ORANGE COUNTY, Fla. — “Attorney for Orlando man accused of second-degree murder gets fatal shooting dismissed on “Stand your Ground” motion”
Case dismissed for man accused of second-degree murder after attorney files ‘Stand your Ground’ motion
Just four days after he was released from the Orange County Jail, the attorney for Rafael Villaverde said the fatal shooting was in self-defense.
Villaverde who spent 14 months in jail, was accused of second-degree murder for the death of 21-year-old Dylan Jimenez, after he and his brother his brother, 28-year-old Bryan Richardson took part in an August 6th shooting.
Thursday, the judge dismissed the case against him after his attorney, Michael Mann, filed a “Stand your Ground” motion.
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Michael Mann, who represents Villaverde, said video evidence from outside his home at the “Heritage Hotel” is clear-cut and showed Villaverde shooting his weapon out of self-defense.
“Usually, you don’t have video in these kinds of cases, but it was directly under two cameras. Fortunately, we have the video to show first he did not shoot first. He got shot multiple times before he even raised his weapon,” said Mann, Villaverde’s Attorney.
Mann is the fifth attorney to take on Villaverde’s case after a friend reached out to him through FaceBook and the only one to file the motion that proved his client was defending himself the day of the shooting.
He also decided to take the case pro bono.
“Nobody really put a large focus on a straight-up dismissal, and that was the only thing I focused on,” said Mann.
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During the “Stand Your Ground” hearing last week, Villaverde’s attorney argued he never fired or even raised his own gun until Jimenez had already shot him.
Villaverde said the day of the shooting he felt like he was in danger once he was approached by the two men.
“They already came with a firearm the first time, so now I feel threatened, and you come with a firearm again. I’m scared. If I die, I won’t be with my kids anymore,” said Villaderde, Orange County Resident.
He said it happened so quickly. He was shot eight times and spent a month in the hospital before going to jail.
“I wasn’t even looking as I was getting shot. If my mind or my heart would have told me to run away, I would have got shot in the back. I was really scared,” said Villaverde.
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Villaverde who is licensed and trained in using firearms worked as a security officer and plans to get back into work, but not with guns.
“As far as holding a firearm again, I don’t know. But I do want to be an officer again,” said Villaverde.
Mann said the prosecution should have never been against Villaverde. He said he shouldn’t have sat in jail that long either, and they plan to
“The prosecution should have never been brought against him, and in order for that case to be lost, I think the state’s going have to say. This is why we did it, this is why it makes sense,” said Mann.
Mann said they plan to go after the state for malicious prosecution against his client.
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