WSVN reports that Hialeah Police have released surveillance footage, which allegedly shows a man being shot while trying to repossess a car.
While a repo man was attempting to repossess the accused's car, it is alleged that the accused shot the repo man, striking him in the torso.
Police said that the accused jumped into his car while it was being towed and shot a 9mm pistol at the repo man and his wife.
The accused was arrested and has been charged with two counts of attempted second-degree murder. Police said he did not make his payments on the car and was fully aware that it was being repossessed.
Since a firearm was involved, 10-20-Life will apply.
The State will have to prove beyond a reasonable doubt that the accused knew that his car was being repossessed. Otherwise, the accused man have a defense, arguing that he believed that his car was being stolen.
However, you cannot use lethal force to prevent the commission of a theft crime. You may only use lethal force to defend your life, the life of another, or to prevent the commission of a forcible felony.
A viable defense would exist if the accused was inside of his car when the repo man tried to take it. Then, the accused could claim that he believed that he was the victim of a carjacking and he used lawful self-defense, applicable under Florida's Stand Your Ground Law.
However, these defenses are extremely fact-specific. A good criminal defense attorney will take depositions of the alleged victims to find out where they were when they first encountered the accused. If the alleged victims were hooking up the car to a tow truck when the accused came out of his house with a gun, then the defense is weak because you cannot use lethal force to prevent a perceived theft crime.
If the accused was inside of his car and the repo man tried to get him out or tried to get in the car, then the defense may work.
I have represented clients charged with attempted murder. This charge is very serious and can result in prison time. I have been very successful in defending clients charged with attempted murder. Feel free to ask me for more information on specific case results, but understand that the results of other clients' cases may not be the results I can attain for your case.
I represent clients in Miami-Dade and Broward. I am a former prosecutor. Contact me today to discuss your case.