Two brothers face felony charges after police accused them of attacking a worker and using his own gun against him in Miami mechanic shop brawl Monday afternoon.
Pedro Luis Rodriguez, 40, was charged with aggravated battery with a deadly weapon and Angel Rodriguez-Candano, 32, was charged with aggravated assault with a firearm. Aggravated battery with a deadly weapon is a second-degree felony in Florida that, if convicted, can carry up to 15 years in prison and a $10,000 fine. Penalties for aggravated assault with a firearm include up to five years in prison and a fine of up to $5,000, if convicted.
The alleged incident stemmed from a dispute that broke out Monday afternoon at Tire Liquidators, a shop located at 2090 Southwest 67th Avenue. Police told local reporters that the two brothers argued with the unnamed mechanic over past repairs made to Rodriguez’s vehicle. The two brothers allegedly followed the mechanic into the shop’s office where, police said, Rodriguez began punching him several times. At one point in the altercation, the mechanic pulled out a gun that Rodriguez-Candano lunged for, according to the report. The brawl between the three men continued until the mechanic fired the weapon three times.
Rodriguez was hit in the leg but allegedly got ahold of the gun and hit the mechanic on the top of the head before the worker could escape. Once outside, police said, Rodriguez-Candano continued punching the worker before taking the gun and pointing it at him.
The mechanic’s injuries included a laceration to his head and bruising that emergency responders treated at the scene.
Rodriguez was taken to Jackson Memorial Hospital’s Ryder Trauma Center for his gunshot wound.
Negligent Security
Negligent and inadequate security cases involve claims brought against property managers, security companies and/or property owners who have the responsibility to take measures to prevent foreseeable criminal acts such as installing security cameras and adequate lighting to parking lots to prevent robberies and assaults from taking place in more secluded areas. It is accepted under the general common law principle that these entities have no duty to protect against harm caused by the criminal acts of a third party, however, these entities must take measures such as the ones listed above where such criminal acts are foreseeable. If a plaintiff’s attorney can prove that the property owners or management company had prior knowledge that a criminal act could take place on their property, potentially harming patrons, employees or other guests, and still failed to take reasonable steps to mitigate the crime from taking place, then they could be held liable for damages that occurred as a result.
Proving foreseeability in these cases is essential in helping your client’s case. In order to do so, a plaintiff’s attorney may submit a Freedom of Information Act request to the local law enforcement agencies who may have responded to the property during a certain period. If police repeatedly returned to a property for calls concerning an issue that went unaddressed, documents detailing these events may help prove that your client was harmed as a result of a property owner’s inaction.
Justin B. Shapiro, a Partner and Trial Lawyer at Leesfield & Partners, previously represented a couple who were savagely beaten at a Miami hotel. In that case, a man who was not a guest at the hotel was allowed to walk through the lobby, get on the elevator and go up to the couple’s room where he knocked on the door. When the husband opened the door, he was immediately met with a violent attack. The man then beat and sexually assaulted the wife in the hotel hallway.
Hotel employees and security guards saw the horrifying ordeal take place and did nothing to intervene, allowing the man to drag the wife to an elevator and go to another floor, all the while continuing to beat, threaten and sexually assault her.
“This was one of the most horrendous breakdowns in hotel security that we’ve ever seen, from ownership to management, all the way down to the low-level employees on site,” Mr. Shapiro said in an article published to the Daily Business Review about the case.
In his investigation, Mr. Shapiro discovered that police had routinely been called out to the hotel, logging over 100 crimes such as assaults, robberies, shootings and burglaries. Compounding matters was the discovery that keycard entrances, which would require a hotel key to get inside, were broken the night of the attack and had been for at least several days. In the investigation, it was also found that the unarmed security had previously been fired from their previous position for sleeping on the job.
After less than a year, the case was settled for $16 million.
Previous Cases
Leesfield & Partners is among the leading law firms in the county when it comes to inadequate security cases, having won numerous record-setting verdicts for the victims of crimes at Florida gas stations, airlines, shopping centers, schools, apartment complexes and elsewhere. Our attorneys doggedly pursue the best possible outcome for their clients and grieving family members left behind due to the negligence of property owners and corporations alike.
One such case involves a store clerk who was sexually assaulted in the store in the middle of the day. Had there been any security at the outlet mall where this heinous crime took place, our client could have been spared from the horrific ordeal. An award of $1,136,000 was obtained by attorneys in that case.
A bar with inadequate security settled for $900,000 with one of its patrons who was assaulted.
Previously, Leesfield & Partners represented a man who was working on a sprinkler system at a grocery store located in a strip mall when he heard the screams of an 89-yearold woman who was being robbed. The thief made off with the woman’s purse and got into a waiting car. Our client began chasing the robber, pounding on the car window and yelling for them to return the purse.
Our client was shot in the chest, leaving him with vascular damage to his arm and scarring. A settlement of $125,000 was obtained against the landlord and Leesfield & Partners attorneys won a verdict of $1,510,000 on behalf of our injured client against the supermarket.
Leesfield & Partners previously represented the family of a college student who was shot and killed by his girlfriend’s ex-boyfriend at his on-campus apartment. The firm sued the school for inadequate security and the case was settled before trial for $1.5 million.
An unaccompanied minor on an airline who was meant to be under the supervision of flight attendants was sexually assaulted by another passenger. In that case, a sick passenger put a blanket over himself and the child and abused the minor during the flight.
A confidential settlement was secured by Leesfield & Partners attorneys for the minor and family in that case.
If you or a loved one was the victim of a crime in Florida, don’t wait. Call a Leesfield & Partners attorney today at 800-836-6400 to see if you might be eligible for a claim.