He said the State Attorney’s memo contained “very powerful language” that he believes will persuade a Miami-Dade civil court judge to dismiss the lawsuit.
The afternoon of the shooting, Muñoz and his girlfriend, Carolina Lopez, had driven to the Pelican Harbor Marina off the 79th Street Causeway between Miami and North Bay Village.
Their plan: steal a WaveRunner, to be sold for $2,000. Using Muñoz’s own WaveRunner, the two zoomed across Biscayne Bay to the Davis home
The home, on the 9200 block of Bayshore Drive, is owned by Jeffrey and Yasmin Davis, the teen’s parents. Jeffrey Davis, a prominent civil lawyer, was not home at the time.
Lopez dropped Muñoz off two homes away from the Davis house. Muñoz swam to the seawall. Attached to his life vest: a “remote kill switch key” that starts and stops all WaveRunners.
His girlfriend, who used a spare key to restart the first WaveRunner, zipped back across Biscayne Bay to wait for Muñoz at Pelican Harbor.
At the time, Yasmin Davis and her family had just finished lunch when she saw a “strange man” by the pool cabana door in the backyard.
“Yasmin walked out the rear kitchen door toward the stranger and asked him what he was doing. The stranger did not answer, but turned around and looked toward their Yamaha WaveRunner,” according to the memo.
She later told a Miami-Dade police detective that she noticed the “accomplice” on the WaveRunner and feared an “ambush.” Yasmin Davis said she began to “flashback” to when two armed men, the year before, had robbed her and her husband in the front driveway.
Using a cordless house phone, Yasmin Davis frantically called 911 while hollering at the man to no avail. She also yelled to Jack, who was in his bedroom, to grab the family’s gun.
Yasmin Davis told police that the man ignored her yelling. She worried that the kitchen door was ajar, that perhaps someone might dart inside. She thought the man said “gun” while holding a “black or very dark” weapon in his hand.
Muñoz, 20, of Hialeah, thrust the WaveRunner from its electric lift and into Biscayne Bay.
Jack Davis, meanwhile, grabbed the shotgun from underneath his father’s bed, raced outside to his mother’s side in the backyard. She cried out that the man had a gun.
In those last critical moments, Muñoz was atop the stolen WaveRunner, idling in the water. To Jack Davis, Muñoz looked hunched over, leaning into the machine’s center compartment. They made eye contact.
Jack “racked the [shotgun’s] slide so the strange man could hear it in hopes that the sound would be enough to scare him to leave. However, the man’s expression did not change and it didn’t scare him into leaving,” according to the memo.
As he idled, Muñoz appeared to rev the WaveRunner as though he were leaving. “Wait, wait, wait,” Yasmin Davis told her son.
But then the man “put his hand in the front compartment again as if he was trying to get something” and a made a sharp right turn to face Jack and Yasmin Davis, the memo said.
Yasmin ordered her son to shoot. Jack himself later told police he was “confused” and feared the man had seen his shotgun and was going to shoot at him.