State Ponders More Charges In Fatal Miami Shores WaveRunner Shooting

MIAMI SHORES (CBS4) – Twenty four days after a 14 year-old boy shot and killed a suspected thief in the backyard of the family’s Miami Shores home, prosecutors have reached no decision on whether the killing was justified – and felony murder charges against the dead man’s alleged accomplice have been dropped.

Reynaldo Munoz was shot dead on the bulkhead of the waterfront home in a pricey Miami Shores neighborhood as he allegedly attempted to steal the family’s WaveRunner,  from the back dock.  The home belongs to attorney Jeffrey Davis, who was not home at the time.

According to police, Munoz, 20, with no prior criminal history, was killed by Davis’s teenaged son, Jack.

At the time of the incident, police reported that Jack Davis, or his mother Yasmin, told them that Munoz had threatened them.

A Miami-Dade police news release said the “victim(s)” reported that “the subject stated he was armed.”

But Mayra Sanabria, who taught Munoz at Palm Springs Middle School, said he could not have “stated” anything to anyone.

Munoz was profoundly deaf and mute.

“He wasn’t able to speak,” Sanabria told CBS4’s Gary Nelson Tuesday.  “He only spoke through American sign language.  He couldn’t have said that.  He couldn’t have said that he had a weapon.”

CBS4’s news partner, The Miami Herald, has quoted some who viewed Munoz’s body as saying he was shot in the back of the head.

Sanabria said Munoz would not have been able to hear the shotgun-wielding Davis if the boy had shouted any commands.  “He wouldn’t be able to hear them.  He would not be able to hear.”

The state on Monday dropped a felony murder charge against Munoz’s girlfriend and alleged accomplice, 19 year-old Carolina Lopez.  Lopez accompanied Munoz on the day of the fatal incident, and was first charged with murder because someone was killed in the commission of a crime she allegedly participated in.  But the felony murder charge was dropped because prosecutors could not prove an underlying crime of burglary – there was no break-in, or fence or gate climbed in the WaveRunner.  Charges against Lopez were reduced to grand theft.

Prosecutors must still determine whether the shooting of the alleged thief was justified – or was, itself, a crime.

“We are still going through it,” said Ed Griffith, a spokesman for State Attorney Katherine Fernandez Rundle.  “The final conclusion could be a “yes” or a “no,” but the review is still ongoing.”

Sanabria, the dead man’s former teacher, said she was troubled by comments from some of the Davis family’s neighbors who said Munoz “got what was coming to him.”

“It’s sad to lose a child, and then have to hear someone say, ‘Oh, he deserved to die?'”  Sanabria said.  “He may have deserved jail, or an opportunity for rehabilitation, but to shoot him in the head, in the back?”

Sanabria recalled attending Munoz’s funeral services, and seeing his grieving mother and family members.

“As a mother, it really strikes me,” she said, weeping.  “He was a good-hearted boy.  He was respectful when he was in school.”

After giving initial statements to police, members of the Davis family have retained counsel and declined to speak with investigators.  At the Davis home Tuesday a woman appeared at a front window and motioned at a CBS4 News crew to go away.

More from Gary Nelson
  • James

    I always said that no one would threaten that they have a gun if you have one pointed at them. From the beginning I knew it was a lie but I thought that he was killed by the mother not the son. To be shot in the back of the head is not the sign of someone threatening to me but someone retreating. Is a personal watercraft (even if the shooter thought he was trying to steal it) worth a life?
    Good thing the guy was mute because with the kids father being an attorney and Jewish you can rest assure that nothing was going to happen to his son.

    • bill

      what someone should ask the girl or the mother is why was your son/boyfriend trying to steal something that diidn’t belong to him.

  • Hang-em High

    She should have taught him not to steal in Middle School. Shoot all the criminals. It will save on court costs, and housing and feeding of them in jail on taxpayer money. Stop feeling sorry for the criminals. Let’s start feeling sorry for all of us victims!

  • Edgar

    The victims have the last word. Nobody has the right to steal or threaten the life and property of no one, so this thief got what he deserved. Please, stop feeling sorry for the criminals and protect the victims. The mother of the criminal should have taught him not to steal, in the first place, and if he died in the commission of a crime, it was something that was coming to him. Period.

    We have to protect our home, no matter what. This criminal that died, will set a precedent for future criminals of not to break in someone else’s property with the intention of committing a crime.

  • Edgar Allan

    James it seems to me that you are an advocate and protector of the criminals.
    There is no excuse to break in a house with the intention of stealing, and who knows, killing someone with the purpose of not being identified.
    Thanks God that nobody died in the home of this nice family that were only protecting what is righfully theirs.

  • Edgar

    Did this lady-teacher followed up what this guy did after being her student?
    Probably not. Probably he was another drop-out, who wanted to have it all, without paying the price of being a good citizen, hard working person, respectful, and law abiding citizen, like the rest of us. I feel sorry for the problem that the agravated family is going through, not the criminal’s family.

  • Edgar

    James, do you have something against being successful and being jewish?
    Sorry if you are another loser who wants everything without having to work for it.

  • Tim3500

    Lesson learned. Don’t steal…

  • Edgar

    And for Carolina Lopez, she should choose her boyfriends more carefully from now on. This time, she got away with “it”. But next time Carolina, you will spend some time behind bars for being an accomplice in a criminal enterprise.
    I hope your mother and father see this comment. They will help you!

  • Blake E. Davis

    ok, my last comment was censored. So let me say it THIS way “AND the horse the thief rode in on!”

  • Hang-em High

    If James had said something against African Americans (or Blacks) there would be an uproar about racial prejudice, etc, etc, etc. Like the Beach thing. What gives him license to complain about Jewish attorneys? What’s up with that comment? Why is that one okay? No, I am not Jewish.

  • Hang-em High

    Teach the children, “Crime does not pay”. Also, straight out of the Ten Commandments, “Thou shalt not steal”. That’s what the mother should have done so she wouldn’t be so sorrowful. There’s enough criminals in Miami. This kid is a hero. At least he’s not a crazed kid knifing and shooting up his classmates in school, he’s eliminating riff-raff from the streets of Miami!

    • kwyjibo

      You forgot “Thou shalt not kill”, “Thou shall not bear false witness”
      Nobody is a hero here and everyone involved made mistakes.

  • sple112

    i don’t think this killing was justified by any means. But, the police have killed this exact type of person and in worse scenarios. I can recall a deaf young man in Chicago who was shot in the back of his head, through the backs of his hands completely submissive. No charges at all. Autistic kids killed by police, no charges. Why? because they were committing what police THOUGHT was a crime. in almost every case, they were wrong. One autistic kid had become lost and agitated, his mom called the police., and they killed him. This kid was wrong, but a crime WAS being committed. But with the precedence set, he should not be charged with murder.

  • alabamajack

    I could not live with myself if I killed someone over a waverunner, much less killed a deaf and mute person. But hey that’s me

  • Hang-em High

    So, if you’re deaf and mute and can’t hear the warnings, don’t try to steal or you will be shot. And if you can’t live with yourself, go live with someone else. At least you can still ride your waverunner. No it is not okay to steal then have your family and everyone else complain that you got killed in the process. What is wrong with this world with everybody feeling sorry for the criminals? Don’t steal in the first place. You can’t hear? Sign it to them in ASL.

  • Gyro

    There is no reason to kill anyone for stealing property, this is property people, you can get another wave runner.

    This is why we have police in the first place, so victims of crimes can resort to authorities. No amount of money or property can bring this 20 year old back to life.

    This is not pro-criminal advocacy for you ignorant ones who have made it clear that you believe the commission of a crime allows for carte blanche vigilante justice. This is America in 2011, not 15th century medieval Europe.
    Here’s a random but not impossible hypothetical, what if the 20 year old was taking the wave runner in order to save the life of someone who was drowning? That would be justified under the law as necessity in America, but apparently some of you would rather shoot first and ask questions later. Those who think that the taking of a WAVE RUNNER, were talking about a wave runner here, justifies the killing of any human being should be ashamed of yourselves. A threat to one’s property should not provoke the same response as a threat to one’s person, friends or family.

  • Hang-em High

    Yeah right, taking the WaveRunner to save a life accompanied by a girlfriend. Oh you got killed while committing a crime, oh well, too bad. You took the risk. Can’t do the time or the death, don’t do the crime. Good teaching point for parents. Teach, do not steal. Do not commit crimes. Do not feel sorry for criminals. Do not admire criminals. Do not be a criminal. Do not make excuses for criminals. I bet there was less crime in 15th century medieval Europe.

    • lee

      This kid should be prosecuted to the fullest extent of the law. Munoz was stealing but that didnt justify the actions Jack Davis took he precipitated the events by coming outside in the first place CALL 911 in case of emergency.

  • Miriam Cazanas

    I’m astonished by all the comments in pro of taking justice in your own hands. I bet EVERYBODY here has never made a mistake or a bad choice, or does not have a kid who has made one.
    When you are in your teens (this guy just turned 20) you still feel king of the wrold and make many wrong choices, that’s how we, human beings, learn, by making mistakes. This guy never had a chance to learn from his mistake.
    Steeling a wave runner does not compare to being shot in the back. Period.

    • scott

      hmmm, mistake = letting air out of teachers tires as a prank.
      Stealing a 10 thousand dollar jet sky that someone worked hard to pay for is a CRIME, a very bold one at that… You think this 20 year old MAN would have stopped with one jet sky in his life?

  • Carolina

    CRIMINALS??? I really think that we are taking things out of proportions. If I use that definition, I get criminals every day in my business stealing beer, candie, gum and whatever you can imagine and I don’t go killing them.
    Of course I get furious, especially when the police ignore the fact because it was under $400, but still I don’t forget it’s a case of beer. I have to sell another 8 cases without profit to recuperate the value of that missing one but still I don’t think I have the right of KILLING any of them. I kick them out of the store, I insult them, I call the police, I have them on camera in case I want to prosecute but I don’t kill them.
    Someone stealing a wave runner, from a back yard, without breaking any fence, window, door is NOT A CRIMINAL nor are the ones who steal a candie bar or beer from me.
    That’s why we have a justice system. Would we justify the dead penalty for stealing a $8,000 or $10,000 item? not using force or violence?

  • mattgordonmd

    Sounds like the 14 yr old was not justified. Can’t claim to be “in fear of” someone trespassing if you feel comfortable enough to exit a secure dwelling and confront them in the back yard. And what mother would allow a 14 yr old to grab a gun and go outside like that? Sorry folks but an attempted property crime out on the dock does not warrant shooting someone in the back of the head. The only dangerous one was the 14 yr old shouldering a shotgun.

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  • Anonymous

    How do you think jack feels, having to live with killing somebody? A lot of people forget that regardless if you are death or mute, you can still threaten somebody. You can motion under your coat or whatever. Now, I don’t know the details of what happened but I think that they were right in defending property and themselves. I hate that people try and justify how he wouldn’t do this because he was such a good boy. His girlfriend even admitted that they were going to steal. Get over it people, he wasn’t such a “good boy” when he tried to get that jet ski. Besides, even if he couldn’t hear the warning, are you going to walk up to the guy, tap on his shoulder and yell,”CAN YOU HEAR ME???”. Honestly people, think about if you were in the kids shoes and somebody held your mother at gunpoint a few years ago. I would’ve shot, maybe not intentionally at the head, but I would’ve shot.

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