The mom of a 19-year-old faculty pupil who died after being shot by an Uber driver final 12 months in South Florida was anguished to be taught final week that the shooter received’t be prosecuted as a result of state’s stand-your-ground protections.
Christopher Bernadel shot Miles McGlashan on Nov. 9, 2022, within the metropolis of Hollywood. That night, McGlashan requested an Uber, in line with a state lawyer’s memo.
After Bernadel picked up McGlashan, an argument began when McGlashan tried to alter the deal with. When Bernadel advised McGlashan that he wouldn’t take him to the brand new deal with, McGlashan allegedly started cursing at Bernadel.
McGlashan determined to cancel the journey utterly at a sure level. The prosecutor’s memo stated he bought out of the automotive and slammed the door.
Bernadel advised police that he too bought out of the automotive to query McGlashan and a few phrases have been exchanged earlier than McGlashan began punching him a number of instances within the head.
Bernadel advised detectives he “was sporting his glasses on the time he was being hit and was stumbling when he reached for his firearm as a result of he was in concern for his life.” That weapon was in his waistband.
He stated he fired one shot at McGlashan whereas he was being hit. That’s when McGlashan pulled again, and Bernadel bought again in his automotive and drove a couple of block from the scene earlier than calling 911.
McGlashan was discovered shot as soon as in his chest close to his grandparents’ dwelling, which was his supposed vacation spot in the course of the journey, and brought to a close-by hospital.
Investigators weren’t in a position to get his facet of the story since his accidents put him in a coma. Relations waited two months earlier than deciding to take him off life assist. There additionally weren’t any witnesses or surveillance cameras to seize the incident.
Police did observe there was swelling on the facet of Bernadel’s head after they arrived on the scene.
The Miami Herald obtained the health worker’s report that exposed that the Barry College pupil died on account of problems of a gunshot wound to the chest. The health worker additionally decided the matter of demise was a murder. In an examination of McGlashan’s physique, there have been two bullet holes: one on the appropriate facet of his chest and the opposite on his “proper flank.”
A household lawyer advised Native 10 Information that McGlashan was shot within the again and the bullet had exited his chest.
“Miles was unarmed, and at 5 foot 7 and 125 kilos roughly half the dimensions of Mr. Bernadel who the document signifies bought out of the automobile with a hid weapon to query Miles after the faculty pupil was strolling away,” the attorneys’ assertion learn. “One trauma surgeon decided in lay phrases that Miles was shot whereas turned away and we consider that the parts of the legislation the place the driving force can be thought of the aggressor weren’t appropriately utilized.”
Broward State Lawyer Harold Pryor launched an announcement on June 28 explaining why Bernadel isn’t going through fees.
“Whereas hearts and minds typically battle, prosecutors are tasked with and required by legislation to make sure there may be not solely possible trigger to assist a legal cost however that there’s additionally ample proof to show that cost past each cheap doubt,” the assertion learn. “Primarily based upon the proof we obtained on this matter, our workplace can not pursue fees.”
Attorneys for McGlashan’s household stated his mom, April, was “devastated” after studying the state lawyer’s workplace wouldn’t pursue fees.
“We’re taking a while to soak up this grave injustice,” April McGlashan advised the Herald.
The household’s lawyer, William Shepard, stated they’ll request the state lawyer to assessment the case and current it to a grand jury.