Report: Shooter At Winn Dixie Angry About Damaged Truck

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DANIA BEACH(CBSMiami) --A new arrest report says a 71-year-old man who's accused of gunning down a man in his 20s outside a Winn Dixie Supermarket on Monday night was angry that his red pickup truck had been damaged.

The nephew of the suspect---Jeffrey Collie---told CBS4's Peter D'Oench that he is stunned by the allegations and said his uncle would have never acted that way in anger.

"He's a good person, a good man," said Ed Darling, the nephew of Collie. "He has never caused problems for 50 or 60 years as far as I know. We really don't know what happened. We really don't. The judge said he was the aggressor but we have heard different stories."

"He would never do something like that," said Darling. "He had to have been provoked. We have got to fight the charges. We have got to fight the charges to be free."

A check of records showed Collie has been in trouble before. Records show he was arrested in 1987 for carrying a concealed weapon, in 1989 for child abuse and battery and in 2008 for marijuana possession and possession of a weapon by a convicted felon.

Collie is charged with 2nd degree murder and was held without bond after a hearing before Judge John Hurley.

Collie's daughter and son-in-law were also in court. His daughter shed tears as Hurley told Collie, "This is a very serious crime. Mr. Collie, you are charged with murder without premeditation with a handgun in Dania Beach."

Collie said he did not have a private attorney.

In court, Assistant State Attorney Mike Jones said the victim---Ellyaher Lanza---was shot in the chest and said surveillance tape refutes Collie's testimony. Jones said Collie followed the victim from store to store and said the surveillance tape contradict's Collie's testimony.

The arrest report said Collie had gone to the Winn Dixie on Labor Day night to play the lottery and met the victim in the parking lot when he was asking for money like a panhandler. Collie did not give him money and went in to the store.

When he came out of the Winn Dixie, he was told that someone heard a "bang" and that he should check his red pickup truck for damage. Collie reportedly confronted Lanza when he was going from the Dollar Store to Winn Dixie.

The report says Collie admitted to confronting Lanza. He said he was restraining Lanza until police arrived and said the gun discharged by accident when he grabbed Lanza's arm.

The report said surveillance tape shows Lanza was the aggressor and contradict's Collie's claims the gun discharged by accident. The tape shows the victim pulling his shirt off to try to get away.

The shooting happened at 7:05 p.m. at the store at East Dania Beach Boulevard and S.E. 3rd Ave.

Mary Anne Balaban heard the gunfire. "All of a sudden I heard the gunshots," she said. "And it's like this isn't firecrackers. This is a gun and the next thing you know everyone was running over here with lights and sirens."

Neighbor Dominique Filosa said, "I can not understand why we choose such violent ways. Nobody talks anymore. They just pull the gun."

Another unidentified neighbor said, "It's a shame to take such a young life like that."

The store is not far from Collie's home where he lives next to his mother, who neighbors say recently celebrated her 103rd birthday.

A longtime neighbor, Mamie Gooden-Lee, told D'Oench, "I was in shock. I just wonder what happened to cause this. Jeff's been in this neighborhood his whole life. He grew up here and went to Attucks Middle School. He's a good neighbor. He is quiet. There were no problems. He kept to himself."

The Winn Dixie supermarket chain issued a statement.

A spokeswoman said, "The safety of our customers and associates is always among our highest priorities and we thank the Broward County Sheriff's Office for their rapid response to this tragic incident. We are taking this matter very seriously and are fully cooperating with law enforcement during their investigation."

A spokesman for the property that Winn Dixie is located on said he was not able to show CBS4 the surveillance tape because BSO investigators were going to pick it up and it would not be available.