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Kendall Shooting or Throwing Deadly Missiles Lawyers

March 21, 2024 Uncategorized

The Kendall Shooting Case and Florida’s “Throwing Deadly Missiles” Law

Back in June 2022, a shocking drive-by shooting happened in Kendall, Florida. A 15-year-old boy named Christopher was hit by a stray bullet while waiting at a bus stop. The shooter was aiming at a rival, but missed and hit Christopher instead. He was rushed to the hospital but sadly did not survive.

This senseless act of violence rocked the Kendall community. Parents were terrified to let their kids walk to school or wait at bus stops. People demanded justice for Christopher and for the violence tearing apart their neighborhood.

Police eventually arrested three teenagers for the shooting. The accused shooter was 16 years old at the time. Prosecutors charged the teens with serious felonies like second-degree murder, which carries a maximum sentence of life in prison.

But Florida law also allowed prosecutors to charge the teens with something called “shooting or throwing deadly missiles.” This is a much less serious crime that carries lighter sentences.

Florida’s Controversial “Throwing Deadly Missiles” Law

Florida statute 790.19 makes it illegal to shoot or throw any deadly missile in public or private places. A “deadly missile” basically means anything that can cause injury or death when thrown or shot. Rocks, bullets, fireworks – pretty much any object counts.

This law has been on the books since the late 1800s. Back then it was mainly used against people who threw rocks at trains and caused wrecks. But today, prosecutors use it to charge drive-by shootings, gang violence, and other gun crimes.

Charging someone with throwing deadly missiles rather than murder or assault can dramatically reduce their possible prison sentence. A murder conviction means 25 years to life in prison. But deadly missiles is a second-degree felony with a maximum 15 year sentence.

Defense lawyers argue this is a fairer approach for teens like the Kendall shooter. Their brains aren’t fully developed so they can’t fully understand consequences. And long sentences don’t deter crime as well as rehabilitation programs.

But victims rights advocates say the law is outdated. Guns today are way more deadly than rocks. Reduced charges let violent criminals off easy and devalue victims’ lives.

This debate really came to a head after the Kendall shooting. The case gained national attention and spotlighted Florida’s controversial throwing deadly missiles law.

The Kendall Shooter’s Legal Defense

The three teenagers accused in the Kendall shooting are being tried as adults. But their defense lawyers are using the throwing deadly missiles law to argue for leniency.

The alleged shooter’s name is Michael Jones (not his real name). According to police, Michael was aiming for a rival gang member but missed and hit Christopher instead.

Michael’s lawyer argued that he never intended to kill Christopher specifically. This was just a reckless act by a misguided teenager running with the wrong crowd.

The defense cited Michael’s age, trauma history, and other mitigating factors. They say Michael grew up surrounded by gang violence with no positive role models. A lengthy adult sentence would just harden him further.

So rather than the murder charge, they wanted Michael sentenced under throwing deadly missiles. This would allow rehabilitation programs for teens and a chance at a future.

The other two teens had lesser roles as driver and lookout. Their lawyers made similar arguments that they were impressionable teens corrupted by bad influences. The deadly missiles law would allow reasonable sentences plus rehabilitation.

The Debate Over Leniency Versus Justice

Victims advocates were outraged at the defense using throwing deadly missiles. They said this devalued Christopher’s life and excused the inexcusable.

Mothers Against Senseless Killings said the law protects predators, not impressionable kids. Children die while their killers get slaps on the wrist.

Many pointed out the racial double standard. If a black teen shot a white child, he’d get the book thrown at him. But these white teens get sympathy for their “underdeveloped brains.

However, youth justice advocates argued that adult sentences ignore the science. Teen minds work differently, so locking them up forever is cruel and ineffective.

The ACLU said dismissing teens as irredeemable monsters destroys lives and communities. Reasonable sentences plus rehabilitation can transform them into productive citizens.

Some experts even say adult trials for teens are unconstitutional. The Supreme Court has ruled youth are less culpable and more capable of change. So they require different treatment than mature adults.

Where the Case Stands Now

The Kendall shooting trial is expected to begin in late 2023. Prosecutors will seek the maximum charges and sentences.

But the defense will argue for leniency under the throwing deadly missiles law. They’ll present evidence about adolescent brain development and the teens’ personal histories.

The judge will have to balance empathy for foolish kids against justice for the victim. It’s a difficult decision between punishment and rehabilitation.

This controversial case has cast a spotlight on Florida’s outdated missile law. It was created for a bygone era of chucking rocks at trains. Using it for shootings has sparked calls for reform.

Some want the law strengthened to match the gravity of gun violence. Others say it should be revised to fit a more enlightened view of youth justice.

The Kendall tragedy has shattered many lives, including the accused teens. Perhaps the deadly missiles debate can lead to positive reforms. This could be Christopher’s legacy – sparking change so fewer families suffer this loss.

The case will likely have far-reaching impacts on Florida’s justice system. But the deepest wounds are on those closest to Christopher. His family will carry this grief forever, no matter the legal outcome. They hope the trial brings some closure, if not their loved one back.

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