By Team

MIAMI (CBSMiami) – The attorney representing the estate of Franklyn Pineyro, Sr., the victim who was shot and killed inside a Publix in Coral Gables in February spoke to CBS4 News.

Store surveillance video shows Pineyro in orange at the counter when the man accused of shooting and killing him runs his cart into Pineyro’s legs.

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Video continues to show as an apparent argument begins and then you see the accused shooter take out his gun.

The attorney says the incident could have been preventable had armed security guards intervened.

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“There is a standard for grocery stores in this part of Miami, to have security in the event that this type of altercation occurs and escalates and builds up the way that this did. This should never happen. Somebody should never be shot after an altercation escalates in the front entrance of the grocery store without any intervention.”

The estate is suing Publix supermarkets and Osmel Lugo Gutierrez, the accused shooter.

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CBS 4 reached out to Publix for comment, but they said they do not comment on open investigations and/or pending lawsuits. Team