A Palm Beach Gardens teen is facing a first-degree murder charge after police found Josmar Castro dying of multiple gunshot wounds in a building on Forest Hill Blvd. Police were called to the scene after a vehicle crashed into the building.
Eighteen-year-old Alex Seay has been charged with first-degree murder for Castro’s death. Seay is also facing an attempted murder charge related to a stabbing in Jupiter over the summer.
The Stabbing
Seay was charged for a stabbing that occurred in Jupiter over the summer. He allegedly stabbed a man in the face and abdomen after an altercation broke out at a gas station. The victim was taken to the hospital in critical condition but survived the assault. The police report said the victim was a student, but his name or age has not been divulged. Seay was listed as a student at William T. Dwyer High School in Palm Beach Gardens at the time of the stabbing.
Seay told police that the man was jumping on his car and threatening to shoot him but that he did not see a gun.
Due in large part to both the coronavirus and Veterans’ Day, the case was not listed on the PBC docket. The only case on file at the present time is the stabbing incident at the gas station.
The Attempted Murder Charge
Attempted murder is prosecuted with the same sentence as first-degree murder. The prosecution must be able to show that the defendant acted with malice aforethought or made a decision to end someone’s life. The fact that you failed is not considered a justifiable defense under the law. Attempted first-degree murder charges generally require some form of planning. In other words, if you get mad because someone is jumping up and down on your car and you stab them, that would not constitute a plan.
In this case, Seay will be charged with attempted second-degree murder. While second-degree murder still requires malice aforethought, it doesn’t require “a plan”. It simply requires a decision to end someone’s life with malicious intent. While it may sound difficult to prove a suspect’s state of mind at the time of an assault, it tends not to be as hard as it sounds. Nonetheless, a second-degree attempted murder charge carries a maximum sentence of 15 years while an attempted first-degree murder sentence carries a potential death penalty and a strong likelihood that the defendant will not get out of prison. A minimum sentence would be something along the lines of five years.
The last wrench we can throw in this case is that the defendant may still face a first-degree attempted murder charge if there was an ongoing dispute between the two that finally got out of hand. Typically, cases like this involve some kind of gang activity.
Talk to a West Palm Beach Criminal Defense Attorney
The Skier Law Firm, P.A. represents those charged with serious crimes in Palm Beach County. Call our West Palm Beach criminal attorneys today to discuss your situation with someone who can help, and we can begin preparing your defense immediately.
Resource:
palmbeachpost.com/story/news/crime/2020/11/11/palm-beach-gardens-area-teen-charged-with-murder-after-shooting-near-greenacres/6249010002/