TAMPA: Will Jogger that Shot Teenager Claim Self Defense?

According to a breaking story on TampaBay.com, a 28-year-old Tampa man was confronted by two (2) teenagers as he was jogging after midnight in Town ‘n Country and (following a physical altercation) he shot one of them to death, said Larry McKinnon, a Hillsborough County Sheriff’s Office (HCSO) spokesman.

The shooting happened after 1:00 a.m., near Pinehurst Drive and Hickory Circle. The teens were dressed in black and wearing hooded jackets, McKinnon said. No further information was given as to why two (2) teenagers would be out at 1:00 a.m., dressed in all black and wearing hoodies. However, its doubtful that they were also “out for a jog.”

Thomas Baker, of 9015 Hickory Circle, fired multiple rounds with a .45-caliber semiautomatic handgun, McKinnon said. According to the online story, he was cooperative with the Hillsborough County Sheriff’s Office (HCSO) investigation.

It also appears that Mr. Baker will have a solid defense under Florida’s relatively-new “Stand Your Ground” law.

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Carlos Musteliel, 18, of 8921 Camino Villa Boulevard in Tampa, died from a gunshot to the chest. Deputies found him dead in a roadway at 1:24 a.m.

Five (5) houses away from where the shooting happened, Baker stood outside his home Wednesday morning smoking a cigarette. “I don’t want to talk,” he said. “It was a terrible thing.”

Here’s what deputies said happened:

The two (2) teens started talking to Baker. The conversation escalated into an altercation and Musteliel punched him. Baker said he thought one of the teens had a weapon and that a Robbery was about to take place. Baker pulled his gun and shot Musteliel multiple times in the upper torso. The other teen was uninjured, ran away and may have hidden behind a nearby house and discarded his jacket in the yard.

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The 16-year-old returned when deputies arrived and was being questioned as a witness. He will not be identified by authorities (presumably because he is a Juvenile).

Hillsborough County Sheriff’s detectives were conferring with Tampa prosecutors, who will determine if any criminal charges will be filed (and who they will be filed against).

Neighbor William McVey, 63, said he awoke to the sound of five (5) gunshots. “Somebody getting killed like that is awful,” he said. “What an awful way to start the Thanksgiving weekend.”

He said the neighborhood is pretty quiet with a lot of children.

Baker and the teenagers live in the neighborhood but don’t know each other, sheriff’s detectives said.

Baker has a concealed weapons permit and said he routinely jogs late at night, McKinnon said.

If you or a loved one has a question about Florida’s confusing “Stand Your Ground Law” or you think that you may have a valid self-defense claim, the Blake & Dorsten, P.A. is on your side.

To speak directly with Former State of Florida Gang Unit Prosecutor Nicholas J. Dorsten, please contact the Blake & Dorsten, P.A. at 727.286.6141. You can also reach criminal defense attorney Nicholas J. Dorsten by email at: info@blakedorstenlaw.com

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