Victim: Alain Romero
The accused: Maury Hernandez

Romero

Alain Romero

Black male

Age at time: 33

Weapon: unarmed

Victim photo: Miami-Dade Police Department, 2012

 
Maury_Hernandez

Maury Hernandez

White male

Age at time: 32

Weapon: gun

gun

Case type:
Argument turned violent

Location:
Public

Initiator:
Victim

Witnesses:
Yes

Case year:
2012

Location details: Ice cream shop in Windmill Gate Plaza in Miami Lakes, Miami-Dade County, on Jan. 07, 2012

What happened: A retired Broward County Sheriff's deputy on an outing to an ice cream shop with his fiance, kids and mother shot a homeless man. Maury Hernandez was having lunch with his family when a man who had been aggressively panhandling tried to assault the children, he told police. He said Alain Romero took a swing at him before Hernandez shot him multiple times, leaving him wounded. Police had previously responded to reports that Romero was aggressive that day with other patrons. Romero was unarmed.

The outcome: No charges filed.

Investigating agency: Miami-Dade Police

Case decision made by: Police

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: Miami Herald, Jan. 8, 2012. Link to original source

Source: Sun Sentinel, Jan. 9, 2012.

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Case last updated: Aug. 10, 2013