{"id":303468,"date":"2026-06-11T03:29:25","date_gmt":"2026-06-11T03:29:25","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-fl\/303468\/"},"modified":"2026-06-11T03:29:25","modified_gmt":"2026-06-11T03:29:25","slug":"hes-justified-attorney-speaks-after-murder-charge-dropped-in-shooting-outside-orlando-nightclub","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-fl\/303468\/","title":{"rendered":"&#8216;He&#8217;s justified:&#8217; Attorney speaks after murder charge dropped in shooting outside Orlando nightclub"},"content":{"rendered":"<p>\n\t\t\t\t\t\t\t\t\t\t\t\t\tFUTURECAST HOUR BY HOUR. COMING UP HERE AT 1017. I\u2019LL SEE YOU THEN. SEE YOU THEN, TONY. TONIGHT THERE\u2019S NEW DEVELOPMENTS IN THE CASE OF A MAN ACCUSED IN A DEADLY SHOOTING OUTSIDE A POPULAR NIGHTCLUB IN ORLANDO. THE STATE DROPPED THE MURDER CHARGE AGAINST JOHN BORJA GIL DE LA MADRE. WESH 2\u2019S PAOLA GAIL PASCHALL-BROWN IS LIVE OUTSIDE SAVOY, ORLANDO, WHERE THAT SHOOTING HAPPENED EARLIER THIS YEAR. GAIL ABSOLUTELY. A CRIMINAL DEFENSE ATTORNEY, MARK O\u2019MARA, ACTUALLY FILED A MOTION YESTERDAY TO DISMISS THAT SECOND DEGREE MURDER CHARGE OF THE SHOOTING THAT HAPPENED IN FEBRUARY OF 2026. OUTSIDE HERE IN THE ORLANDO SAVOY. NOW, TODAY, THE STATE ATTORNEY\u2019S OFFICE FILED A NOTICE THAT THE CASE WAS BEING DROPPED. THE MURDER CHARGE AGAINST JOHN GABRIEL BORJA GIL DE LA MADRE HAS BEEN DROPPED. THE STATE ATTORNEY\u2019S OFFICE SAYS THE COURT COULD NOT PROVE IT WAS IN SELF-DEFENSE. BORJA\u2019S ATTORNEY, MARK O\u2019MARA. HE UNDERSTANDS THE TRAGEDY OF HAVING TO CAUSE THE DEATH OF ANOTHER HUMAN BEING THAT CAN LIVE WITH HIM FOR THE REST OF HIS LIFE. AS IT TURNS OUT, FROM ALL THE EVIDENCE WE WERE ABLE TO GET, IT WAS WHAT WE CALL A JUSTIFIED SHOOTING. TRAGIC AS IT IS, AND HE JUST WANTS TO GET BACK TO HIS LIFE. BORJA TURNED HIMSELF INTO THE JAIL SEVERAL HOURS AFTER THE EARLY MORNING, FEBRUARY 22ND SHOOTING THAT TOOK THE LIFE OF JULIAN CRUZ OUTSIDE THE SAVOY, A POPULAR GAY NIGHTCLUB IN ORLANDO. POLICE SAY THE TWO GOT INTO AN ARGUMENT AND BORJA WENT TO HIS CAR, RETRIEVED A GUN AND SHOT CRUZ. WHEN WE FINALLY GOT THE VIDEO ENHANCED, THE REAL QUESTION WAS WHO DID WHAT? RIGHT AT THE DOOR OF THE CAR. IF HE GOT IN HIS CAR TO LEAVE AND THEY OPENED THE CAR DOOR, WHICH IT TURNS OUT THEY DID, THEN HE\u2019S JUSTIFIED IN USING DEADLY FORCE. HIS GUN BECAUSE BREAKING INTO A CAR, OPENING THE DOOR IN A CAR THAT I\u2019M SITTING IN, THAT\u2019S A FORCIBLE FELONY. MARK O\u2019MARA SAYS POLICE MISSED BORJA\u2019S GUN AND HIS BLOODIED PANTS AT THE HOUSE, WHICH O\u2019MARA HANDED OVER TO ORLANDO POLICE. SO THE BLOOD ON THE PANTS, VERY SIGNIFICANT, SHOWED WHAT AGAIN? IT SHOWED. WELL, THE BLOOD ON MY GUY\u2019S PANTS WHEN HE HAS TO SHOOT AND THERE\u2019S BLOOD COMING. MEANING THE GUY HE SHOT WAS INSIDE THE CAR WHEN HE SHOT HIM. THEY IDENTIFIED AS THEY SERVED THAT IT WAS A LEGITIMATE SHOOTING. MARK O\u2019MARA, A VETERAN CRIMINAL DEFENSE ATTORNEY, IS A FORMER PROSECUTOR. PROSECUTORS ARE NOT SUPPOSED TO TRY A CASE THAT THEY DON\u2019T BELIEVE ETHICALLY, THAT THEY WILL GET A CONVICTION. AND I THINK THE PROSECUTION TEAM LOOKED AT THIS CASE AND SAID, WE WILL NOT AND CANNOT GET A CONVICTION, AND I DON\u2019T THINK THEY WOULD HAVE. SO I THINK IT WAS THE RIGHT DECISION. I ALSO REACHED OUT TO JULIAN CRUZ\u2019S FATHER, ANTHONY CRUZ, TO SEE WHAT HE HAD TO SAY ABOUT THIS MURDER CHARGE BEING DROPPED. WE ARE STILL WAITING TO H\n\t\t\t\t\t\t\t\t\t\t\t<\/p>\n<p>&#8216;He&#8217;s justified:&#8217; Attorney speaks after murder charge dropped in shooting outside Orlando nightclub<\/p>\n<p>\t\t\t\t\t\t<img decoding=\"async\" src=\"https:\/\/www.newsbeep.com\/us-fl\/wp-content\/uploads\/2026\/01\/1768911270_880_wesh.png\" class=\"lazyload lazyload-in-view branding\" alt=\"WESH logo\"\/><\/p>\n<p>\n\t\t\tUpdated: 10:53 PM EDT Jun 10, 2026\n\t\t<\/p>\n<p>\t\t<a href=\"https:\/\/www.wesh.com\/article\/hearst-television-news-policy-statements\/14471973\" class=\"editorial-standards border-left\" rel=\"nofollow noopener\" target=\"_blank\">Editorial Standards \u24d8<\/a><\/p>\n<p>\n\t\t\t\t\t\tDefense attorney Mark O&#8217;Mara filed a motion Tuesday to dismiss the second-degree murder charge in the deadly February shooting outside the Savoy nightclub in Orlando. On Wednesday, the State Attorney&#8217;s Office issued a notice that the murder charge against Jean Gabriel Borja Gil de la Madr had been dropped.    The State Attorney&#8217;s Office said the court could not prove the shooting wasn&#8217;t in self-defense.   Gabriel Borja Gil de la Madr&#8217;s attorney, Mark O&#8217;Mara, spoke with WESH 2 News on Wednesday. &#8220;He understands the tragedy of having to cause the death of another human being,&#8221; O&#8217;Mara said of Gabriel Borja Gil de la Madr. &#8220;That&#8217;s going to live with him for the rest of his life. As it turns out from all the evidence we were able to get, it was what we call a justified shooting, tragic as it is, and he just wants to get back to his life.&#8221;    Gabriel Borja Gil de la Madr turned himself in several hours after the early-morning shooting outside Savoy \u2014 a popular gay nightclub in Orlando \u2014 that took the life of   Julian Cruz.  Police said the two got into an argument and Gabriel Borja Gil de la Madr went to his car, retrieved a gun, and shot Cruz. &#8220;When we finally got the video enhanced, the real question was, who did what right at the door of the car? If he got in his car to leave and they opened the car door, which it turns out they did, then he&#8217;s justified in using deadly force, his gun, because breaking into a car, opening the door on a car that I&#8217;m sitting in, that&#8217;s a forcible felony,\u201d O\u2019Mara said. O&#8217;Mara  said police missed Borja&#8217;s  gun and his bloodied  pants at the house,  which the attorney handed over to Orlando police. WESH 2&#8217;s Gail Paschall-Brown asked O\u2019Mara, &#8220;So, the blood on the pants?\u201d  \u201cVery significant,\u201d O\u2019Mara replied. \u201cShowed what?\u201d Gail continued. &#8220;The blood on my guy&#8217;s pants. When he has to shoot, there&#8217;s blood coming, meaning the guy he shot was inside the car when he shot him. They identified it as they should, that it was a legitimate shooting,&#8221; O\u2019Mara said. Mark O&#8217;Mara, a veteran criminal defense attorney, is a former prosecutor. &#8220;Prosecutors are not supposed to try a case that they don&#8217;t believe, ethically, that they will get a conviction, and I think the prosecution team looked at this case and said, &#8216;We will not and cannot get a conviction,&#8217; and I don&#8217;t think they would have, so I think it was the right decision,&#8221; he said. WESH 2 News also reached out and left messages with Julian Cruz&#8217;s father, Anthony Cruz, to get his reaction to the murder charge being dropped. We&#8217;re still waiting to hear back.\n\t\t\t\t\t<\/p>\n<p>\t\t\t\t\t\tORLANDO, Fla. \u2014 \t\t\t\t\t\t\t\t\t\t\t\t\t<\/p>\n<p>Defense attorney Mark O&#8217;Mara filed a motion Tuesday to dismiss the second-degree murder charge in <a href=\"https:\/\/www.wesh.com\/article\/verbal-altercation-deadly-shooting-orlando\/70455737\" target=\"_blank\" rel=\"nofollow noopener\">the deadly February shooting outside the Savoy nightclub in Orlando<\/a>. <\/p>\n<p>On Wednesday, the State Attorney&#8217;s Office issued a notice that the murder charge against Jean Gabriel Borja Gil de la Madr had been dropped.  <\/p>\n<p>The State Attorney&#8217;s Office said the court could not prove the shooting wasn&#8217;t in self-defense. <\/p>\n<p>  Gabriel Borja Gil de la Madr&#8217;s attorney, Mark O&#8217;Mara, spoke with WESH 2 News on Wednesday. <\/p>\n<p>&#8220;He understands the tragedy of having to cause the death of another human being,&#8221; O&#8217;Mara said of Gabriel Borja Gil de la Madr. &#8220;That&#8217;s going to live with him for the rest of his life. As it turns out from all the evidence we were able to get, it was what we call a justified shooting, tragic as it is, and he just wants to get back to his life.&#8221; <\/p>\n<p>   Gabriel Borja Gil de la Madr turned himself in several hours after the early-morning shooting outside Savoy \u2014 a popular gay nightclub in Orlando \u2014 that took the life of   Julian Cruz.  <\/p>\n<p>Police said the two got into an argument and Gabriel Borja Gil de la Madr went to his car, retrieved a gun, and shot Cruz. <\/p>\n<p>&#8220;When we finally got the video enhanced, the real question was, who did what right at the door of the car? If he got in his car to leave and they opened the car door, which it turns out they did, then he&#8217;s justified in using deadly force, his gun, because breaking into a car, opening the door on a car that I&#8217;m sitting in, that&#8217;s a forcible felony,\u201d O\u2019Mara said. <\/p>\n<p>O&#8217;Mara  said police missed Borja&#8217;s  gun and his bloodied  pants at the house,  which the attorney handed over to Orlando police. <\/p>\n<p>WESH 2&#8217;s Gail Paschall-Brown asked O\u2019Mara, &#8220;So, the blood on the pants?\u201d <\/p>\n<p> \u201cVery significant,\u201d O\u2019Mara replied. <\/p>\n<p>\u201cShowed what?\u201d Gail continued. <\/p>\n<p>&#8220;The blood on my guy&#8217;s pants. When he has to shoot, there&#8217;s blood coming, meaning the guy he shot was inside the car when he shot him. They identified it as they should, that it was a legitimate shooting,&#8221; O\u2019Mara said. <\/p>\n<p>Mark O&#8217;Mara, a veteran criminal defense attorney, is a former prosecutor. <\/p>\n<p>&#8220;Prosecutors are not supposed to try a case that they don&#8217;t believe, ethically, that they will get a conviction, and I think the prosecution team looked at this case and said, &#8216;We will not and cannot get a conviction,&#8217; and I don&#8217;t think they would have, so I think it was the right decision,&#8221; he said. <\/p>\n<p>WESH 2 News also reached out and left messages with Julian Cruz&#8217;s father, Anthony Cruz, to get his reaction to the murder charge being dropped. We&#8217;re still waiting to hear back. <\/p>\n","protected":false},"excerpt":{"rendered":"FUTURECAST HOUR BY HOUR. COMING UP HERE AT 1017. I\u2019LL SEE YOU THEN. SEE YOU THEN, TONY. TONIGHT&hellip;\n","protected":false},"author":2,"featured_media":303469,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[6275,3477,220,127302,2230,83181,1210,25248,80762,139,141,140,83084,80799,132,83357,2486,918],"class_list":["post-303468","post","type-post","status-publish","format-standard","has-post-thumbnail","category-orlando","tag-attorney","tag-blood","tag-car","tag-defense-attorney-mark-omara","tag-gun","tag-julian-cruz","tag-life","tag-murder-charge","tag-omara","tag-orlando","tag-orlando-headlines","tag-orlando-news","tag-orlando-nightclub","tag-pant","tag-police","tag-savoy-nightclub","tag-wednesday","tag-wesh"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts\/303468","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/comments?post=303468"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts\/303468\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/media\/303469"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/media?parent=303468"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/categories?post=303468"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/tags?post=303468"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}