TAMPA – The man charged with second-degree murder in a road rage shooting in Tampa was denied bond.
Joel Moreno Cobo is accused of shooting and killing Dedrick Sykes, also known in Tampa’s nightlife as DJ Shy Guy, earlier this month.
A judge denied bond for Moreno Cobo on Monday.
The shooting happened on the evening of November 14.
According to the Tampa Police Department, the shooting on November 14 happened near E 5th Ave. and N 22nd St. in Ybor City. Witnesses told police the two drivers exchanged words after a traffic dispute. Within seconds, gunfire erupted, striking Sykes. He was taken to a hospital, where he later died.
Police say the gun was recovered from Cobo’s waistband at the scene.
According to court documents, Moreno Cobo told detectives that he was at a stop sign on E 5th Ave. at N 22nd St.
He reportedly told detectives that there was an SUV blocking the intersection, so he flashed his lights in hopes that it would move.
Court filings show Moreno Cobo told investigators he heard Sykes yelling profanities out of his Jeep, as he turned onto E 5th Ave.
Sykes allegedly stopped his Jeep in the road, got out and told Moreno Cobo to get out of his car as he walked towards it.
One witness who saw Sykes get out of his car told investigators that he heard gunshots about two seconds later.
Moreno Cobo allegedly told investigators he didn’t see any weapons on Sykes or hear him make any threats, but said he felt like Sykes was going to hit him.
According to court documents, Moreno Cobo told detectives he felt threatened because he didn’t know what Sykes was getting out of his Jeep to do.
Pre-trial detention hearing
Moreno Cobo had a pre-trial detention hearing on Monday morning. The state argued that Moreno Cobo was the instigator of the situation.
“The defendant was flashing his lights, honking his horn,” Scott Harmon, a prosecutor with the State Attorney’s Office, 13th Judicial Circuit, said. “He instigated this entire provocation, and when given every opportunity by homicide detectives to give a reason for why he shot the victim, that would fall under our Stand Your Ground laws and our self-defense laws here in the State of Florida, he indicated, ‘I was threatened by him’, or, ‘I thought he was going to do this’. ‘I thought he was going to do that’. No weapons displayed by the victim. The victim never got to the defendant’s car, never reached through the window. There is no forcible felony that he’s defending himself against. The victim is completely unarmed.”
A detective from the Tampa Police Department testified about the evidence collected, witness statements and statements from Moreno Cobo about the moment Sykes allegedly started approaching his car.
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“He said that he didn’t know what the guy was going to do, but it wasn’t to give him a hug,” Det. Heather Donahue, with the Tampa Police Department said.
What they’re saying:
The state focused on Moreno Cobo’s admission that he didn’t see any weapons on Sykes or hear him making threats.
“This isn’t a situation where the victim’s saying, ‘I’m going to kill you, I’m going to shoot you, I have something for you’, anything like that,” Harmon said.
The defense argued that Moreno Cobo still felt threatened in the situation, because he didn’t know what Sykes was going to do.
“What he is seeing at the time that he’s there, waiting, is the actions of this man getting out of his car, and what he’s saying is threatening to him, which would be threatening to anyone in that scenario,” the defense said.
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However, the judge questioned whether those actions justified the use of deadly force in this situation.
“At what point is someone able to defend themselves?” the defense said. “Do they have to see the gun? Do they go for their waistband? And he doesn’t have to get beat up to then be able to defend himself.”
Moreno Cobo’s attorney also said there’s no evidence that he got out of his car during the confrontation.
The judge granted the state’s motion for pre-trial detention. He said Moreno Cobo could possibly have a Stand Your Ground defense, but noted how quickly the incident unfolded.
“It does appear that the victim got out of the car, was out of the car when Mr. Cobo decided to use deadly force,” Chief Judge Hon. Christopher Sabella said. “But it just seems like the reaction was extremely quick.”
The backstory:
During Monday’s hearing, the state also brought up an incident involving Moreno Cobo earlier this year.
When asked during the hearing, the detective said a bullet shattered the door of a business in Ybor.
She said surveillance footage showed Moreno Cobo fighting with another man, who ‘appeared to be having a mental health crisis’.
The detective said Moreno Cobo told investigators that he was in his car when he saw the man act erratically and throw something across the road that hit his car.
The detective said surveillance video showed Moreno Cobo get out of his car and hit the man with a gun numerous times, until the man was on the ground. The detective says the gun discharged at one point, and the bullet shattered the door of the nearby business.
The defense pointed out that this incident happened months ago, and that Moreno Cobo hadn’t been arrested.
She said Moreno Cobo was also cooperative during this investigation.
That incident did factor into the judge’s decision to keep him in jail.
What’s next:
Moreno Cobo will remain behind bars for now.
His attorney can choose to file a motion for a Stand Your Ground hearing in the future.
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The Source: Information for this story was gathered by FOX 13’s Kylie Jones.