Florida’s Stand Your Ground legislation has been controversial since its inception. It was the topic of widespread debate following the homicide of Trayvon Martin in 2012, and since then, an increasing number of states have adopted in Florida’s footsteps passing related legal guidelines that seemingly permits people to make use of drive in sure conditions with little-to-no consequence if the person feels they’re in any “affordable hazard.” Most just lately, the legislation was used to dismiss costs in opposition to a Florida Uber driver who shot and killed a 19-year-old passenger, The Miami Herald stories.

In accordance with the police report from Hollywood detectives, in 2022, Uber driver Christopher Bernadel informed investigators that he and the sufferer, passenger 19-year-old Miles McGlashan, had gotten right into a disagreement over McGlashan’s vacation spot.

Bernadel then walked towards the Barry College pupil, phrases have been exchanged and the passenger punched him within the head “a number of occasions,” the driving force informed police. After retrieving a firearm from his waist, Bernadel shot McGlashan one time earlier than stepping into his automotive, leaving and calling 911 minutes later round 7:30 p.m.

The report continues that police arrived to seek out McGlashan on the bottom bleeding subsequent to the Uber with gunshot wounds in his chest and decrease again. He was within the hospital for 71 days earlier than he was taken off of life assist in early January of this 12 months. Police by no means arrested Bernadel although Uber did take away him from the platform as a driver.

Making issues worse, there have been no witnesses to the taking pictures, police by no means up to date McGlashan’s household about an investigation, and the Broward State Lawyer’s workplace stated examination of McGlashan’s gunshot wounds was “restricted” due to life saving interventions carried out throughout surgical procedure.

Sadly none of that issues because the Broward State Lawyer’s workplace has declined to carry expenses in opposition to Bernadel due to Florida’s Stand Your Gspherical legislation.

In an announcement issued Wednesday, Broward State Lawyer Harold F. Pryor justified the choice to not pursue expenses in opposition to Bernadel after assembly with McGlashan’s household. “Florida’s Stand Your Floor Regulation requires prosecutors to evaluate the details and proof we obtain,” Pryor stated. “Whereas hearts and minds typically wrestle, prosecutors are tasked with and required by legislation to make sure there’s not solely possible trigger to assist a prison cost however that there’s additionally enough proof to show that cost past each affordable doubt.”

McGlashan’s household now needs a state legal professional to look over the case so it might presumably be introduced earlier than a grand jury. Willard Shepard, an legal professional for the household, thinks Bernadel must be charged. “As soon as he acquired out of the automotive and pursued Mr. McGlashan, we imagine he must be thought-about the aggressor,” he stated.