MIAMI (WSVN) - A South Florida family is taking legal action after a grand jury decided to not charge a man they said killed their loved one inside a Davie CVS store.
The grand jury ruled that the man who gunned down 20-year-old Andre Smith at the CVS store on Nov. 1 acted in self-defense on Friday. Smith’s family has since gotten an attorney and said they want justice.
“I’m gonna fight with everything in me, along with my attorneys, to make sure Matthew Barry gets his day in court,” said Andrea Goulbourne-Smith whose son was killed. “He’s a murderer. He killed my baby.”
Police said then 38-year-old Matthew Barry purchased a cellphone from Smith in the parking lot.
Surveillance cameras inside the store then captured Barry walking inside, followed by Smith. They had an altercation in the store, which ended in the fatal shooting.
Barry had a concealed weapons permit at the time.
The grand jury decided that there is not enough evidence to charge Barry with murder.
“This was a tragedy where one man’s life was lost over the sale of a phone,” said Davie Police Maj. Dale Engle, “but at this time, the case is closed.”
Smith’s parents, however, said Barry is responsible for the loss of their son.
“I’m gonna pray, I’m gonna make sure I get every strength to fight for Andre Smith, my only son,” Goulbourne-Smith said.
The family attorney Jose Baez spoke at a news conference, Monday.
“You can meet force with force, not force with homicide,” Baez said.
Shortly after the grand jury reached their decision, Barry’s attorneys released a statement that reads in part, “As the tape shows, the grand jury reached the right decision in this case. That said, what happened that day is very sad and we extend our heartfelt condolences to the family.”
Attorneys for the Smith family said they will be filing a lawsuit.
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