Nearly 20 months after Boca Raton police officer Michael Super fatally shot 39-year-old Morey Clemmons near City Hall, the Palm Beach County State Attorney's Office has ruled that his use of deadly force was legally justified. The office notified Boca Raton police of its decision on August 26, and the department says it will now launch its own administrative review of the case.
The December 18, 2024 shooting happened near 50 NW Second Avenue in downtown Boca Raton, just steps from both City Hall and Boca Raton Police Department headquarters, according to Hoodline's earlier reporting on the case. Clemmons died at the scene, per previous reporting on the incident. As reported by CBS12, the Florida Department of Law Enforcement conducted an independent investigation into the shooting and turned its findings over to the Palm Beach County State Attorney's Office for review.
Boca Raton police had previously identified Super, who fired his weapon during the encounter with Clemmons, as the officer involved but had not released details about what led to the use of deadly force, the station's report notes. Those specifics of the physical confrontation remain undisclosed even now that the criminal review has concluded, since police withheld detailed narrative accounts throughout the state investigation, as documented by The Coastal Star. Florida law enforcement agencies have been required since July 1, 2022, to report use-of-force investigation data quarterly to the Florida Department of Law Enforcement, according to FDLE.
Legal Standard Behind the Clearance
The prosecutorial determination rests on Florida Statute § 776.05, which holds that law enforcement officers have no duty to retreat when making a lawful arrest and are legally justified in using force they reasonably believe necessary to defend themselves or others from bodily harm, according to guidance from the Office of the Miami-Dade State Attorney. Boca Raton will conduct a separate administrative review of the shooting.
That distinction is why Boca Raton's administrative review proceeds separately from the criminal case now that it has closed. The administrative review will examine whether department policies and procedures were followed and will look more broadly at the circumstances surrounding the shooting, according to the department. Boca Raton Police Chief Jarad Phelps said the department remains committed to transparency and will continue to share information as the process moves forward, per the CBS12 report.
A Department in Transition
Phelps took the oath of office on July 30, bringing 30 years of law enforcement experience and naming homelessness and community trust among his top operational priorities, according to the City of Boca Raton. He stepped into the role less than a month before the State Attorney's findings were announced, following an interim leadership period after former Chief Michele Miuccio retired in March 2026 after more than 30 years of service, as Hoodline reported at the time. The Boca Raton Police Services Department employs 217 sworn officers and 110 civilian staff, serving Palm Beach County's second-largest municipality, per city figures.
Super had served with the department since 2019 and was not injured during the encounter with Clemmons, The Coastal Star reported in January 2025. Clemmons' family has said the 39-year-old struggled with long-term mental health challenges and homelessness despite being married and having two young children, according to WPBF-TV. That account has fueled a broader community conversation about how police interact with vulnerable residents — the same issue Phelps flagged as a priority when he took command.
According to Palm Beach County's Human Services Homeless and Housing Alliance, the annual Point-in-Time Count measures people experiencing homelessness on the streets and in shelters. A May 6, 2025 Palm Beach County Board of County Commissioners agenda referenced homeless outreach services and short-term on-demand emergency shelter services for people experiencing unsheltered homelessness.
A History of Prior Police Contacts
Court records reviewed by The Coastal Star show Clemmons pleaded guilty to aggravated assault on an officer following a July 2024 incident at a West Palm Beach Publix and served 60 days in jail. Two 2023 felony arrests for robbery and false imprisonment had resulted in no formal charges, the outlet reported. Months earlier, in September 2024, West Palm Beach police had issued a missing person alert for Clemmons before he was located safely the following month.
With the criminal question now settled, attention shifts to Boca Raton PD's internal process. The administrative review will independently evaluate whether departmental tactics, de-escalation protocols, and internal policies were followed — a separate bar from the criminal standard that just cleared Super of wrongdoing. No timeline for completing that review has been announced.
