Family Filing Lawsuit Over Video of Fatal Davie CVS Shooting

Family demands release of surveillance video in shooting of Andre Smith

The attorneys for the family of the man who was shot and killed during a Craigslist transaction at a Davie CVS say they're filing a public records lawsuit to demand the release of surveillance video in the case.

The surveillance video captured the fatal Nov. 1 encounter between 20-year-old Andre Smith and 38-year-old Matthew Barry at the CVS on University Drive near Griffin Road that ended in Smith's death.

Police said Barry believed he was being robbed when he went to the CVS to purchase an iPhone 7 that Smith was selling through Craigslist. Barry ran into the CVS, frantically telling employees to call 911, as surveillance video showed Smith and his friend follow him into the store, police said.

Surveillance video from the store showed Smith pursuing Barry through the store, police said. At one point, Barry pushed Smith away from him, pulled out his gun and opened fire, hitting Smith several times. Smith later died from his injuries.

Barry hasn't been arrested, and his attorney said he acted in self-defense. Jose Baez and Jasmine Rand, attorneys for Smith's family, claim he was unarmed at the time of the shooting, and have demanded that the video be released to the family, claiming that withholding it from them is a violation of the law.

"This withholding of the video is completely inappropriate for various reasons," Baez said at a news conference Friday to announce the lawsuit.

At a news conference Thursday, Davie police officials said they wouldn't release the evidence until their investigation was completed.

"We are extremely disturbed that the Davie Police Department chose to speak to the media yesterday and not to the family," Baez said.

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