Victim: Carlos Mustelier (killed)
The accused: Thomas Baker

Carlos_Mustelier

Carlos Mustelier

Hispanic male

Age at time: 18

Weapon: unarmed

 
Baker

Thomas Baker

White male

Age at time: 28

Weapon: gun

gun

Defendant photo: Hillsborough County Sheriff's Office

Case type:
Robbery

Location:
Public

Initiator:
Victim

Witnesses:
Yes

Case year:
2010

Location details: On a public street in the Town and Country subdivision in Tampa, Hillsborough County, on Nov. 24, 2010

What happened: Thomas Baker said he was jogging after midnight with a gun fitted with a laser sight tucked into his waistband. When two teenagers approached and one lunged at him, taking a swing, Baker pulled his gun and asked "You wanna play games? You wanna play games?" according to the surviving teen. Baker fired eight hollow point bullets, striking 18-year-old Carlos Mustelier in the chest as well as the back. The surviving boy, 16, told police his friend had told him he planned to rob Baker. Neither of the teens were armed. Baker was carrying $950 cash and a concealed weapon permit.

The outcome: Baker was not charged

Investigating agency: Hillsborough County Sheriff

Case decision made by: Prosecutor

Trayvon Martin’s death became controversial because circumstances leading up to the shooting cast doubt on who was to blame. The Tampa Bay Times reviewed other “stand your ground” cases for similar circumstances. The Times relied on available information, some of which may not tell the whole story. When the situation was unclear, that was noted.

Yes No Unclear/
disputed

Did the victim initiate the confrontation?

Check

Was the victim armed?

Check

Was the victim committing a crime that led to the confrontation?

Check

Did the defendant pursue the victim?

Check

Could the defendant have retreated to avoid the conflict?

Check

Was the defendant on his or her property?

Check

Did someone witness the attack?

Check

Was there physical evidence?

Check

Source: Hillsborough County Sheriff's Office, Dec. 20, 2010.

Source: Tampa Bay Times, Jan. 12, 2011.

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Case last updated: Aug. 10, 2013