MIAMI (CBS4) – When a suspected Waverunner thief was shot dead on the bulkhead of a waterfront home in Miami Shores, police said the family’s 14 year old son was the shooter.

That’s not what the boy’s mother claimed, though, in her call to 911.  The call has stirred renewed debate over the circumstances surrounding the shooting and whether it was justified.

Twenty year-old Reynaldo Munoz was shot dead with a shotgun on May 21st as he allegedly tried to steal a personal watercraft from behind the home of attorney Jeffrey Davis.  Davis was not home at the time.  Police concluded Munoz was shot by Davis’s 14 year-old son, Jack, who feared for his safety and the safety of his mother.

But in her call to 911 the mother, Yasmin Davis, said she did the shooting.

In the recording released by the state attorney’s office, a gunshot can be heard in the background.

Yasmin Davis then told the operator, “He was stealing our Waverunner and we tried to scare him.  I shot the gun by mistake.”

Prominent criminal defense attorney Jeffrey Weiner, retained to represent the Davis family, told CBS4’s Gary Nelson Wednesday that Yasmin Davis was “clearly panicked” when she called 911, and was attempting protect her son.  “She took responsibility, as any parent would do,” Weiner said.

Weiner said police quickly determined that it was Jack Davis, not his mother, who pulled the trigger on the alleged thief.

The boy’s lip was bloodied by the recoil of the shotgun, Weiner said, adding that the Davis family quickly acknowledged that it was the son who did the shooting.

“With all due respect, it’s a non-issue,” Weiner said.  “Things are said that are from the heart that are not necessarily completely accurate” when people are on the phone with 911 and there’s a burglar in the yard and they are fearful.

An attorney representing Munoz’s family said Thursday that, for all practical purposes, Yasmin Davis may as well have pulled the trigger.

“She instructed her 14 year-old son to shoot,” said attorney Juan Lucas Alvarez.  Alvarez noted that Munoz’s body fell into the water at the rear of the home, far from the house, and said that Munoz posed no danger to Davis or her son.

Weiner countered that Yasmin Davis feared for her safety, that Munoz approached her holding a black object that resembled a pistol.  Both the mother and her son, under Florida law, were justified in shooting the intruder.

“She thought this might be some home invasion,” Weiner said, noting that Yasmin Davis had been previously victimized by robbers in the driveway of her home.

“They were factually, legally and morally justified in firing the weapon,” Weiner said.

Alvarez refuted that argument.

“There was no reasonable fear.  There was no threat with a gun,” he said.  “There was no gun.”

Alvarez said Yasmin Davis’s 911 call raises questions about the veracity of her account of events, because she claimed that Munoz “said” he was armed.

On the tape, Davis said “I was going to scare him, and the guy turns and says “I have a gun,” and then I shot.”  She told the operator, “I thought he was going to shoot because he said he had a gun.”

Friends and former teachers have said Munoz was profoundly deaf and mute, unable to speak intelligible words.

“That is impossible,” said attorney Alvarez of Davis’s claim in the 911 call.  “Rey is deaf and mute.  He is incapable of telling anyone he has a gun, so that is a blatant lie.”

Weiner said he knows “many deaf people” who are able to speak.  “Maybe not as clearly as you and I, but the overwhelming majority of deaf people that I have been around can actually utter words that are understandable.”

Miami-Dade homicide detectives have concluded their investigation of the fatal shooting and handed their findings over to the state attorney’s office.

Prosecutors will determine whether the shooting was justified under Florida’s laws relating to self defense, or if charges are warranted.

Comments (15)
  1. MrsMorales says:

    As far as I’m concerned it doesn’t matter who fired the shot — just that it was fired — and for once the bad guys didn’t win. WTG to whoever pulled the trigger.

  2. tom says:

    You steal ,,, you pay the price,,

    1. antonio dominguez says:

      I’m with you 100%. How does anybody in their right mind expect to punish someone that shot a THIEF? The kid that shot the criminal is the victim here, and he reacted to protect him and his family..I am sure plenty of us would have done the same thing if we were in that situation.
      What would have happened if the guy that died while trying to steal, had a weapon and killed a member of the family? If you are stealing, be prepared to pay the price! Or get a job and buy your own stuff.

  3. madwoman says:

    JMHO…. if you are deaf-mute, the last thing you should try to become is a burglar… How can you tell if you are making any noise if you can’t even hear it… isn’t part of being a burglar being discrete, quiet, and conspicuous? He could have been making the biggest racket, but in his head he was a swift as a ninja… I may never understand just why, of all the things he could do with his life, he chose the one at which he had the most disadvantage… At the risk of sounding callous, but when I say “deaf-mute burglar” I burst into laughter…

  4. pp says:

    The family had been robbed at gun point a few years prior…..this was a young man and his mother both of whom are probably still haunted by that thought….so when this guy came upon their property, the only thing that went through their mind was that event 2 years ago. I betcha they told themselves that they both would never allow that to happen again! You never know what is going through people’s minds and that could mean either the “robber” or the “homeowners”. Actions have consequences!

  5. Bob says:

    Manslaughter-2 years and probation- 6months on good behavior.

    1. GL says:

      For what?

      Being scared and doing what I can assure you 90% of the population would do under the same circumstances?

      Lets say you are a 14 year old kid, you think an adult man is coming at YOU with intent (hey, they had been robbed at gunpoint a couple of years earlier) and you have a riot gun… I’ll bet you shoot and keep right on shooting until the magazine is empty and you are wondering why the gun is making a silly clicking sound…..

      In point of fact that is what usually happens — the untrained neophyte either emptys the magazine in the general direction of the bad guy or the bad guy runs off…. Check out the reports of police shootings — generally once the first shot goes downrange the party continues until it is time to change magazines and/or reload.

      This was a frightened kid, a terrified woman and they reacted just like you would expect them to in a self defense situation. It is totally and absolutely irrelevant as to whether or not the thief had a gun or not: they thought he did or might and that is where their heads were at. This is the classic case of self defense and I would be really surprised if they get charged…

    2. xoxoxoxo says:

      you’re an idiot

  6. GL says:

    The fact that the thief was thought to be armed by the homeowner, that he was trying to get into the house or boathouse and that he was clearly, along with his accomplice, intent on felony robbery, an adult male and facing a 14 year old and a panicked woman is all I think that needs to be said.

    Between that and a prior gunpoint robbery on their property the mom and her son BOTH acted as a reasonable man would: they percieved a threat as a reasonable man (even I would) and responded. Warning intent or not a shotgun can be a bear to shoot well if you are a neophyte and, depending on the range, etc. the suspect could have been hit by outliers in the pattern. 12 Gauge 00 buck will spread to a 12″ or better circle at 25′ out of a short cylinder bore riot gun. If the suspect was significantly closer than that he was within the “shoot to kill” worry about it later distance of a reasonable man.

    I am sorry that someone died, I am glad that it was the thief rather than the innocent kid or his mom. Neither the mom or the kid set this guy up to be killed, he did that to himself when he attemped to rob them.

  7. tired says:

    According to the “stand your ground law” , if this woman felt threatened she had the right to shoot, and kill. Munoz had no business on her property. She was in the right to protect herself her son and her property.

  8. Carlos Gonzalez-Rosquet says:

    Sure she had the right to shot, sure the guy was a scumbag. But was it the morale right thing to do?

  9. Carlos Gonzalez-Rosquet says:

    Just because you can, it doesn’t mean you should!

    1. xoxoxoxxo says:

      you’re also an idiot…..but a bigger one

  10. apope says:

    If you make the decision to commit any type of crime you should accept the responsibility of the consequences.
    His family needs to accept their son, brother, nephew or whatever he was made the decision to invade these peoples lives. They actions are justified, period.

  11. MattGMD says:

    They couldn’t have felt all that threatened to leave a secured dwelling in order to confront the alleged thief with their shotgun. Scared people remain inside, armed and ready, while calling 911. People looking for payback grab the shotgun and go outside to dare someone to “make my day.”

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