Local 10 reports that an 80-year old Miami man has been charged with first-degree murder after his wife was found fatally shot Thursday in an alleyway in Little Havana.
The alleged victim was 81.
Miami police had gone to an alley at 520 SW 14th Ave. after witnesses flagged them down and said they saw an elderly man dragging an elderly woman there.
According to the arrest affidavit, the officers heard a gunshot as they arrived and then saw the accused walking out of the alley, holding a handgun. Officers ordered him to drop the gun, and he obeyed, police said.
The accused supposedly made statements, as well as provided a confession to police.
First-degree murder is the most serious offense that somebody can be charged with in the State of Florida. It is a non-bondable offense. It also carries mandatory life sentence if convicted. If sufficient aggravating factors exist, first-degree murder may a death penalty case.
Obviously it is too early to know what happened. The police and State Attorney's Office will conduct their investigation and charges, if any, will be filed at arraignment. Although based on the evidence so far, it is very likely - if not almost certain - that charges will be filed.
However, the fact that the accused is 80-years old will be a factor to be considered in plea negotiations. Regardless, even a 10-year prison sentence is likely to be a life sentence for this man.
Eric Matheny is a criminal defense attorney serving Miami-Dade and Broward. Call today to discuss your case.