A Hialeah man died reportedly during an argument over a cigarette. Police have arrested and charged a 29-year-old man for second-degree murder
Hialeah police reported that the accused got into a fist fight with the 54-year-old alleged victim at an assisted living facility. Assisted living facilities (ALFs) provide housing and care to people with special emotional and psychiatric needs.
Police report that both men began to hit each other with chairs, which caused the 54-year-old alleged victim to fall to the ground.
Police further report that the accused allegedly continued to beat the man's face and torso areas. When police arrived, the 54-year-old man was unresponsive and "bleeding from the face," the report states.
The Miami-Dade Medical Examiner ruled the 54-year-old's death a homicide. The accused was transported to jail.
The accused appeared before a judge Friday morning where he was denied bond, as second-degree murder is a non-bondable
offense in the State of Florida.
This case will pose interesting questions for the criminal defense attorney
involved. My first inclination is that the accused may suffer from a mental defect which may have led to this violent altercation. I suspect this because the accused resided at an ALF. His medical and psychiatric history will play an important role in this case.
If the accused suffers from a mental deficiency, then a downward departure
by the court may permit a lesser sentence for the accused. Criminal lawyers can file motions for downward departure when the accused suffers from a mental deficiency for which he or she requires special treatment.
I have handled many cases dealing with clients who have required psychiatric or psychological treatment. Our justice system aims to treat those who suffer from mental illness as opposed to simply locking them up in prison.
If you or a loved one have been charged with a crime where there may be an issue related to the accused's mental status, call me
. I have experience with these matters and I am eager to help.