MIAMI – (CBS4) – A Miami criminal court judge denied a widow’s claim that she acted in self-defense when she shot and killed the man she suspected of killing her husband.
Now, the decision to determine if Janepsy Carballo, 35, was justified in killing Ilan Nissam in May of 2008 will be left to a jury. Through her attorney, Carballo had filed a Stand Your Ground motion in an attempt to seek immunity from prosecution.
But Circuit Court Judge Beth Bloom issued her ruling Friday saying that there is an “inescapable conclusion that the Defendant lured the Victim to the home and killed him” and that Carballo’s words to a confidential informant could not be “interpreted in any other manner but one of revenge.”
Carballo, 35, faces a first-degree murder charge, but was released from jail and held on house arrest in January of 2011.
Carballo’s husband Orlando Mesa was shot while walking in front of the Claude Pepper Park right outside his home by NW 135th Street on April 20, 2008 with his 2-year-old boy still in his arms. A car driven by two men pulled up and shot at him, hurting his boy as well. The boy recovered, but Mesa did not. Police never arrested anyone in his murder.
Police say a month later, on May 20, 2008, Nissam was found shot to death in her house. Carballo told police that he had entered her home forcefully and that she was forced to shoot him. A police investigation revealed that Carballo had called Nissam to her house at 13365 NW 12th Avenue.
Police say that when he arrived, Carballo had Nissam help her move sound equipment from one room to another and then she told Nissam she was “ready” and pointed the gun at him. He pleaded for help and she replied “Orly (her husband) asked for help too, [expletive],” the police statement reads.
The state prosecutors are relying heavily on the testimony of a confidential source who befriended Carballo.
Nissam’s family members sat in the courtroom and said they were relieved by the judge’s ruling.
“We want justice,” said Ilam’s sister Yaffit Nissam whose family is from Israel. She said Nissam left behind a daughter who is now 6 years old.