Following an extensive review, our office has concluded that a 16-year-old male victim acted in lawful self-defense and was justified in his use of deadly force against a 15-year-old male (“Juvenile 1”) on August 6, 2021. Our review determined that the victim was attacked by a group of individuals while he was walking home alone. The victim had a prior conflict with this group. As three individuals approached the victim, one of them swung his fist at the victim. The victim had a pocketknife and swung back with the knife. Juvenile 1 then approached the victim and attempted to swing his fist. The victim swung the knife and struck Juvenile 1 in the neck area, which ultimately caused his death. The victim retreated and one of the individuals in the group retrieved a firearm and shot at least once in the direction of the victim. 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:
- reviewing police reports and the investigation of the Tampa Police Department
- reviewing interviews of witnesses
- examining physical evidence
- reviewing video surveillance evidence that included audio of the event
- reviewing photographic evidence
- analyzing autopsy results
- reviewing social media posts and photographs
- applying the applicable laws
The Tampa Police Department conducted the investigation. Investigators determined that the victim was walking alone on the sidewalk along Sligh Ave. at 3:05 a.m. on August 6, 2021. The victim heard a vehicle pull up behind him and noticed the vehicle driving the wrong way on the road. The vehicle stopped immediately beside the victim on the roadway. Three individuals exited the back seat of the vehicle. The victim immediately recognized two male subjects, Juvenile 1 and another male, and felt they were about to initiate a physical fight with him based on prior encounters. The victim armed himself with a knife he was carrying in his pocket. As one of the individuals approached and swung his fist, the victim swung his knife, cutting the attacker. At that time Juvenile 1 came toward the victim and swung his fist. The victim swung the knife, cutting Juvenile 1 on the neck. The victim then ran away from the incident. As the victim ran away, someone from the vehicle armed themselves with a handgun and fired toward the victim. Juvenile 1 was taken to the hospital by the other individuals where he was pronounced deceased by hospital staff.
Two video surveillance clips were located from nearby businesses. The first video showed the vehicle which carried Juvenile 1 making a U-turn upon seeing the victim on the sidewalk. The other individuals in the vehicle confirmed that the vehicle made the maneuver to confront and fight the victim. Another video captured the vehicle stopping near the victim. This video also had audio and voices can be heard yelling and arguing. The video did not capture the actual fight but did confirm that after Juvenile 1 yelled that he was bleeding the victim ran away from the incident. The video and audio also captured one of the individuals firing a gun toward the victim as he ran away.
Through the investigation it was learned that the individuals that attacked the victim had an ongoing dispute and had previously tried to fight the victim. One week prior to this incident, the individuals, including Juvenile 1, sent the victim a photograph posing on the victim’s porch, without his knowledge, with a firearm. The picture had a caption that read, “Brining Smoke to Ya Front Door Son Son.” This prior incident gave the victim a reasonable belief that he was going to be attacked when the individuals surprised him the morning of August 6. Witnesses confirmed that the individuals had an ongoing dispute with the victim and they had attempted to physically fight him in the past.
Three of the individuals in the vehicle gave interviews to law enforcement. Two of the individuals gave initial false statements to law enforcement about the location of the incident. They later changed their story and provided accounts of what occurred. They confirmed that the vehicle stopped so they could fight the victim. They also confirmed that someone fired a gun toward the victim as he ran away.
One shell casing was recovered from the scene. However, no firearm was recovered. The knife used by the victim was never recovered. The victim stated he left the knife at a friend’s house after the incident.
The Hillsborough County Medical Examiner’s Office found that Juvenile 1 died because of a stab wound to the neck/chest area with perforation to the right jugular vein.
The name of the victim is being withheld due to Marsy’s Law, as he is the victim of an aggravated assault by the deceased and the other individuals. The names of the other individuals are being withheld because they are under the age of 18.
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.
Our office typically includes an initial release of materials when publishing a use of deadly force review; that is not possible in this case because the materials involve juvenile offenders. Under Fla. Statute 985.04, evidence in juvenile criminal matters is exempt from release. Under Florida’s Public Records Law, any member of the public can make a request. Find details on making a request on the State Attorney’s Office Public Records page.