Florida

No Charges Filed in Fatal 2017 Davie CVS Shooting Over Cell Phone Sale

Davie Police release surveillance footage of fatal shooting in store

What to Know

  • The Broward County panel cleared 37-year-old Matthew Barry for November's shooting of 20-year-old Andre Smith.
  • Barry contacted Smith through Craigslist to buy an iPhone7 for $280 and agreed to meet outside the CVS.
  • Detectives say Barry warned Smith he had a gun after Smith tried to get the phone back after money changed hands.

A grand jury did not bring charges against a man for a fatal shooting inside a South Florida drugstore during a dispute over a cellphone sale.

The Broward County panel cleared 37-year-old Matthew Barry for November's shooting of 20-year-old Andre Smith inside a CVS store in Davie.

The South Florida Sun Sentinel reports Barry contacted Smith through Craigslist to buy an iPhone7 for $280 and agreed to meet outside the CVS. Detectives say Barry warned Smith he had a gun after Smith tried to get the phone back after money changed hands. They say Smith and a friend told Barry they also had a gun.

Detectives say Barry went inside and asked clerks to call 911. They say video shows Smith following Barry, who pushed him and then fired several shots. Smith was unarmed.

On Friday, Davie Police released surveillance footage from inside the store that shows the shooting. Smith's family had demanded the release of the video last year.

"Inside the CVS another disturbance occurs where it appears on the video that Smith is trying to grab at Barry. Barry, who is legally licensed to carry a concealed weapon in the state of Florida, retrieved that weapon and shot his weapon several times ultimately killing Smith," Davie Police Maj. Dale Engle said at a news conference Friday. "This is a tragedy where one man’s life was lost over the sale of a phone, but at this time the case is closed."

Copyright AP - Associated Press
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