The Doral Shooting Case and Florida’s “Throwing Deadly Missiles” Laws
A recent shooting in Doral, Florida has brought attention to the state’s laws around discharging firearms and “throwing deadly missiles.” In October 2021, a man named Lazaro Hernandez allegedly shot and killed a woman and critically wounded a handyman at a home in Doral[1]. Hernandez was described as “extremely erratic” when taken into custody and was smiling, according to investigators[1].
This was not the first shooting incident at the Trump National Doral Miami Golf Club. In May 2018, a gunman opened fire on police officers at the club before being shot himself[2]. One officer suffered a broken wrist, but authorities said the gunman had acted alone[2].
There have also been other recent shootings involving Doral police officers. In October 2021, two Doral officers were injured in a shooting near Miami-Dade police headquarters[3]. And in July 2020, a man allegedly shot at the tire of another driver during an argument over political views[4].
Just this January, Doral police investigated another possible shooting stemming from a road rage incident[5].
So what charges could potentially apply in cases like the Hernandez shooting incident? Florida has statutes against discharging a firearm in public or on residential property (790.15) and improper exhibition of dangerous weapons or firearms (790.10). There are also laws against throwing deadly missiles, defined as projecting a stone, metal, or other hard substance that could cause injury.
Prosecutors may consider factors like whether the shooting was in self-defense, if the shooter had a valid concealed carry permit, and the circumstances leading up to the incident. Defense lawyers may look at Florida’s Stand Your Ground law and self-defense protections.
The throwing deadly missiles law has its roots in English common law and was meant to deter disorderly conduct. But some attorneys have argued it can be applied too broadly, criminalizing merely reckless behavior. Critics say prosecutors sometimes stack this charge on top of more serious gun charges.
Florida’s self-defense laws also provide robust protections for individuals claiming they acted reasonably to protect themselves or prevent a forcible felony. The Stand Your Ground provision removes the duty to retreat before using force.
Ultimately, the exact charges depend on the unique details of each shooting case. Prosecutors have discretion, and defense lawyers can argue the applicability of certain laws. The full story often emerges only at trial. But Florida’s statutes do provide criminal penalties for the irresponsible discharge of firearms resulting in injury or death.
Cases like the Doral shooting illustrate how disputes can escalate quickly into violence when guns are present. Florida grapples with balancing self-defense rights and the need for public safety.