An Uber driver who fatally shot his 19-year-old passenger in Hollywood won't face charges after prosecutors said said the evidence in the case wouldn't negate the state's "stand your ground" defense.
Uber driver Christopher Bernadel won't face criminal charges in the Nov. 9, 2022 shooting of Miles McGlashan, the Broward State Attorney's Office said in a June 13 closeout memo released Wednesday.
In a statement, Broward State Attorney Harold Pryor explained why his office wasn't pursuing any charges.
"Florida's Stand Your Ground Law requires prosecutors to assess the facts and evidence we receive. While hearts and minds often struggle, prosecutors are tasked with and required by law to ensure there is not only probable cause to support a criminal charge but that there is also sufficient evidence to prove that charge beyond every reasonable doubt," the statement read. "Based upon the evidence we received in this matter, our office cannot pursue charges."
Get South Florida local news, weather forecasts and entertainment stories to your inbox. Sign up for NBC South Florida newsletters.
According to the closeout memo, Bernadel had picked up McGlashan and issues started over McGlashan trying to change the address. Bernadel told McGlashan he wouldn't change the address or take him to the new address, so McGlashan allegedly cursed him out, the memo said.
When the car arrived at an area near Oak Street and North Park Road, Bernadel said McGlashan canceled the ride, got out of the car and slammed the door, the memo said.
Bernadel said he got out and asked "What's going on?" and told McGlashan that he "didn't have to be disrespectful," before he said McGlashan punched him multiple times in the head, the memo said.
Local
Bernadel told detectives he "was wearing his glasses at the time he was being hit and was stumbling when he reached for his firearm because he was in fear for his life," the memo said.
According to the memo, Bernadel said he fired one shot as he was being hit by McGlashan.
Bernadel said McGlashan disengaged and he believed he ran to a fence at a nearby neighborhood, as Bernadel got in his car drove about a block from the scene, and called 911, the memo said.
McGlashan was found shot once in his chest and taken to Memorial Regional Hospital. He died from his injuries more than two months later, on Jan. 19.
Bernadel had swelling to the side of his head when police arrived at the scene, the memo said.
It added that Bernadel had a carrying a concealed weapon license for the firearm.
The memo cites a Florida Statute that states "a person is justified in using or threatening to use deadly force if he or she reasonable believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself."
"A person does not have a duty to retreat and has the right to stand his ground so long as he is in a place he has a right to be and is not engaged in a criminal activity," the memo continues.
In a statement, former NBC6 reporter Willard Shepard and David Kubiliun, attorneys for McGlashan's mother April, said she was "devastated" that Bernadel wouldn't be prosecuted.
"Miles was unarmed, and at 5 foot 7 and 125 pounds approximately half the size of Mr. Bernadel who the record indicates got out of the vehicle with a concealed weapon to question Miles after the college student was walking away," the attorneys' statement read. "No one in our community should accept that Florida’s stand your ground law has evolved into a ride share customer being shot and ultimately killed over 20 dollars by the very driver they hired after the customer was heading on foot for the rest of their journey. One trauma surgeon determined in lay terms that Miles was shot while turned away and we believe that the portions of the law where the driver would be considered the aggressor were not appropriately applied."
McGlashan, a student at Barry University, had been on his way to visit his grandparents the day of the shooting, the family's attorneys said.
The attorneys' statement added that they would be officially requesting a further review by the state attorney to present the matter to a grand jury.
In his statement, Pryor said he met with McGlashan's family to explain why no charges would be filed.
"In order to prevent another tragedy like this one, I did share with the family that I would like to support legislation that would require an ever-present safety measure when using hired car services like Uber and Lyft. All vehicles should be required to be equipped with a video surveillance system that cannot be disabled when a customer is using the service," his statement read. "We can never take away the loss of a loved one but we can certainly work to prevent a similar loss of life in the future."
NBC6 reached out to Bernadel for a statement but has yet to hear back.
