Police have released the surveillance footage of a 33-year-old Army Ranger veteran being shot to death at a Florida casino on Christmas Day.
Fernando Duarte was shot in the parking lot of the Miccosukee Resort & Gaming after an altercation started with two men at a poker table, which forced security to ask him and his friend, Kenny Estevez, to leave.
In the security footage, Duarte can be seen chasing their vehicle and being shot multiple times.
Kenin Bailey, 25, and Mikey Lenard, 25, were arrested on first-degree murder charges after the shooting, but prosecutors said surveillance video from the casino and witness testimony prove that unarmed Duarte was the aggressor.
Prosecutors dropped all charges against the 25-year-olds. The prosecution claims the video shows Duarte moving his hands to his waist area and to his stomach as well as instigating the altercation.
Prosecutors said Estevez went to his car and blocked Bailey and Lenard’s vehicle from leaving the parking lot and Duarte pulled up alongside them when they first left the casino.
Duarte got out of his car and made a simulated gun hand gesture with his fingers, according to prosecutors. Duarte apparently was not deterred by Lenard, who responded by brandishing a legally purchased firearm. Prosecutors say he charged their vehicle, despite being unarmed, and was hit with two of the thirteen bullets fired by Lenard.
Duarte, who was suffering from PTSD and a military related leg injury, later died at Kendall Regional Medical Center. A toxicology report showed Duarte had alcohol and cocaine in his blood, according to a memorandum to the Chief Assistant State Attorney.
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