Alcohol and anger never mix. Unfortunately, a young Marine is being accused of
murder for shooting his friend during a drunken argument.
A U.S. Marine reservist has been charged with first degree murder in the death of a friend. Police say they got into a drunken brawl. It is alleged that the Marine shot his friend in the back, according to police.
Police said the incident occurred at a strip club in Miami-Dade County. Police describe the friend as the aggressor. Reports state that the friend was ejected from the club for being unruly. Reports further state that the friend was causing problems with the Marine.
The Marine and his friend left the club. According to reports, the friend was being disruptive and aggressive inside of the Marine's car. The Marine pulled over to try to get his friend to calm down. Eventually, they got out and fought. That's when the Marine allegedely went to his trunk, got out a gun, and shot his friend in the back, police say.
First degree murder is the charge in this case because the police and prosecutors feel that the Marine premeditated, or contemplated in advance, the murder of his friend.
If it is determined that the crime was committed in the heat of the moment or without premeditation, the charge may be reduced to second degree murder.
However, we only know one side of the story at this point. It is possible that the Marine will have a defense under
Florida's Stand Your Ground Law if it can be shown that he was in fear for his life due to the actions of his friend.
Florida law permits the use of deadly force if you are placed in fear of imminent death or great bodily harm. If the Marine's friend did anything or took any action indicating that he was threatening the life of the Marine, the Marine may have been justified in shooting his friend.
First degree murder is a capital felony in the State of Florida. That means that if sufficient aggravating factors exist, the State could seek the death penalty. In this case, however, I seriously doubt that the accused Marine will be facing the death penalty.
First degree murder is the most serious criminal charge a person can face. However, Florida law does permit a person to preserve their own life. In any case involving a dispute between two people, it is critical for a
criminal defense attorney to examine whether the accused has a valid self-defense claim. It can be the difference between freedom and liberty. Or in a capital case, the difference between life and death.
Murder is a
non-bondable offense. Those charged with murder often remain in jail while charges are pending.
If you have a loved one who is facing murder charges, you need the best defense possible. I represent clients charged with serious felony offenses in Miami-Dade and Broward and have been to
trial in murder cases.
If you have a family member or friend who has been charged with murder in Miami-Dade County or Broward County,
call me to discuss the matter confidentially.