Civil Hearing In Deadly Miami Shores Waverunner Shooting
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MIAMI (CBSMiami) - A civil evidentiary hearing is underway in the case of a Miami Shores teen who reportedly shot and killed a man trying to steal a personal watercraft from behind his family's home.
Jack Davis, who was 14-years old at the time of the shooting, was not criminally charged in the death of 20-year old Reynaldo Munoz Jr.
The civil hearing is to determine if the case falls under the provision of Florida's "stand your ground" law which allows for deadly force if a person is in fear for their life. If the judge finds it does not, it will move forward.
At Monday's hearing Davis, now 18, took the stand and recounted his version of the events from that fateful day.
"I was terrified, my mother was terrified, especially when he made a right back towards the dock. He made eye contact with me, he looked menacing I guess is the best word," Davis testified.
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Davis reportedly fired the deadly shot in May 2011 after he and his mother Yasmine saw Munoz trying to steal the watercraft.
On the day of the shooting, Yasmine Davis called 911 and said Munoz had a gun. She also originally said she fired the deadly shot. In a recording released by the state attorney's office, a gunshot can be heard in the background.
Yasmin Davis then told the operator, "He was stealing our Waverunner and we tried to scare him. I shot the gun by mistake."
Also on the tape, Davis can be heard telling the operator "I was going to scare him and the guy turns and says "I have a gun," and then I shot."
Police determined Munoz was unarmed and it was Jack Davis who shot Munoz in the back of the head.
Friends and former teachers said Munoz could have never threatened Davis because he was profoundly deaf and mute, unable to speak intelligible words.
The lawsuit filed sites negligence and vicarious liability on the part of the Yasmine Davis and her husband Jeffrey who spoke at the evidentiary hearing. At the conclusion of the day's hearing, a third hearing will be scheduled for a later date.
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