City official accused of murder after shooting suspected thief

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City official accused of murder after shooting suspected thief







The Florida City commissioner who confronted and shot an alleged thief in a military surplus store earlier this month was charged with murder Friday.



Michael Dunn, who serves as commissioner of the City of Lakeland for the Southwest district, confronted a man who police said had taken an ax from the store he owns when he shot and killed him. The surveillance images of the incident, which took place on October 3, were published on Monday.



Christobal Lopez, 50, was killed in the shooting.



Dunn was charged with second-degree murder on Friday. If convicted, he could spend his life in prison.





Lakeland Police Department 
The surveillance video captured Cristóbal López's death in the Vets Army Navy Surplus store by store owner Michael Dunn after Lopez attempted to steal an ax on October 3, 2018, in Lakeland, Florida. . 

Dunn, 47, had claimed that he acted in self-defense, knowing that the man was in possession of an ax, and cited the state law to "defend his territory." The state prosecutor for the tenth judicial circuit of Florida said otherwise.



"I have determined that this case and Mr. Dunn's actions are outside the protection of the land law," Polk state prosecutor Brian Haas said at a news conference on Friday night.



According to an affidavit and surveillance images of the store, Dunn left his office at the Vets Army Navy Surplus store when he saw Lopez take an ax from a shelf and stick it on the waistband of his pants. Dunn grabbed a gun, tucked it in his waist and cut off Lopez so he would not leave the store. The two argued, according to the affidavit, before the ax fell from the leg of Lopez's pants and fell to the ground.



Lopez said he would pay for the ax and returned to the counter, before "hastily trying to abandon the business with the ax in his hand," according to the affidavit. You see Dunn grabbing Lopez's shirt to keep him from leaving. Then he loses the grip of the shirt and raised his weapon to "eye level" and fired twice.



One shot hit Lopez in the upper left torso and another hit him in the back, according to the affidavit. He died on the scene. Dunn did not try to "lend aid to the victim," says the affidavit.





City of Lakeland
Michael Dunn, commissioner of the city of Lakeland for the southwest region, in this undated photo of the city government page.

"At no time did the victim appear to have made any threatening movement towards the suspect," the affidavit states. "In addition, the testimony of a witness ... revealed that the victim did not make any verbal threat to the suspect."



The affidavit also includes statements to the Dunn police after reading their Miranda Rights: "The suspect stated that he was afraid, but when asked what would have happened if he had let the victim go, the suspect replied:" It could be Just to say that if I step back and let someone in and take what he wants, there would be no problem! "



Rusty Franklin, Dunn's lawyer, told ABC News on Monday, before the arrest of his client, that "all legal defenses are under analysis and will be prosecuted."



Franklin later told a news conference Monday that Dunn "acted responsibly and legally."



Dunn is currently being held in the Polk County jail, and a date for the arraignment has not yet been set.





Florida State Attorneys Office 
Michael Dunn, 47, was charged with second-degree murder for the shooting death of a man who allegedly attempted to steal an ax from a store he owned in Lakeland, Florida, on Wednesday, October 3, 2018.

The charge is the second example in three months in the state in which a prosecutor did not accept a defense to "defend his territory." Michael Drejka was accused of homicide after shooting a man in front of a convenience store in Clearwater in August. The security footage of that incident showed Markeis McGlockton pushing Drejka to the ground after he confronted his girlfriend outside the service station. Drejka shot and killed McGlockton.



Florida's "Stand your ground" law came to national prominence in 2012 with the acquittal of George Zimmerman for the fatal murder of Trayvon Martin in Sanford, Florida. The law, described in statutes 776.012 and 776.013, says that a person "has no duty to withdraw and has the right to defend his position if the person who uses or threatens to use lethal force is not involved in a criminal activity and It is in a place where he or she has the right to be. "





Matt Stone, Matt Foster and Joshua Hoyos of ABC News contributed to this report.

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