Judge Refuses To Throw Out Case After Father of 7 Charged in Homestead Shooting

The family of Joshua Rivera, 30, say he was trying to protect his fiancée and children when he pulled out the gun

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A South Florida man accused of shooting someone he thought was trying to break into his apartment is facing attempted murder charges.

A trial is expected early next year after a judge refused to throw out Joshua Rivera's case Friday.

The family of Rivera, 30, attended the proceedings Friday, hoping Rivera's attorney could convince Circuit Court Judge Ellen Sue Venzer to release him from jail in time for Christmas.

His team argues he was trying to protect his children and fiancée when he pulled out the gun and doesn't deserve to be behind bars.

Rivera, a father of seven, was arrested last month on charges of attempted felony murder, aggravated assault with a firearm and misuse of a firearm.

The incident in November started when another man, Anthony Trinchet, knocked on neighboring doors at Rivera's Homestead apartment complex. Police said Trinchet was looking for a friend.

The last door he knocked on was Rivera's.

The police report indicates that witnesses saw a fight break out between the two. Rivera then pulled out a gun and shot Trinchet.

Trinchet, who was grazed by the bullet in the head, was treated at the hospital. He survived his injuries.

Trinchet is facing charges in a different case -- lewd behavior with a minor.

He has plead not guilty and is out on bond.

Rivera's team argues it's unfair that Rivera is in jail and was only defending his family.

Their attorney, Michael Pizzi, asked the judge to throw out the murder charge.

The judge said the case would continue.

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