If you or someone close to you is accused of any type of the many serious types of charges associated with a homicide it is essential to consult with knowledgeable criminal defense attorney who specializes in these types of cases at the earliest possible time before or after charges are filed.
Although innocent until proven guilty, it is conclusive by his own statements to detectives that Andres Diaz shot and killed Ricky Iglesias during an incident of road rage which occurred on a street in Southwest Miami in the twilight hours late last month. The single gunshot wound to Iglesias’ chest ultimately led to his death.
A conviction for a second degree murder charge tried as a first degree felony can lead to a sentence of up to not less than 25 years in prison. The prosecution may also request a lengthier sentence depending on the circumstances, including life in prison.
Apparently, although at this time the death has not yet been ruled a suicide, Diaz decided to be his own judge, jury and executioner when he possibly took his own life by hurdling out of a sixth floor window at the Turner Guilford Knight Correctional Center earlier this month. Diaz died the following day at Palmetto General Hospital in Hialeah, while in custody under medical care.
The specifics of the road rage incident which now bears responsibility for the loss of two lives played out as follows:
At approximately 6:00 pm on Aug. 28, Ricky Iglesias was shot and killed after a persistent drama played out, based on subsequent reporting and the arrest report.
Iglesias, whose vehicle suffered a perforated tire to its right front wheel, was slowly driving his all-terrain vehicle (ATV) with a thus far unnamed female passenger, believed to be his girlfriend in the wrong lane on SW 194th Ave. in South Miami; most likely due to the lack of control of the affected flattening tire.
Ketty Dominguez was driving a black Dodge Journey in the correct direction when coming upon the ATV and had to swerve her vehicle out of the way to avoid a possible head-on collision. Andres Diaz, Ms. Dominguez’s husband was the passenger in the SUV.
Obscenities were exchanged at the scene of the near crash but Iglesias continued to drive away from the scene, according to police.
A short time later, a still angry Diaz told Dominguez to make a U-turn, catching up with Iglesias’ vehicle which was now stationary near the intersection of SW 194th Ave. and SW 192nd St.
Further heated words were exchanged between Dominguez and Iglesias before she drove a short distance away only to make another U-turn, slowly driving back to the disabled vehicle and its passengers.
It was then that both Dominguez and her husband saw the ATV driver holding a green glass bottle which the agitated couple may have interpreted to be a threatening gesture.
Rolling down his window, Diaz warned Iglesias “Don’t do it. I have a gun.” It is not clear if Iglesias was threatening the couple with the noted bottle.
Ketty Iglesias then walked to the SUV’s passenger door as heated words continued at which time Diaz removed his firearm from the front passenger storage pocket of their SUV before returning to the spot of the confrontation, aimed and discharged his gun, firing a round into Iglesias’ chest.
After Iglesias lied still, Diaz called police emergency (911), but in the interim neither one of the married couple tried to assist the critically wounded Iglesias by performing CPR nor taking any other actions before police arrived where Iglesias was pronounced dead at the scene.
During questioning, Dominguez told detectives that she continuously confronted Iglesias due to the fact that she thought he was being reckless when his ATV was driving and then stopped in the wrong lane. Diaz told detectives that he only intended to take a photo of Iglesias and his vehicle so he could report the incident. He also charged that he was afraid Iglesias was going to hit him and/or his wife with the aforementioned glass bottle. The couple also told police that a group of ATV riders had been a constant annoyance in the community.
A woman who lives in the neighborhood while being interviewed by WSVN News after the alleged murder said ATV riders have indeed been a problem in the area and are called weekend warriors in the community. She went on to say that they are known to take risks and was not surprised by the incident.
Another neighbor interviewed by Local10 news said “there’s been increasing hostility between ATV riders and the homeowners there.” She went on to say that “it is just sad and it’s something we kinda like predicted that is was gonna happen because it has gone outta hand” [sic].
When appearing in Court, the Judge told Diaz “There’s probable cause for the charge of second degree murder; you’re gonna be held no bond” [sic].
Diaz’s attorney has confirmed that his client was found dead after sustaining the fall the following day at the hospital.
The prosecution would have moved forward with the second degree murder charge but obviously now the case will not proceed. The circumstances involving Diaz‘s death are still unclear and the Department of Corrections has thus far had not commented.
Jose Mastrapa, a close friend of the Iglesias family was quoted as saying “If this was a suicide, it was selfish of Diaz to do what he did and to deprive the family of their day in court”.
But regardless, two lives are lost and two families’ lives forever changed.
The law office of Michael B. Cohen, Esq. is committed to fighting for all clients’ rights who face allegations of any type of a homicide or related charges in the State of Florida. As a former Assistant State Attorney for Broward County, Mr. Cohen has a clear advantage for obtaining the best sought after outcome refuting any charges alleged. Working for the prosecution prior to founding his criminal defense practice in the private sector has given him a superior advantage that will result beneficially for those who seek his help.
Mr. Cohen also previously worked as an Assistant United States Attorney for the government handling federal cases for the prosecution.
Call him directly at any of the phone numbers listed above for a prompt response and free case evaluation. He will aggressively fight for your rights guaranteed under the Constitution and devote his abilities to assure the best result, challenging all charges alleged.
Nearly twenty years of outstanding private practice criminal defense in Fort Lauderdale, Miami, and the Palm Beaches as well as all neighboring counties in the surrounding areas of South Florida inclusive of his forty year career.
To view all of his qualifications, listed on his Website click here. Follow him on Twitter @FlaCriminalLaw. His AV Preeminent Peer Review Rating by Martindale-Hubbell as well as many more acknowledgments can be found in his section of the Justia Lawyer Directory.