Crime victim counting on ‘Stand Your Ground’ defense faces felony charge
Source: WPLG
Man who foiled attempted robbery at Kendale Lakes BB&T Bank ends up being arrested
KENDALE LAKES, Fla. – Christopher Luis defended himself from three armed robbers in February in Miami-Dade County. He suffered gunshot wounds to his left bicep and right hand and doctors treated him at the Kendall Regional Medical Center, police said.
Surveillance videos show Luis fatally shot a gun-wielding 16-year-old boy, police said. Prosecutors cleared Luis of murder and manslaughter charges stemming from the Feb. 13 shootings in Kendale Lakes and charged him with aggravated battery with a deadly weapon, according to the Miami-Dade State Attorney’s Office.
Attorney David Weinstein, a partner in the litigation practice group at Jones Walker in Miami, saw the surveillance videos the Miami-Dade Police Department released Tuesday in Luis’ case The Miami-Dade Police Department released two videos Tuesday showing Christopher Luis’ actions on Feb. 13.
“He was entitled to meet their force with firearms with the equal amount of force, so he was within his right to stand his ground and use deadly force against the people who were trying to rob him,” said Weinstein, who served as both a federal and state prosecutor and who is not related to Luis’ case.
After reviewing the evidence, detectives found Luis was involved in two shootings at a drive-through ATM outside of a BB&T Bank. The second shooting changed the nature of the case for both detectives and prosecutors.
The 1st shooting: Gunfire exchange
Luis was wearing a black and white “Gun Club” shirt with two large firearm icons. He was driving a white Chevrolet Silverado pickup truck. And when he saw the armed robbers’ reflection on his rearview mirrors, his gun was within reach.
Surveillance video from the bank at Southwest 137th Avenue and Southwest 88th Street shows Nimikae Clarke, 16, walking close to Luis’s driver’s side window, police said. Detectives identified the attempted armed robbery suspect close to the passenger’s side window as D’Angelo Davis, then 17.
Another video shows Luis moved quickly to defend himself.
Stanely Al Clark Jr., then 18, was hiding behind a nearby wall that divides the bank from the street, records show. Detectives said Clark and D’Angelo shot at Luis and ran away. Nimikae fell near the ATM bleeding. Luis jumped out of the car, took Nimikae’s gun, and he drove away, police said.
The 2nd shooting: Shooting teen
The videos from the bank’s surveillance cameras show Luis returned to the bank’s drive-through area about four minutes later after foiling the attempted robbery, police said.
Without getting out of his truck, he used Nimikae’s gun to shoot him again, police said. As he fired the weapon at least 10 more times, he was on the phone reporting he was being shot at by assailants, according to the arrest warrant.
Officers found the teenage boy dead and released a flyer on Feb. 17 asking the public for information on the fatal shooting. The teen had just been reunited with his mother after spending nearly two years in a juvenile correctional facility.
Criminal charges: 3 arrested
Officers arrested Clark on Feb. 24, Davis on June 14, and Luis on April 22.
Luis has a hearing scheduled in the aggravated battery with a deadly weapon case on Aug. 12, according to the Miami-Dade State Attorney’s Office.
Davis, now 18, and Clark, now 19, are both facing charges of second-degree murder, attempted murder with a firearm, and attempted robbery with a firearm.
Detectives working on a narcotics investigation on June 14 in Miami-Dade’s Perrine neighborhood ran into Davis, who was armed with a stolen black Glock 43X, according to the arrest form. Prosecutors filed a second case against him on June 15, so Davis is also facing two felony charges of illegally carrying a concealed firearm and third-degree grand theft.
Davis and Clark are both being held without bond. Miami Dade Corrections & Rehabilitation records show Clark is not being held in a Miami-Dade facility and Davis is at the Metrowest Detention Center in Doral.
How We Can Help
If you, a friend or a family member find themselves in a situation such as this, please call the Law Office of Scott A. Ferris, P.A. at 305 670-3330 right away. Scott A. Ferris, Esq. is a licensed attorney who has been practicing law for 34 years. He is available whenever you need him to defend your rights. Please learn about our firm at www.FerrisLawFirm.com.
Republished by the Law Office of Scott A. Ferris, P.A.