Editor's note: In a previous version of the story, WPTV reported that a spokesperson from the sheriff's office said it wasn't aware of the issue with the gun. After publication, the spokesperson said the department was aware of the issue and bought the guns with the fix.
An Indian River County Sheriff's deputy is suing a gun manufacturer after his department-supplied gun, a Sig Sauer P320, shot him in the leg without him pulling the trigger.
A potential fix to the weapon existed since August 2017, according to his lawsuit. Yet, his weapon didn't receive the updates even though the Indian River County Sheriff's Office said it started to use the defected gun in 2021.
Region Indian River County
Indian River County Sheriff's Office switches firearms after deputy hurt
Joseph Abollo, who is a captain and spokesman for the Indian River County Sheriff's Office, said the department switched over to the Sig Sauer P320 after Eric Flowers became sheriff in 2021.
He said the department bought the guns with the fix, although the deputies' lawsuit said the gun didn't receive the fix.
The law enforcement agency said on Monday it will switch the firearm it provides to employees due to the incident, which will cost about $136,000 for 370 guns and holsters.
The Indian River County Sheriff's Office is not a defendant in the lawsuit as of Monday. But Deputy Zachary Seldes is suing Sig Sauer, Inc. and a department supplier named Dana Safety Supply.
WPTV contacted each party but hadn't heard back as of publication.
Nicholas Phillip-Yalley, who is a firearms instructor at Guns and Range Training Center in West Palm Beach, said the Sig Sauer P320 is "one of the most popular handguns on the market." He said the fixes for the weapon are well-known and if it didn't occur, he described it as "an accident waiting to happen."
"If I see the larger trigger, I'm not going to touch the gun," Phillip-Yalley said.
He said the box also comes with a notice warning users about the issue, which the company describes as a "voluntary upgrade."
Seldes' lawsuit argues Sig Sauer hid the problem for years and then didn't issue a mandatory recall in the filing, which was made in October 2023.
"Maybe it shouldn't have been voluntary," Phillip-Yalley opined.
Okeechobee and Palm Beach County sheriff's offices, along with the Boca Raton Police Department and Boyton Beach Police Department, said they do not use the Sig Sauer P320.
WPTV contacted other law enforcement agencies on the issue and hasn't received a response.
