Surveillance video helped prove Florida man’s ‘stand your ground’ claim, attorney says

Surveillance video leads to case dismissal

Newly-obtained video by FOX 35 shows the moments before an August 2022 shooting that left a man dead and later became the center of a "stand your ground" case. The shooting happened at the Heritage Hotel on Orange Blossom Trail in south Orange County. The video shows brothers Dylan Jimenez and Bryan Richardson walking toward the building's breezeway. Rafael Villaverde was standing nearby.

ORANGE COUNTY, Fla. - A newly obtained video by FOX 35 News shows the moments before an August 2022 shooting that left a man dead and later led to the dismissal of a second-degree murder charge against the shooter.

The shooting happened at the Heritage Hotel on Orange Blossom Trail in south Orange County.

The video shows brothers Dylan Jimenez and Bryan Richardson walking toward the building's breezeway. Rafael Villaverde is standing nearby.

According to court documents, Villaverde and Jimenez had a "brief verbal exchange" moments before Jimenez is seen turning around and firing.

The video confirms Jimenez was the first to fire his gun, with Villaverde returning fire shortly after.

In the judge's dismissal letter, he wrote the state tried to argue Villaverde provoked Jimenez to shoot at him. Still, the judge wrote, "There is insufficient evidence in the record to show… this exchange somehow provoked the use of force by Mr. Jimenez against [Villaverde]."

Florida Gulf Coast University (FGCU) professor of forensic studies and former officer David Thomas agrees.

"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," he said.

Mike Mann, the attorney representing Villaverde, shared with FOX 35 the following statement:

"We are thrilled that Rafael Villaverde is finally out of jail and home with his wife and children. While his family is excited to have him home in time for the holidays, he never should have been charged in the first place. Surveillance video clearly shows the encounter and that Mr. Villaverde was simply defending himself from deadly force after being shot twice before ever pointing his gun at his attacker. He spent 14 months in jail for a crime he didn’t commit, and we hope that this outcome will ensure that no other family will have to endure the hardships faced by Mr. Villaverde and his family."

Jimenez died from his injuries on the day of the shooting. Later, two deputies shot and killed his brother Richardson after telling him to drop a gun he had in his hand while they were treating Jimenez.

Albert Yonfa Jr., attorney for the mother of the two brothers, Ada Blaker, released the following statement:

"Ms. Blaker is devastated at having received the news of the judge's decision setting Rafael Villaverde free late [Thursday] 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."

Orange County Crime and Public Safety Orlando