The attorney of a man who fatally shot another man who was riding a scooter near Perrine back in 2020 is claiming his client pulled the trigger in self-defense.
The trial for the murder of 28-year-old Devin Smith is underway. The accused killer, Daishun Doctor, lost a "stand your ground" immunity hearing but took the stand Wednesday and claimed the shooting was in self-defense.
A jury heard the audio of the deadly May 16, 2020, shooting that was captured by ShotSpotter near Perrine. Police said as many as 15 were fired. Jurors also saw the video of the shooting that was captured on a home surveillance camera.
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The video shows a black Toyota Camry slowing down on a street and then making a full stop as a man on a scooter drives in the opposite direction.
The driver of the Camry is then seen opening the door with a gun in hand and then shooting and killing Smith, the man on the scooter.
The Camry takes off, leaving the man shot on the ground.
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Doctor was later identified as the driver of the Camry. He was arrested and charged with second-degree murder.
“This case is really about the cops getting it wrong. And that’s what the jury is going to hear," defense attorney Michael Grieco said.
Doctor testified Wednesday that Smith pulled out a gun while riding a scooter. But the prosecution disputed that claim, pointing to the video and arguing that Smith couldn’t have taken his hands off the handles of the scooter and brandish a weapon at the same time.
Earlier, a detective did confirm that Smith did have a weapon on his person. But the weapon was removed from the scene before officers arrived and was later retrieved during the investigation
“And my client was doing what he was legally entitled to do," Grieco said. "My client had a concealed weapons permit at the time. He was legally carrying his firearm."
The State Attorney’s Office doesn't comment on open cases, but an arrest report from Miami-Dade Police says Doctor “fired a total of 15 shots at the victim … the victim was shot by the defendant as he drove toward, past, and after falling defenseless to the street …The defendant continued to shoot at the victim once the victim was on the ground.”
Grieco said Smith pulled his gun out first.
“The other individual who passed, he was not carrying his gun legally," Grieco said. "He pulled his gun and my client decided that he was gonna be judged by 12 instead of being carried by 6."
