Victims: Bruno Berrio, Timothy Pyke
The accused: Ernesto Che Vino

Bruno_Berrio

Bruno Berrio

Hispanic male

Age at time: 40

Weapon: unarmed

Timothy_Pyke

Timothy Pyke

White male

Age at time: 45

Weapon: unarmed

 
Vino

Ernesto Che Vino

Hispanic male

Age at time: 40

Weapon: gun

gun

Defendant photo: Miami-Dade Police Department, 2009

Case type:
Unprovoked attack

Location:
Defendant's Property

Initiator:
Defendant

Witnesses:
No

Case year:
2009

Location details: In defendant's fenced in yard in the Jones Fishing Camp in Hialeah, Miami-Dade County, on March 09, 2009

What happened: Ernesto Che Vino threatened two Florida Power and Light workers with a rifle, slapped the helmet off one of them and fired a warning shot into the air after they showed up around 11 a.m. to collect unpaid bills. The workers were in uniform and tried to call Vino, but eventually used a ladder to climb over his fence to knock on the door. He appeared, rifle in hand and forced the men off his property, firing his gun as they scrambled back over the fence. A judge sided with Vino over prosecutors' objections.

The outcome: Circuit Judge John W. Thornton Jr. ruled that he must toss out two counts of armed assault and one count of improper exhibition of a firearm. He let stand a misdemeanor charge of firing the rifle in public because it was fired after Vino recognized the men as power company employees.

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: Eleventh Judicial Circuit Court, Miami-Dade County, Nov. 16, 2010.

Source: Sun Sentinel, Nov. 16, 2010. Link to original source

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Case last updated: Aug. 10, 2013