MIAMI SHORES (CBSMiami) – The girlfriend of a man shot to death while he reportedly was trying to steal a personal watercraft from the behind a Miami Shores home has accepted a plea deal from prosecutors.
Carolina Lopez, who had been charged with grand theft, was sentenced to a year’s probation, 50 hours of community service and ordered to pay $200 to a crime victims fund after she pled no contest.
According to police on May 21st, 2010 Lopez, who was 19-years old at the time, piloted 21-year old Reynaldo Munoz’s personal watercraft with the intention of stealing another one. She dropped Munoz off behind the home of attorney Jeffrey Davis with the intention of meeting up with him later after he had stolen the family’s Waverunner.
Davis was not home at the time but his wife and teenage son were. Police said Munoz was shot and killed by Davis’s 14 year-old son, Jack, who feared for his safety and the safety of his mother.
Initially there was some confusion as to who pulled the trigger because in her 911 call to police Davis’ wife Yasmin 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.”
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.”
Munoz did not have a gun, according to police.
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 family has sued the Davis family claiming “Jeffrey Davis was negligent for owning the shotgun used to commit the crime, and Yasmin 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.”
Attorney Jeffrey Weiner who represents the Davis family told CBS4 last November 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.
Weiner 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.”