Grand Jury Finds CVS Deadly Shooting To Be Justifiable, Charges Not Warranted
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DAVIE (CBSMiami) – The Broward State Attorney's Office has released a four-minute surveillance video inside a Davie CVS showing a deadly shooting in November from different angles.
This, just days after a Broward Grand jury decided Matthew Barry used justifiable use of deadly force when he shot and killed Andre Smith when a Craigslist deal turned into a fatal confrontation.
"I'm going to fight with everything in me along with my attorneys to make sure Matthew Barry gets his day in court," said Andre Smith's mother, Andrea Smith. "He's a murdered. He killed my baby."
The newly released video came out after Smith family attorneys claimed the edited surveillance video released Friday by the Davie Police Department did not tell the whole story. The family alleges Barry was the aggressor.
But in a 16-page memo released by the Broward State Attorney's Office, Barry said he was trying to get away from Smith, who was following him inside the store. Barry says he shot Smith in self-defense.
Benjamin Crump, who represented Trayvon Martin's family, is lending the Smith family his support. "The stand your ground law continues to allow others to murder our children and not be held accountable. Today it has to stop, let it stop with Andre Smith," said Crump.
Smith family attorneys say this case should have never gone to a grand jury, that the State Attorney should have taken it to trial. They say the fact that Smith was black and the shooter was white made a difference.
Jose Baez, Casey Anthony's attorney in her murder trial, is representing Smith's family. "I'm calling him out on it. I think he's a coward to not be able to take this case to trial and to not file charges on this matter, it's pathetic," said Baez.
"Matthew Barry might not be in jail, but he is dead while standing because my son's blood is always going to be on his hands," said Andrea Smith.
The family attorneys say they are going to review the new material and evidence and decide how they'll proceed.