Cops released surveillance footage on Monday showing a city commissioner in Florida confronting an alleged shoplifter inside an Army Navy Surplus store — and then fatally shooting him as he attempts to flee.
Prosecutors are weighing criminal charges against the local politician, identified as Michael Dunn, 47, of Lakeland.
Legal experts told the Tampa Bay Times that while Lopez does have the state’s Stand Your Ground law on his side, it doesn’t appear he was actually in danger or fear for his life that day.
“This is a very difficult case to defend,” explained Tim Hessinger, a Tampa criminal defense attorney and former state prosecutor.
“Just from the video it doesn’t look like Mr. Dunn was in fear and wasn’t justified in shooting Mr. Lopez as he was leaving,” added Bill Loughery, former prosecutor with the Pinellas-Pasco State Attorney’s Office. “It appeared that, because he had his gun, Mr. Dunn was in charge of the situation from the standpoint he was directing Mr. Lopez what to do.”
In the surveillance video, Dunn can be seen confronting shoplifting suspect Cristobal Lopez, 50, inside of the Vets Army Navy Surplus store in Lakeland on Oct. 3. Lopez allegedly swiped a hatchet and tried to walk out with it inside of his pants, according to police.
Dunn can be seen on surveillance cameras inside the store placing his Glock handgun into the back of his waistband and walking toward Lopez in an attempt to stop him.
The Hardee County native had been shopping for hats with his father before the shooting occurred, according to The Ledger.
If arrested, Dunn — who has more than six months left on his term — could be suspended from office by the governor. Florida law allows people to use deadly force when facing “imminent death or great bodily harm.”
A person “has no duty to retreat and has the right to stand his or her ground if he or she thinks deadly force is necessary to prevent death, great bodily harm or commission of a forcible felony like robbery,” the law states.
Dunn’s lawyer has previously said that his client was justified in killing Lopez.
“There was shoplifting, he was told to pay and there was resistance,” attorney Rusty Franklin told News Chief. “Michael recognizes he didn’t set these things in motion. He acted responsibly and legally.”
State prosecutors expect to wrap up their investigation by the end of the week.
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