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Judge dismisses murder charge due to video
Set free after a year behind bars. A man was initially charged with murder for shooting another man, but a judge just set him free, because of Florida’s "stand your ground" law.
ORLANDO, Fla. - Set free after a year behind bars. A man was initially charged with murder for shooting another man, but a judge just set him free, because of Florida’s "stand your ground" law.
A judge on Thursday dismissed the second-degree murder charge against Rafael Villaverde, due to surveillance video in the case.
"When you think about ‘stand your ground,’ it's not the before. It is the position that the person is in at that point in time if they feared for their life and if what they did was to stop an immediate attack upon them," said David Thomas, professor of Forensic Studies, FGCU.
The shooting happened on August 6 at the Heritage Hotel on Orange Blossom Trail in South Orange County. According to court documents, Villaverde and another man, Dylan Jimenez, exchanged words before Jimenez turned around and fired his gun.
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In return, fearing for his life, Villaverde fired back, and Jimenez died from his injuries. His brother, Bryan Richardson, who was also at the scene, was shot and killed by deputies after being told to drop his gun.
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Body camera video released in deadly shooting involving Florida deputy
The Orange County Sheriff's Office on Friday released a video from a body camera video showing tense moments as they were responding to a shooting. The incident happened earlier this month after first responders were called to help a 21-year-old who had been shot at the Heritage Hotel.
Since the shooting, Villaverde has remained in jail. However, after Thursday's decision, he is now a free man.
"In this instance, he had a good attorney that sat down and took some time and looked at the case and evaluated the evidence," Thomas added.
In a statement to FOX 35 News, the attorney representing Ada Blaker, the mother of brothers said, "Ms. Blaker is devastated at having received the news of the judge's decision setting Rafael Villaverde free late last night. She understands the burden placed upon the judge but believes Dylan was absolutely acting in self-defense and that both her sons would still be alive had Villaverde not threatened and brandished a firearm at Dylan. She believes Florida's ‘stand your ground law’ was not justly applied here."