More than five months after Miles McGlashan was taken off life support, authorities announced this week that the Uber driver who shot the 19-year-old passenger last year in Hollywood won’t be charged following prosecutors’ invocation of Florida’s “Stand Your Ground” law.
The law justifies the use deadly force if a person “reasonably believes” that using such force is necessary to prevent imminent death or great bodily harm, or to prevent the impending commission of a “forcible felony.”
Christopher Bernadel, the driver, told Hollywood detectives that on the night of Nov. 9, McGlashan got out of the vehicle and slammed the door following a disagreement between them over the ride’s destination. Bernadel then walked toward the Barry University student, words were exchanged and the passenger punched him in the head “multiple times,” the driver told police.
After retrieving a firearm from his waist, Bernadel shot McGlashan one time before getting into his car, leaving and calling 911 minutes later around 7:30 p.m.
Police found McGlashan’ bleeding next to a Chevrolet Malibu near his grandparents’ home in the 3000 block of North Park Road, according to a redacted police report. The Plantation man, a freshman who was majoring in criminology, spent 71 days at Memorial Regional Hospital fighting for his life until he was disconnected from life support Jan 19.
A medical examiner’s report obtained by the Miami Herald determined that McGlashan died as a result of complications of a gunshot wound of the chest and that the matter of death was a homicide. It also noted two bullet holes: one on the right side of his chest and the other on his “right flank.” But because of medical interventions during surgery and wound healing, the Broward State Attorney’s office said the gunshot examination was “limited.”
To make matters more complicated, investigators say there were no witnesses or security cameras at the time of the shooting.
READ MORE: 19-year-old man dies months after being shot by his Uber driver, Hollywood police say
“We are taking some time to absorb this grave injustice,” April McGlashan, Miles’ mother, told the Herald in an email Wednesday. She has said that her son was likely using the Uber to get to his grandparents’ house or could have been headed to visit a friend.
Willard Shepard, her attorney, said Wednesday that the State Attorney’s Office should review the case and present the evidence to a grand jury, which can ultimately decide whether charges will be filed. Shepard noted that while EMTs and one emergency room physician said the bullet entered through McGlashan’s chest, a surgeon determined that he had been shot in “right posterior flank.”
“Once he got out of the car and pursued Mr. McGlashan, we believe he should be considered the aggressor,” Shepard said.
Efforts to contact Bernadel were unsuccessful.
What are prosecutors saying?
Bernadel, who was carrying a concealed weapon license for the Taurus 9mm pistol he used to shoot McGlashan, was found that night about a block away with swelling on the left side of his head, investigators say.
In a statement issued Wednesday, Broward State Attorney Harold F. Pryor justified the decision not to pursue charges against Bernadel after meeting with McGlashan’s family.
“Florida’s Stand Your Ground Law requires prosecutors to assess the facts and evidence we receive,” Pryor said. “While hearts and minds often struggle, prosecutors are tasked with and required by law to ensure there is not only probable cause to support a criminal charge but that there is also sufficient evidence to prove that charge beyond every reasonable doubt.”
READ MORE: Uber driver shot his teen passenger after attack, Broward police say. A mom wants answers
Pryor said he would support legislation that would require all ride-share vehicles to be equipped with a video surveillance system that cannot be disabled while a customer is using the services.
“We can never take away the loss of a loved one but we can certainly work to prevent a similar loss of life in the future,” Pryor said.
What’s next?
Shepard, the attorney for the McGlashan family, said they will request the state attorney to review the case and present it to a grand jury, “so the residents of Broward County can determine with all the evidence in front of them if behavior like this is now OK.”
He referenced a portion of the state’s “Stand Your Ground” law, which states the aggressor must exhaust “every reasonable means to escape such danger, and said Bernadel, the driver, could have run or driven away instead of approaching McGlashan.
“This a tragedy for our community,” Shepard said.
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