Following an extensive review, our office has concluded that a male victim acted in lawful self-defense and was justified in his use of deadly force against 23-year-old Adrian Diaz on February 27, 2022. Our review determined that the victim was trying to leave Bello Bar & Kitchen when he was physically attacked by several people. The victim was thrown to the ground during the attack. The victim was able to pull out his firearm while multiple people were on top of him, still attacking him. The victim fired multiple shots, one of which hit and killed Adrian Diaz, one of his attackers. The victim—who is licensed to carry a firearm—initially left the area but then called 911 to report the incident, returned to the scene, and turned over his gun to law enforcement.
In reaching this conclusion, our office conducted an exhaustive review of all available evidence and applicable legal standards. These steps included but were not limited to:
- responding to the scene following the shooting
- reviewing interviews of witnesses
- examining physical evidence
- reviewing video evidence
- reviewing photographic evidence
- reviewing 911 audio
- analyzing autopsy results
- applying the applicable laws
The Tampa Police Department conducted the investigation, and a representative from the State Attorney’s Office responded to the scene. Investigators found that the victim went to the Bello Bar & Kitchen with his girlfriend. While inside, the victim had a verbal altercation with Kevin Zayas. During the verbal argument, Zayas’s friends began to crowd around the victim. The victim left the bar and went to his car. One of Zayas’s friends, Freddy Santiago, Jr., was captured on surveillance video arming himself with a glass and a butter knife. The victim later returned to the bar. Inside, Zayas immediately walked over to the victim and punched him. The staff of Bello Bar & Kitchen intervened and asked everyone to go outside.
Zayas and his friends followed the victim as he left the restaurant. Once outside, the victim was attacked by Kevin Zayas, Adrian Diaz, and Freddy Santiago, Jr. During the attack, Santiago threw the glass at the victim and stabbed at him repeatedly with the butter knife. After the victim was thrown on the ground, Diaz, Santiago, and Zayas all continued to climb on him and beat him. Desperate to get his attackers off him, the victim managed to pull out his handgun and fire it. The victim was able to get onto one knee and fired his gun one more time at his attackers, striking and killing Adrian Diaz. The victim left the area but called 911 to report the incident from a nearby intersection. After speaking with the 911 operator, the victim met with law enforcement and turned over his gun. The victim has a valid license to carry a firearm.
Bello Bar & Kitchen has several video cameras on its premises covering the inside and outside areas of the bar. The video footage inside the bar captures the initial interaction between the victim and Zayas. Video footage from the outside camera captures the entire incident that occurred outside the bar showing that the victim was attacked by multiple people and fired his gun in self-defense.
Freddy Santiago, Jr. provided a statement to law enforcement claiming that he was inside when the fight broke out and that he did not know who was involved in the fight. This is directly contradicted by the video footage showing that he was actively involved in the fight and that he had armed himself with two weapons before attacking the victim. Santiago is charged with one count of aggravated battery for his involvement in this incident. Zayas was charged with two counts of battery for his involvement in this incident. A witness who worked at the bar provided a statement further confirming that the victim was attacked by Santiago, Zayas, and Diaz.
The Hillsborough County Medical Examiner found that Adrian Diaz was killed by a gunshot wound to the head.
The name of the victim is being withheld due to Marsy’s Law.
After our thorough analysis, we have determined that the facts and evidence of this incident prove that the victim reasonably believed he was in fear of imminent death or great bodily harm when he used deadly force. These findings satisfy Florida Statute 776.012. Accordingly, under Florida law, there is no legal basis for criminal charges against the victim.
An initial release of materials related to this case is available at this link. These items illustrate the crime scene and key details of the case. Further documents related to the case, including additional photos, reports, and interview transcripts, are available to any member of the public subject to Florida’s Public Records Law; find details on making a request on the State Attorney’s Office Public Records page. Note that surveillance video is exempt from Florida’s Public Records Law under Statute 119.071(2)(d).