Tampa police say they presented evidence from the Sept. 20 shooting to the Hillsborough State Attorney’s Office. Here’s what they say happened on that day.
TAMPA, Fla. — A man who was involved in the deadly shooting of a Tampa teen won’t face criminal charges, officials say.
The Tampa Police Department said it presented evidence from the Sept. 20 shooting to the Hillsborough State Attorney’s Office, which determined that no charges will be filed because it “would be unable to successfully refute a claim of self-defense pursuant to Florida State Statute 776.012(2),” also known as the state’s “Stand Your Ground” law.
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On that Sunday, the teen reportedly realized that he lost his cell phone after leaving a local establishment. Police say he and his two friends used tracking technology to find the general area of the device, which indicated that it was in the area of River Willow Place.
The group entered the community through an open gate, leaving their truck in the middle of the roadway to try and find the phone. After being asked by a community member to move their truck, police say the group went door-to-door asking residents if anyone had the phone.
Police say the group then went into the backyard of a home after the resident, a man in his mid-20s, didn’t answer the door. They proceeded to enter the back patio of the home and started banging on the sliding glass door.
The man told investigators that he put on a mask and armed himself to scare off the group. As the two friends fled the scene, police say a physical altercation happened just outside the enclosed patio between the 15-year-old and the man.
Police say the man was “placed in a headlock and feared for his life” during the altercation, at which point a single round was discharged from the gun, striking the teen.
The boy was pronounced dead at the scene. Police say the man, who was not identified, fully cooperated with the investigation.
The firearm was secured as evidence. Investigators say the teen’s phone was not inside the home and has yet to be found.
The police department did not identify the 15-year-old, but 10 Tampa Bay News previously spoke to a mother whose son was friends with the teen. She identified him in the interview as Heitor, also referred to as Hector.
“We have to unite and fight for justice for Hector and make sure that the truth is told truthfully,” Yessenia Gonzalez previously told 10 Tampa Bay News. “And not let a person like this get away with murder.”
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What is Florida’s Stand Your Ground law?
Under Florida law, a person may use deadly force when they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or another person, or to prevent the imminent commission of a forcible felony. The law also provides that a person meeting those conditions generally has no duty to retreat if they are legally present and not engaged in criminal activity.
The law does not automatically make a shooting lawful simply because it occurs in a situation where self-defense is claimed. Investigators must determine the circumstances surrounding the use of force.