DAVIE, FLA. (WSVN) - A grand jury has ruled a man who gunned down another man at a CVS in Davie last year acted in self-defense and will not press charges against him.
The shooting took place on Nov. 1 inside a CVS Pharmacy. Police said the shooting may have been an escalation of an altercation that sparked in the parking lot.
“This is a tragedy where one man’s life was lost over the sale of a phone, but at this time, the case is closed,” said Davie Police Major Dale Engle.
Officials announced Friday morning that a grand jury has decided to not press charges against then 38-year-old Matthew Barry who opened fire against 20-year-old Andre Smith.
Jurors reviewed all of the evidence in this case, including surveillance video of the altercation, and cleared Barry of any wrongdoing.
According to Davie Police, the altercation began when Barry arrived to the CVS in order to purchase a cellphone from Smith. The money was given to Smith and the phone exchanged hands, police said.
“In the parking lot, there was some type of disturbance,” said Engle.
Police said Smith then wanted the phone back from Barry. Barry then fled to the inside of the CVS, police added, where the argument escalated into a physical confrontation, leading to Barry opening fire.
“Inside the CVS, another disturbance occurs where it appears, on the video, that Smith is trying to grab at Barry,” said Engle. “Barry, who is legally licensed to carry a concealed weapon in the State of Florida retrieved that weapon and shot his weapon several times, ultimately killing Smith.”
Davie Police have since released the surveillance video of the altercation.
Smith’s mother, Andrea Goulbourne-Smith, did not give a comment in response to the ruling, but has said in the past, “My son was slaughtered. I need that to be understood. My son is not a thug.”
Barry’s attorneys released a statement, saying, “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.”
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