The Florida Highway Patrol declared Trooper Daniel Cole was justified in shooting a cemetery owner last September.
According to the criminal investigation by the Florida Department of Law Enforcement, Cole responded to a LoJack alert for a stolen 2008 Suzuki motorcycle.
He tracked the signal to Royal Palm North Cemetery.
Clifford Work was inside a shed working when Cole approached.
Bay News 9 was the first to show Trooper Daniel Cole firing his gun at Clifford Work in video obtained from his cruiser.
The report states Cole fired 18 rounds in six seconds. One of those rounds struck Clifford Work in the leg.
Both the FDLE criminal investigation and the FHP’s internal investigation cleared Trooper Cole of any wrongdoing.
Clifford Work’s attorney, Howard Marks, feels differently.
"This is not an emergency situation,” said Marks. “The officer wasn't chasing some alleged suspect. This wasn't some heinous crime he was attempting to investigate. And what he does is he goes onto property that he shouldn't be on."
According to the report, Trooper Cole saw Work holding a pistol pointed at him. That is when the report says Cole feared for his life and the lives of the other officers.
Work’s attorney says the officers had no right to be on the property in the first place.
"It's very shocking that you can be in your own business in your own home and get shot. He was lucky, thank God, that he wasn't killed that night for doing nothing but being a hard working citizen,” said Marks.
Marks said he is preparing to file a lawsuit against Trooper Cole and the Florida Highway Patrol.
"After he was shot to the ground they dragged him out to the car. They had him handcuffed for a period of time like he was some animal,” said Marks.
Trooper Cole remains on the job.