After being locked up for almost two weeks for the murder of Orestes Betancourt, 18 year-old Eduardo Macias is no longer being charged with murder.
“And it’s a complete immunity to the charge of murder or attempted murder,” Andrew Ryer, Macias’ attorney said.
This comes after new surveillance video was obtained by the Miami Herald that shed light on something police missed.
“The police, when they took the victim’s car, discovered a handgun at the wheel well, which could only have been placed there by the victim,” Ryer said.
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An altercation quickly escalated with gun fire at the gas pump at a Citgo station on W. 60th Street, according to an arrest report.
After the incident, surveillance video shows Macias’ car fleeing the scene.
Police tracked down those involved and arrested Macias after an hours-long standoff after he barricaded himself in a Hialeah apartment.
Law enforcement surrounded his apartment until Macias surrendered, all of it captured by Chopper 6.
After further investigation, it is the “Stand Your Ground” law that is clearing Macias.
The "stand your ground law is written for defensive, imminent battle of fear. So, because Mr. Macias was in imminent bodily fear,” Ryer said, “he fired his hand gun. I had an individual that was charging at him with a handgun.”
Why didn't Macias just tell police he was defending himself?
"He had no idea if the victim died. If the victim continued to pursue him,” Ryer said. “He was panicked, he was terrified. He’s 18 years old. He had a reaction to just run."
Betancourt’s mother, distraught, says she wants the state attorney's office to reconsider, saying justice needs to be served.
Macias' lawyer says that despite the charge being dropped, it is something he will now have to live with.
“He’s an 18-year-old. He killed somebody and he’s gonna have to live there for the rest of his life,” Ryer said.
Macias is still facing charges for possession of a firearm by a juvenile. He'll be in court Monday.