MIAMI, FL—November 16, 2011 – A negligence lawsuit has been filed in connection with the fatal shooting of a deaf and mute man who tried to steal a WaveRunner from a waterfront Miami Shores home on May 21, according to NBC Miami and previous reports by the Miami Herald. The family of the would-be jet ski thief, whom was apparently unarmed at the time of the attempted robbery, is apparently suing the parents of the 14-year-old boy who pulled the trigger for both negligence and vicarious liability.
The parents of 14-year-old Jack Davis, the suburban Miami teen who shot and killed 20-year-old Hialeah man Reynaldo Muñoz Jr. during a robbery attempt nearly six months ago, are facing vicarious liability and negligence claims in connection with the fatal incident.
Previous reports suggested Jack Davis witnessed Muñoz trying to steal his family’s jet ski and subsequently retrieved his father’s shotgun from inside his home. The young teen then shot Muñoz in the back of the head, ultimately causing him to suffer fatal injuries.
While the shooter’s mother, Yasmine Davis initially told a 911 dispatcher that she was the individual to pull the trigger, an unidentified individual reportedly overheard her ordering her son to shoot Muñoz.
Yasmine Davis also told the 911 dispatcher that she fired the shotgun after Muñoz threatened that he was armed, though investigations and interviews with Muñoz’s family members and friends later revealed that it would have been nearly impossible for Muñoz to threaten Jack Davis or his mother.
This, they explained, was due to the fact that since Muñoz was both deaf and mute, he struggled with his speech and in most cases, was unable to enunciate his words properly. Furthermore, the shotgun that was used to shoot Muñoz in the back of the head was the only weapon found at the scene.
Muñoz’s parents Reynaldo Muñoz Sr. and Caridad Lopez are being represented in the pending the wrongful death lawsuit, which names both Jeffrey and Yasmine Davis as defendants. While Jeffrey Davis appears to be the owner of the firearm that his son used to kill the intruder, he was not present at the time of the deadly Miami shooting.
Under Florida’s “Stand Your Ground” Law, residents and visitors have the right to use deadly force against any individual who unlawfully breaks into their home and/or vehicle. In this particular case, however, the plaintiffs claim the use of lethal force was unjustified. A lawyer representing Muñoz’s parents contended that while Muñoz’s robbery attempt was indeed unlawful, grand theft does not constitute the death penalty.
The case is underway.
*The Miami personal injury law firm of Gerson & Schwartz, P.A. has no affiliation with the case above.
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With four decades of experience litigating the multifaceted personal injury and wrongful death claims of victims of crimes, which include but are not limited to murder, kidnapping, armed robbery, rape, sexual assault, assault and battery, stalking, and sexual molestation, the knowledgeable Miami personal injury lawyers of Gerson & Schwartz are dedicated to protecting the rights of these individuals and fighting to provide them with the compensation they deserve. Working closely with the National Center for Victims of Crime, the South Florida injury attorneys of Gerson & Schwartz, P.A. strive to provide justice to crime victims, as well as those who suffer serious injury in a wide variety of car crashes, boat wrecks and cruise ship accidents.