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COCOA, Fla. - The Cocoa Police Department is investigating the deadly shooting that happened at an apartment complex late Monday evening.
According to detectives, the shooting may fall under Florida’s Stand Your Ground law, which allows one to use deadly force to defend themselves if they believe their life or someone else’s is in danger,
What we know:
Cocoa police are investigating the deadly shooting of 21-year-old Jyuri Smith. It happened around 11 p.m. on Monday in the parking lot of Oak Meadows Apartments.
Detectives said a witness drove Smith to Cape Canaveral Hospital, where he was pronounced dead shortly after arrival. Preliminary findings suggest the shooting may have been an act of self-defense under Florida’s Stand Your Ground law.
According to investigators, Smith was armed with a rifle when he approached a 22-year-old man with whom he had an ongoing dispute.
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The younger man then shot Smith, police said. The shooter is cooperating with investigators, and the firearm involved has been recovered.
What we don't know:
Authorities have not released the name of the 22-year-old shooter or the exact nature of the dispute between the two men as no formal charges had been filed. Police have not confirmed how many shots were fired or whether any surveillance footage captured the encounter.
What they're saying:
Detectives said the case remains open as they continue consulting with the State Attorney’s Office to determine whether charges will be filed.
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"Preliminary findings suggest the incident may have been justifiable under Florida’s Stand Your Ground laws and appears to have been an act of self-defense," investigators said in a statement.
What is Florida's ‘Stand Your Ground’ law?
Dig deeper:
Florida allows residents to use deadly force to defend themselves without retreating if they believe their life or someone else’s is in danger, according to the state’s "Stand Your Ground" law (Florida Statutes 776.013).
The law, which was passed in 2005, states that a person has the right to use or threaten deadly force inside a home, residence or vehicle if they reasonably believe it is necessary to prevent death, serious injury or the commission of a forcible felony. The law also applies to the use of non-deadly force in defense against "imminent unlawful harm."
Under the statute, a person is presumed to have a reasonable fear of death or great bodily harm if someone unlawfully and forcibly enters — or attempts to enter — a home, residence or occupied vehicle. The same protection applies if an intruder tries to remove someone from those spaces against their will.
However, that presumption does not apply in certain circumstances, including when the person targeted by defensive force has a legal right to be there, such as a resident or property owner, or when the person using force is engaged in criminal activity. The protections also do not apply if the individual entering is a law enforcement officer performing official duties.
Florida’s law further presumes that anyone who unlawfully and forcibly enters a home, residence or occupied vehicle does so with intent to commit a violent crime.
The Source: This story was written based on information shared by the Cocoa Police Department and the Florida Statues.