A South Florida man accused of shooting his neighbor during a dispute over dog poop was ordered held without bond Tuesday.
Omar Rodriguez, 66, of Miami-Dade, appeared before a judge Tuesday as he faces a first-degree attempted murder charge in the shooting of Jose Rey.
A clerical error by the lead detective in the case had Rodriguez initially charged with second-degree attempted murder. But in bond court the state attorney quickly brought up the error, emphasizing Rodriguez should be held without bond on a first degree charge.
"It shows premeditation. He consistently had opportunities to stop and reflect on his actions when he went to his car, got his gun," the prosecutor said.
According to police, Rey was walking his dog home Saturday night in his Kendall neighborhood when Rodriguez said Rey's dog was attempting to defecate in Rodriguez's son's yard.
Neighbors told police that the two men began arguing loudly and Rodriguez told police that Rey threatened to return and fight him. Rodriguez told police that after he spotted what appeared to be a shiny object in Rey's hand, he went to his car and retrieved a gun from his glove compartment.
Rodriguez opened fire, shooting Rey. Rey, a father of two, was rushed to the hospital in critical condition. Rey's family released a statement Tuesday to give an update on his status.
"On behalf of the Entire Rey Family we would like to thank you for your continued support and prayers at this time. Since this heinous shooting Pepe has under gone multiple surgeries and we are waiting a final one at any time between today and tomorrow," the statement said. "Every minute that goes by is a blessing and one step forward to his road to recovery."
At court Tuesday, Rodriguez's attorney, Alan Ross, said it was a justifiable use of force.
"Despite how this case has been characterized and portrayed, over the weekend in the press, on TV, again here in court this morning, we're confident that once all the facts are known and once all the circumstances surface that a different picture is going to be painted and that the community will then understand that there was a justifiable use of force and a well founded fear that supported the conduct of the defendant in this case," Ross said.
Ross argued that the charge should be second-degree attempted murder, which would allow Rodriguez to be released on bond. He also claimed the arrest affidavit showed Rey was the aggressor.
"It indicates that Mr. Rey was looking for a fight. 'I'm going to take my dog home, I'm going to come back, I'm going to do all of those things,'" Ross said.
Rey's daughter, Becky Rey, said that would be out of character.
"He's known and loved by a lot of people," she said. "You can't hear one bad thing about my dad."
Rey's daughter has spent countless hours at the hospital as her father fights for his life.
"We were concerned for our safety, so it's good news for us. We just want to focus now, we need to stay focused now on my dad," she said.
The judge also placed "stay away" order from Mr. Rey and his wife.
A GoFundMe account has been set up to help the Rey family with medical expenses. If you would like to help, click here.