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Amy B Wang
Generalist journalist covering national and last-minute news
A municipal official in central Florida has been charged with second degree murder after firing at a military surplus store he owns, authorities said.
In accusing Commissioner Michael Dunn of Lakeland City of the murder charge, a grand jury effectively rejected Florida's law as a possible defense of the commissioner's actions, although the argument that Dunn acting in self-defense, is likely to return to court. , officials said.
Dunn was arrested on October 3 after police reacted to his case, the Vets Army and Navy Surplus store in Lakeland, where he reportedly stated that a man had tried to steal a small hatchet in the store, said the Lakeland Police Department.
The alleged thief, 50-year-old Christobal Lopez, was found shot and wounded at the entrance to the store and was declared dead at the scene, police said.
According to the police, Dunn was quoted as saying that Lopez had entered the store with his father and then tried to pick up and hide a hatchet while the father was making a purchase.
"Dunn stopped Lopez asking him if he was going to pay for the article and a confrontation ensued," police said. "Dunn then shot with his weapon, hitting Lopez, who was still in possession of the hatchet."
Police said they interviewed Dunn, Lopez's father, and two employees who worked at the store at the time.
On October 15, police also broadcast several surveillance videos in Dunn's surplus military equipment store, gripping the left sleeve of Lopez's shirt as he tried to exit through the store's entrance.
Moments later in the video, when we see Lopez grabbing the door handle, Dunn raises his gun and shoots Lopez into the upper left torso. Lopez falls face down, while Dunn moves to the right, partially obstructing the view of what happens next in the video.
However, soon after, Lopez's body stops moving. As Dunn goes outside, one can see a puddle of blood forming under Lopez's body. On the ground, just on the top right of Lopez's body, is a small hatchet.
Michael Dunn (Polk County Sheriff's Office)
Dunn is being held in Polk County Prison without any bail, officials said. Dunn was taken into custody by his lawyer's office and cooperated, Lakeland Police Chief Larry Giddens told reporters on Friday.
Dunn's lawyer, Rusty Franklin, did not immediately respond to a call and a message sent to his website requesting a comment Saturday. However, Franklin previously told other local news outlets that Dunn was justified in shooting at Lopez because Lopez was "wielding an ax".
On Friday, Franklin told WTSP News that he would continue to "vigorously assert Mr. Dunn's legitimate right to self-defense."
"This situation was created not by Michael Dunn," Franklin told the television channel. "Someone chose to fly to the display."
According to CNN, an affidavit of probable cause indicated that while Lopez and Dunn were struggling, the hatchet fell on Lopez's leg. Lopez reportedly offered to pay for the hatchet but then tried to flee the shop, the police said.
"At no point does the victim appear to have threatened the suspect in a threatening manner," the affidavit said, according to CNN.
At a press conference on Friday, Brian Haas, state prosecutor of the 10th judicial circuit of Florida, did not justify his actions.
The law gained notoriety and national attention after George Zimmerman used it to assert that it was justified to shoot Trayvon Martin, 17, in Sanford, Florida, in 2012. In Under the law, a person is allowed to use lethal force if she thinks that it is necessary "to prevent imminent death or serious injury to oneself or to others, or to death." prevent imminent commission of a crime of force ".
"There has been so much discussion about the facts of this case and the application of the Stand-Your-Ground Act," said Haas. "I really think that these questions will be submitted to a judge for a hearing. But let me be clear: my office's policy is to comply with the Stand-Your-Ground Act. However, I have determined that this case and Mr. Dunn's actions do not fall within the protection of the Stand-Your-Ground Act.
Haas stated that Dunn's position as municipal commissioner did not affect his decision to bring the case to a grand jury.
"What I can tell you is that the grand jury carefully examined the evidence presented to them and did their work. That's what we're going to do, "said Haas. "[Dunn] was an owner of a store that, through this set of facts, this killing occurred. It's not something we see every day. "
According to his biography, Dunn took office as commissioner in January and represents the southwestern district of Lakeland. He has been president of the Lakeland Code Enforcement Board and graduated from the Lakeland Citizens Police Academy.
Police described Lopez as a passenger, according to the Tampa Bay Times. Her sister, Veronica Lopez, told the newspaper she was not violent.
"My brother does not have to be killed like an animal," she told The Times.
Giddens, the police chief, defended the lengthy investigation into the case, claiming that the ministry had submitted an affidavit of complaint to the public prosecutor's office, just nine days after the shooting.
"The process was one that was treated with the utmost care, as all investigations must be," said Giddens in a statement Friday. "Although this survey took longer than some people would have liked, we had an obligation to do it properly and that is what we will always do so that the citizens of this community can continue to have the trust and trust we have. have won in recent years. "
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