Victim: Craig McMinimy
The accused: Matthew Alfonso Garcia, Daniel Martinez, Joshua Ott

Craig_McMinimy

Craig McMinimy

White male

Age at time: 52

Weapon: unarmed

 
Garcia

Matthew Alfonso Garcia

White male

Age at time: 18

Weapon: none

Defendant photo: Hillsborough County Sheriff's Office

Martinez

Daniel Martinez

Hispanic male

Age at time: 20

Weapon: none

unharmed

Defendant photo: Hillsborough County Sheriff's Office

Ott

Joshua Ott

White male

Age at time: 19

Weapon: none

unharmed

Defendant photo: Hillsborough County Sheriff's Office

Case type:
Neighborhood dispute

Location:
Public

Initiator:
Defendant

Witnesses:
Yes

Case year:
2010

Location details: At Mosaic Park near the victim's home in Riverview, Hillsborough County, on June 03, 2010

What happened: Craig McMinimy said he was walking his dogs along a wooden sidewalk when three young men, including his neighbor Daniel Martinez, blocked his path. He said Martinez said, "Old man, you want to pop off tonight?" then hit him in the head with an unknown object. An officer said the injury left part of his skull visible. A day earlier, McMinimy had called code enforcement on Daniel Martinez's father. The three young men disputed that version of events, saying McMinimy lunged at Martinez and began to reach into his back pocket. That's when Martinez said he punched the man. Martinez and his friends were charged with battery. According to the Sheriff's report, Martinez's friends, Matthew Garcia and Jashua Ott, are certified members of the Bloods gang.

The outcome: A judge granted immunity for Garcia and Ott under "stand your ground." But he denied Martinez' motion. Prosecutors offered Martinez a plea deal that withheld adjudication.

Investigating agency: Hillsborough County Sheriff

Case decision made by: Judge

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 Clerk of Court, June 4, 2010.

Source: Hillsborough County Sheriff's Office, June 3, 2010.

Source: Thirteenth Judicial Circuit Court, Hillsborough County, Jan. 18, 2011.

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Case last updated: Aug. 10, 2013