Posted On: June 15, 2009 by Balliro Seltzer

Miami Assault and Battery Defense Attorneys on Tragic Miami Beach Police Shooting of Tourist

Police investigators are looking into the fatal shooting of a tourist from Virginia by Miami Beach police over the weekend, the Miami Herald reported June 15. Family members of 29-year-old Husien Shehada of Woodbridge, Virginia, said officers mistook Shehada for a suspect when they shot him at 4 a.m. on Sunday morning, right after he’d left a club. His brother, Samer Shehada, was arrested for battery in the same incident. Miami Beach police declined to comment, saying the incident was being investigated by its internal affairs unit.

According to the Herald, police received a call about an armed man walking near the intersection of Washington and 15th Streets. When they went to investigate, they spotted Husien Shehada in the area. It’s unclear what happened next, but after a confrontation, Husien Shehada had been shot. He later died in a hospital trauma center. His brother Samer Shehada, a 31-year-old engineer, was charged with battery for unspecified actions. Their cousin, Najwa Ghannam, wrote to the Miami Herald to say that Husien Shehada was unarmed and “didn’t stand a chance” against officers.

As Fort Lauderdale criminal defense attorneys, we understand that police officers have a tough job to do, especially in an area where alcohol and drugs can make suspects’ behavior erratic. And of course, we don’t have very many facts from this article. However, the facts we do have make us wonder how many questions the police asked before they opened fire. If Shehada was really unarmed, as his cousin said, it’s hard to see what might have made the officers feel threatened. As for the battery charge against Samer Shehada, it could easily stem from attempts to protect his younger brother. Remember, Florida law defines battery as any intentional, unwanted touching, which means something as simple as throwing an arm between the officer and his brother could have led to the charge.

Our Fort Myers criminal defense lawyers also noticed that the Shehadas and their cousin all have names that suggest that they are Muslims, and possibly (though not necessarily) of Middle Eastern descent. We cannot help but wonder how that might have factored into the case. Racism and prejudice are still out there, and it’s possible that they affected the police officers’ judgment in this situation. They could also have affected the Shehadas, if too many bad experiences made them suspicious of the officers’ motives for stopping them. Either one could have helped escalate this apparent misunderstanding into a tragedy.

The South Florida criminal defense law firm of Balliro, Galasso, Leskovich & Seltzer represents people facing serious criminal charges like these. Assault and battery are considered violent and serious crimes, especially against a police officer -- but BGL&S will work to ensure that our clients get the fairest treatment and trial possible. Our Naples assault and battery criminal defense lawyers examine each new case carefully to find mistakes, weak spots and civil rights violations that can get the case dismissed or the charges substantially reduced. If appropriate, we can also negotiate a plea deal with penalties that better fit the situation. However, our West Palm Beach assault and battery defense attorneys have taken hundreds of cases to trial and are not afraid to do it again, if necessary to protect our clients’ rights.

If you or someone you love is facing criminal charges in South Florida, BGL&S can help right away. For a free, confidential consultation, call us toll-free at 1-866-ARRESTED from anywhere within Florida, any time of the day or night, or contact our firm online.

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