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State Attorney Will Not Seek Charges In Nippers Killing

Rhema Thompson

After months of investigation, the State Attorney’s Office will not seek criminal charges against the man who fatally shot Zachariah Tipton at a popular Jacksonville Beach restaurant.

State Attorney Angela Corey said Friday that biker club member Kristopher Stone was justified in shooting and killing Tipton, also part of a biker club, in front of Nippers Beach Grille back in June.

"We realize it's been a long time coming," Corey said.

Since the summer, the family of Tipton - a 40-year-old father of three - has held several rallies demanding investigators release the identity of his killer. Corey said she spoke with Tipton's family a short time ago to explain the decision not pursue charges.

"Our finding,s in this case, were that Kristopher Stone was in imminent danger that night. He was being beaten by more than one person. He suffered numerous injuries...He was in fear for his life," she said.

Assistant State Attorney Brian Brady said surveillance video and hundreds of witness accounts indicate Stone was defending himself against Tipton and two others in an apparent biker gang scuffle over dues. The incident appeared to be "a coordinated attack," Brady said. 

"The guy on the ground - the shooter - was getting worked really hard," Brady said.

Stone is a recruit for the Iron Order Motorcycle Club. Tipton is a member of the Black Pistons Motorcycle Club, closely associated with the more widely recognized Outlaws Motorcycle Club. Investigators in the case said the group is classified as a criminal organization due to its history of violent and illegal activity.

The two-minutesurveillance video of the incident shows Tipton and two Black Pistons approach and then attack Stone and another recruit before Stone begins to shoot. The two other men with Tipton as well as other members of the Black Pistons, who were nearby, flee the scene without attempting to help Tipton.

Corey said Stone remained at the scene following the shooting until police arrived to answer questions. He suffered several injuries in the confrontation, including a broken nose, investigators said. Stone had a permit for the gun he used to shoot Tipton, Corey said.

A gun holster, two clips of ammunition and three pocket knives were found on Tipton, according to investigators. However, a gun was never found.

Corey said at this time, the State Attorney's Office is not pursuing any other charges against anybody involved in the incident.

"We closed the investigation for now. We consider it closed but if something were to come up we can always go back to this investigation if we can," she said.

You can follow Rhema Thompson on Twitter @RhemaThompson.

Rhema Thompson began her post at WJCT on a very cold day in January 2014 and left WJCT to join the team at The Florida Times Union in December 2014.