A man who was injured in a fatal shootout with armed robbers at a Kendall ATM likely wouldn't be facing charges if he hadn't returned to the scene to continue shooting at one of the suspects, Miami-Dade prosecutors said.
Christopher Luis, 24, was arrested Thursday on an aggravated battery with a firearm charge related to a Feb. 13 incident that left a teen dead.
According to an arrest warrant, Luis was using the drive-thru ATM at a BB&T bank at 8701 Southwest 137th Avenue when three armed suspects, including 16-year-old Nimikae Clarke, tried to rob him.
Luis was also armed, and a shootout between him and the three suspects ensued, with Clarke and Luis hit by gunfire, the warrant said.
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The warrant said Luis drove away from the drive-thru area but returned and found Clarke incapacitated on the ground.
Luis then used Clarke's gun and fired at Clarke more than ten times, the warrant said.
Clarke was pronounced dead at the scene. Luis was shot in his left bicep and right hand and was taken to Kendall Regional Medical Center for treatment.
In a statement released Thursday, the Miami-Dade State Attorney's Office said forensic medical evidence and doctors who performed an autopsy on Clarke determined he received two fatal gunshot wounds during the initial shooting, before Luis returned.
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"When he arrived the second time, Luis shot at Clark multiple times, injuring him. However, none of the shots were fatal," the state attorney's statement read. "Consequently, Christopher Luis is charged with Aggravated Battery with a Firearm (a second degree felony) and not murder or manslaughter because Luis was legally justified in using his firearm during the first incident under Florida’s self-defense and Stand Your Ground laws."
Luis, of Miami, was booked into jail where he was being held on a $25,000 bond, records showed. Attorney information wasn't available.
