four to six rounds, and investigators believe Polanco fired a similar number of gunshots.
The sheriff said Polanco told detectives he had every intention of shooting deputies and would have killed them if he had not run out of ammunition.
Neighbors told News 6 that Rivera didn’t just take cover after the gunfire.
Lou Massino, a mail carrier, said his mother lives just a few doors down from where the shooting happened. He said Rivera knocked on her door shortly after being shot.
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“She sees it’s an officer, so she answers, and the guy’s bleeding from his arm and his leg, and he says, ‘Stay in the house.’ Once he got down to the end of the driveway, she saw other police, ambulance, helicopter,” Massino said.
The gun used in this case was legally purchased by someone in Sanford, Chitwood stated, though investigators are still trying to figure out how it got into Polanco’s hands.
According to court records, Polanco was previously arrested in 2023 and 2024 on charges of leaving the scene of a crash and battery on a person 65 years of age or older. He pleaded no contest in the crash case, and charges were dropped in the battery case.
Chitwood also said Polanco had previously been arrested after pointing a firearm at someone on July 4 in Sanford.
Polanco faces two counts of attempted murder.
Foxman decided she would like to hear the Sheriff’s Office’s thoughts on sealing the confession since it would be the agency handling the public record request. That hearing will happen in the next few weeks.