The “strange man” slumped over the WaveRunner, then slipped into Biscayne Bay, a cloud of red billowing in the water.
The initial police investigation was complicated by several factors.
Yasmin Davis drew suspicion because she initially told the 911 operator that she was the one who fired. “That statement was a lie and Yasmin knew it,” the memo said. “Yasmin later explained that she said that because she felt responsible for [Jack’s] actions.”
Dizzy, his ears ringing and his lip split by the recoil of the shotgun, Jack Davis realized his mother was lying to try and protect him. So he went along.
Also, Miami-Dade detectives did not seize the WaveRunner itself — so they didn’t initially find the small black boxed-shaped key device that Muñoz left in the vessel. A WaveRunner mechanic later gave the “foreign” device to Jeffrey Davis, who turned it over to police.
The case was not an easy call for prosecutors.
Under Florida’s “Castle Doctrine,” a citizen can use deadly force against anyone who commits a “forcible felony” such as a burglary to their home. But legally, Muñoz might not have committed a burglary because he likely did not enter the Davis’ roofed “dwelling.”
And had there been a burglary, “it was completed at the time of the shooting” and Muñoz on the WaveRunner in the water was no longer a threat to commit a forcible felony, prosecutor Hoague wrote.
But under the so-called “Stand Your Ground” portion of Florida’s self-defense law, Jack Davis might have been justified because he truly believed Muñoz posed a lethal threat, prosecutors said.