A 19-year-old is facing a murder charge after an incident outside of Starbucks led to a fatal shooting. The 19-year-old told police that the victim began banging on his window violently. However, those at the scene said that the 19-year-old had cut the victim in line.
The victim was found shot multiple times in a Chevy Silverado. He was taken to the hospital but died of his injuries. The shooter fled the scene but was later arrested.
The victim, in a Chevy Silverado, got out of his truck and began approaching a Nissan Versa. He appeared to pull on the door handle and strike the window with his hand. Nothing happened, so the victim turned around and went back to his truck. That’s when the 19-year-old began shooting.
A police drone was later able to find the shooter, his vehicle, and his place of residence. He told police that the victim came up to his vehicle and began beating on the window for an unknown reason. However, witnesses say that the victim was angry because the Nissan Versa had cut off his truck in line. The shooter told police that the victim had ripped the door handle off of his vehicle. The shooter said that his girlfriend was yelling at the man that they had a baby in the car. But when the victim walked away, that’s when the shooter fired.
He later told police that he didn’t know what the victim had in his car and was just defending his baby. However, even in Florida, that defense will fail.
Stand your ground and defensive shootings
They say that the best defense is a good offense, and when it comes to guns, they certainly have a point. He who fires first fires best. But the law places certain strictures on those who would use deadly force in defense of themselves, others, or property. Florida has among the country’s laxest rules. The mere assertion of a stand-your-ground defense requires a stand-your-ground hearing during which the prosecutor must prove that the shooter was not in fear of their own life.
However, that fear must be immediate. It cannot be several steps away in a chain of events that has yet to unfold. If someone shows up at your house claiming that they’re going to kill you, you cannot end their life on that basis. If someone shows up at your house waving a gun around and it appears that they might kill you, then you have a viable stand-your-ground defense.
Since the victim was in retreat at the time of the shooting, the shooter had several options rather than to fire, including holding the man there until police arrived to prevent the victim from acquiring a weapon in his vehicle. However, if the gun was illegally registered, then he was just as likely to face charges as the victim.
Talk to a West Palm Beach Criminal Defense Attorney
If you’ve been involved in a shooting or are facing weapons charges, call the West Palm Beach criminal defense attorneys at The Skier Law Firm, P.A. today and allow us to begin preparing your defense immediately.