Florida’s Stand Your Ground regulation has been controversial since its inception. It was the topic of widespread debate following the homicide of Trayvon Martin in 2012, and since then, increasingly states have adopted in Florida’s footsteps passing related legal guidelines that seemingly permits people to make use of power in sure conditions with little-to-no consequence if the person feels they’re in any “affordable hazard.” Most not too long ago, the regulation was used to dismiss costs towards a Florida Uber driver who shot and killed a 19-year-old passenger, The Miami Herald reviews.
In accordance with the police report from Hollywood detectives, in 2022, Uber driver Christopher Bernadel informed investigators that he and the sufferer, passenger 19-year-old Miles McGlashan, had gotten right into a disagreement over McGlashan’s vacation spot.
Bernadel then walked towards the Barry College scholar, phrases have been exchanged and the passenger punched him within the head “a number of instances,” the driving force informed police. After retrieving a firearm from his waist, Bernadel shot McGlashan one time earlier than moving into his automotive, leaving and calling 911 minutes later round 7:30 p.m.
The report continues that police arrived to seek out McGlashan on the bottom bleeding subsequent to the Uber with gunshot wounds in his chest and decrease again. He was within the hospital for 71 days earlier than he was taken off of life assist in early January of this yr. Police by no means arrested Bernadel although Uber did take away him from the platform as a driver.
Making issues worse, there have been no witnesses to the capturing, police by no means up to date McGlashan’s household about an investigation, and the Broward State Lawyer’s workplace stated examination of McGlashan’s gunshot wounds was “restricted” due to life saving interventions carried out throughout surgical procedure.
Sadly none of that issues because the Broward State Lawyer’s workplace has declined to deliver prices towards Bernadel due to Florida’s Stand Your Gspherical regulation.
In a press release issued Wednesday, Broward State Lawyer Harold F. Pryor justified the choice to not pursue prices towards Bernadel after assembly with McGlashan’s household. “Florida’s Stand Your Floor Legislation requires prosecutors to evaluate the information and proof we obtain,” Pryor stated. “Whereas hearts and minds typically battle, prosecutors are tasked with and required by regulation to make sure there’s not solely possible trigger to assist a legal cost however that there’s additionally adequate proof to show that cost past each affordable doubt.”
McGlashan’s household now desires a state lawyer to look over the case so it may possibly probably be introduced earlier than a grand jury. Willard Shepard, an lawyer for the household, thinks Bernadel must be charged. “As soon as he obtained out of the automotive and pursued Mr. McGlashan, we imagine he must be thought-about the aggressor,” he stated.
