Deadly Shooting Caught on Convenience Store Surveillance Camera
A Tallahassee resident is facing second-degree murder charges after a fatal shooting was captured on a convenience store’s surveillance camera. The shooting occurred at the Time Saver convenience store in August. The suspect was identified as a 42-year-old man who turned himself in to police. He is facing charges of second-degree murder and possession of a weapon by a convicted felon. According to court documents, two men had been seen arguing outside of the convenience store moments before the shooting occurred. The shooting was captured on CCTV. The two men were “chest-to-chest” when the defendant lifted his backpack and recovered a gun. He began shooting at the other man and the victim fell to the ground. The suspect then fled the scene. Police later found the backpack leaning against the back of a nearby house. Police recovered a 9mm AR15-style Brigade pistol inside of the backpack along with five spent cartridge casings. Court records indicate that the gun was previously reported stolen to the Leon County Sheriff’s Office.
Second-degree murder charges in Florida
The defendant is facing charges of second-degree murder. Florida statutes define second-degree murder as “the unlawful killing of a human being when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without premeditated design to effect the death of any particular individual.” Second-degree murder is generally characterized as an intentional murder without premeditation.
Second-degree murder is generally charged as a first-degree felony under Florida statutes. The maximum penalty for a first-degree felony is 30 years in prison. Those convicted of second-degree murder face a minimum sentence of 16.75 years in prison without the opportunity for parole. In cases where the defendant used a firearm to commit the murder, they would receive a minimum sentence of 25 years in state prison.
Possession of a firearm by a felon
The defendant is also charged with possession of a weapon by a convicted felon. This crime is charged when a felon knowingly possesses a firearm. There are two types of charges a suspect can face when it comes to possession of a weapon by a convicted felon. They can be in “actual possession” of the weapon or “constructive possession of the weapon.” Actual possession occurs when the firearm is found in the suspect’s hands, on their person, or so close as to be within ready reach of the suspect. Constructive possession occurs when the firearm is found in a place that the suspect has control over such as the trunk of a vehicle.
Actual possession of a firearm by a convicted felon carries a mandatory minimum sentence of three years in state prison.
Talk to a Tallahassee Criminal Defense Attorney Today
Luke Newman, P.A. represents the interests of those charged with serious violent crimes and weapons charges in Tallahassee, FL. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin discussing your defense strategy right away.