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Family Files Suit In WaveRunner Shooting

MIAMI (CBS4) – The family of a young man who was shot to death on the dock behind a Miami Shores home when he reportedly tried to steal a WaveRunner has filed a suit against the teen who allegedly pulled the trigger and his family.

In their suit, the parents of Reynaldo Munoz claim the 14-year old who shot their son was negligent.

The shooting happened last May on the dock behind the home of attorney Jeffrey Davis. Munoz, 20, was shot in the back of the head with a shotgun which police said was fired by Davis' son Jack.

On the day of the shooting, Davis' wife Yasmine called 911 and said Munoz had a gun. She also originally said she fired the deadly shot. 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."

Also on the tape, Davis can be heard telling the operator "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."

Police determined Munoz was unarmed and it was Jack Davis who fired the gun that killed Munoz.

Friends and former teachers said Munoz could have never threatened Davis because he was profoundly deaf and mute, unable to speak intelligible words.

Munoz's mother, Caridad Lopez, wept as she spoke to reporters at a Wednesday news conference at her attorney's office.

"My son did something wrong, but he did not have to pay with his life," she said.  "My life has been completely destroyed."

The suit alleges that "Jeffrey Davis was negligent for owning the shotgun used to commit the crime, and Yasmine Davis was negligent for asking her minor son to retrieve the shotgun and shoot the victim."  It alleges both are "vicariously liable for the youth's actions."

"The evidence will show that Jeffrey Davis and or Yasmine Davis actively, constructively, handed a 14-year old child a shotgun and then instructed him to shoot it," said the Munoz's attorney Juan Lucas Alvarez.

Attorney Jeffrey Weiner who represents the Davis family told CBS4's Gary Nelson the suit is unwarranted.

"I believe the State Attorney's office will conclude that the shooting was absolutely justified under Florida law," Weiner said.  He said Munoz was holding a small, dark object in his hand that resembled a pistol.

The attorney said that while Munoz was a deaf mute, he was still capable of making sounds that might have sounded like "gun."

In any event, Weiner said the homeowner feared for her life.

"He did not respond in any way to Yasmin Davis, who repeatedly told him 'just leave, just leave!'"  Weiner said.  "Of course, she did not know that he was deaf."

CBS4's Nelson has learned from sources close to the investigation that the State Attorney's office has held off on making a finding on whether the shooting was justified, because prosecutors want to interview the Davis's son, the shooter.  He does not have to speak to police or prosecutors and his attorney is not inclined to let him.

"He has been through a tragic, trying time," attorney Weiner said.  "There is no need to subject him to an interview.  The facts of the case are clear."

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