MIAMI LAKES (CBS4)- Police are investigating a shooting in Miami Lakes outside a Haagen Dazs ice cream shop which involved a retired BSO deputy.

According to CBS4’s Evan Bacon, retired BSO deputy Maury Hernandez opened fire on a man who attempted to assault his family Saturday afternoon at a shopping center at 16403 NW 67th Avenue.

Hernandez, who made headlines in South Florida when he was shot in the head a few years ago during a traffic stop, was having lunch with his fiancée, mother and children, including two kids and a baby. Shortly after, the family was at the ice cream store when the man began “bothering” Hernandez and his family and started swinging at the officer.

But when the man started to make contact with Hernandez’s children, Hernandez physically made contact with the man.

“There was a verbal dispute and he was being aggressive,” detective Alvaro Zabaleta with the Miami-Dade Police Department said. “He began to escalate at that point and swing at the victim (Hernandez).”

According to police, the man continued his actions and the officer fired his registered gun multiple times at the man.

“It was an individual…a dark-skinned male, possibly mulatto, 33-years of age that was inside the commercial establishment bothering patrons,” Zabaleta said.

The man was taken to Jackson Memorial Hospital.

But questions remained as to why a former deputy used what could have been deadly force against an unarmed man.

“If you do carry a firearm on you, and you are permitted to then you are allowed to you it if in fact you feel that your life is in danger,” Zabaleta said.

Hernandez was featured in a story on CBS4 back in December 2010. He was shot in the head on the job while going after a suspect in Pembroke Park in August of 2007 when he was 28-year-old. Read more here.

Hernandez spent days in a coma and months in the hospital after his shooting in 2007.

Comments (8)
  1. Buz Bowen says:

    Justified, had it been me the guy would be at the ME’s officewaiting for a funeral home to come get him.

  2. Jane Doe says:

    This former deputy was shot and had reconstructive surgery. He would have had reconstructive surgery and he was 100% the way he was before that incident. Don’t forget he was unable to go back to regular duties at BSO. To him a person swinging at him would be mroe of a threat than to other people.

  3. hialeahtom says:

    Just a habit.

  4. with reason says:

    If he is hyper sensitive to perceived threats, then he should not have a license to carry a concealed weapon. There were other ways he could have stopped this unarmed annoying man with out shooting him MULTIPLE times.

    1. Rob says:

      Not being there, you don’t know that this is true. It is possible that he had no other reasonable way to stop the threat to his children. And the law doesn’t require that you always attempt to use the least possible force (to prevent armchair quarterbacking like yours from being a legal determination), only that the force you use is reasonable to someone in your position

    2. Bonz says:

      Since you are obviously an eywitness to the assault, or an expert in self defense, perhaps you can share with us what he could have done.

  5. Rob says:

    “According to police, the man continued his actions and the officer fired his registered gun multiple times at the man.”

    Registered with whom? There is no gun registration in Florida, or the vast majority of other states either. Except for Hawaii, California, Illinois, and a few of the more communist NE states, no state registers guns.

  6. Bonz says:

    Lots of criticisms of how this man protected his family, but no suggestions as to how he should have reacted. We have a man who has physical limitaions out for an enjoyable day with his family. For no reason, a lunatic Bad Guy decides to assault him and his family. An older women was injured. Nobody came to their aid. Pleas for the attacker to cease and desist fell on deaf ears. You all seem to be able to find fault with the man yet no ideas are provided as to how he should have defended his family. What should he have done folks? What would all of you have done?

Leave a Reply

Please log in using one of these methods to post your comment:

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

More From CBS Miami

What Are People Talking About?
Weather Forecast 24/7Check for current temps and what to expect throughout the day

Watch & Listen LIVE