The murder charge has been dropped against the man accused in a shooting earlier this year that left one dead outside a popular nightclub in Orlando.According to the state attorney’s office, the charges have been dropped against Jean Gabriel Borja Gil de la Madr because the court is “unable to prove beyond a reasonable doubt” whether the “use of force” was justified. According to the Orlando Police Department, Gabriel Borja Gil de la Madr was engaged in an argument with the victim when police said he went to his car, retrieved a firearm and shot 33-year-old Julien Cruz.Julien Cruz was transported to a nearby hospital, where he later died, the OPD said. BackgroundThe incident occurred just after 2:30 a.m. in the 1900 block of North Orange Avenue, north of Lake Ivanhoe.When police arrived at the scene, they found Julien Cruz with a gunshot wound.Julien Cruz’s father, Anthony Cruz, said his son and partner were at Savoy enjoying the evening.”My son’s supposed to be burying me; I’m not supposed to be burying my son,” he said. “I’m numb. I can’t even cry no more. I’ve been crying all day.”An investigation revealed that the altercation that led up to the shooting took place on the sidewalk outside.Gabriel Borja Gil de la Madr was arrested, but Julien Cruz’s father and partner said there was another individual who actually pulled the trigger.Julien Cruz said the two were exiting Savoy after it closed when a car sped by, and Julien Cruz’s partner yelled at two people in it.He said they stopped, and one began fighting with Julien Cruz’s partner.”When they fought, my son saw that was happening, my son went to intervene, and when he intervened, another guy got out of the car, and he got shot,” he said. “My son didn’t deserve what happened. All I have left is a shirt. A shirt with a bullet hole. And this is just not cool.”

The murder charge has been dropped against the man accused in a shooting earlier this year that left one dead outside a popular nightclub in Orlando.

According to the state attorney’s office, the charges have been dropped against Jean Gabriel Borja Gil de la Madr because the court is “unable to prove beyond a reasonable doubt” whether the “use of force” was justified.

According to the Orlando Police Department, Gabriel Borja Gil de la Madr was engaged in an argument with the victim when police said he went to his car, retrieved a firearm and shot 33-year-old Julien Cruz.

Julien Cruz was transported to a nearby hospital, where he later died, the OPD said.

Background

The incident occurred just after 2:30 a.m. in the 1900 block of North Orange Avenue, north of Lake Ivanhoe.

When police arrived at the scene, they found Julien Cruz with a gunshot wound.

Julien Cruz’s father, Anthony Cruz, said his son and partner were at Savoy enjoying the evening.

“My son’s supposed to be burying me; I’m not supposed to be burying my son,” he said. “I’m numb. I can’t even cry no more. I’ve been crying all day.”

An investigation revealed that the altercation that led up to the shooting took place on the sidewalk outside.

Gabriel Borja Gil de la Madr was arrested, but Julien Cruz’s father and partner said there was another individual who actually pulled the trigger.

Julien Cruz said the two were exiting Savoy after it closed when a car sped by, and Julien Cruz’s partner yelled at two people in it.

He said they stopped, and one began fighting with Julien Cruz’s partner.

“When they fought, my son saw that was happening, my son went to intervene, and when he intervened, another guy got out of the car, and he got shot,” he said. “My son didn’t deserve what happened. All I have left is a shirt. A shirt with a bullet hole. And this is just not cool.”