Cape Coral, FL (February 20, 2020) – According to an online news story provided by News-Press.com, the Cape Coral Police Department stated that an arrest had been made in the December 20, 2019 murder of a Cape Coral teenage boy. On December 20, 2019, a 17-year-old boy was shot while in his driveway. On February 19, 2020, officers with the Fort Myers U.S. Marshals Service Florida Regional Fugitive Task Force arrested a 19-year-old Fort Myers man.
In the details provided by a press release and the News-Press.com article, the defendant was arrested and charged by the Cape Coral Police Department on numerous criminal charges. The current charges include: ¨discharging a firearm from a vehicle within 1,000 feet of a person, attempted second-degree murder, and shooting into a dwelling.¨
Neighbors who made statements to law enforcement stated that shots were heard at approximately 10:45 in the morning on December 20, 2019. The gunfire resulted in Mariner Middle and High Schools going on lockdown. Also, Skyline Elementary School located on 620 SW 19th St. as well as Hector Cafferata Elementary, located at 250 Santa Barbara Blvd. N., was placed on partial lockdown.
The shooting victim was rushed by a med-evac helicopter, and there is no update on the condition of the victim at this time. The victim is being treated at Lee Memorial Hospital. The perpetrator is incarcerated at the Lee County Jail. Bail for the defendant is set at $150,000, and the defendant´s arraignment is scheduled for March 23, 2020.
Florida Attempted Second-Degree Murder Laws - 782.05 Attempted Felony Murder
According to Florida Statute 782.051 – Attempted Felony Murder, the criminal charge of attempted murder is prosecuted the same way as if the victim was killed. In other words, the courts in the State of Florida believe that the defendant, if successful, would have murdered the victim. Therefore, attempted murder charges are punished as severely as a murder charge.
In Florida, there are two different “degrees“ of attempted murder. The difference between first-degree and second-degree attempted murder is whether or not the crime was planned in advance or not. If the perpetrator planned the crime in advance, the charge could be elevated to first-degree attempted murder. A conviction of second-degree murder carries a prison sentence of up to fifteen (15) years in prison.
In Florida, a second-degree attempted murder charge may be increased to the more serious first-degree murder charge if the perpetrator used a firearm during the crime. If found guilty of first-degree attempted murder, the defendant could face a minimum of 25 years in prison.
Whether a defendant will be charged with a first-degree or second-degree attempted murder charge depends on several factors:
· Does the perpetrator have a previous criminal record?
· Did the perpetrator use of a firearm?
· Was the crime directed toward a public official, law enforcement, or a member of Congress?
· Was the crime a gang-related attack?
· How aggressive or brutal were the attacks on the victim?
Depending on the facts of the case, the defendant could be sentenced from five years to life in prison if found guilty.