The teenager, Victor Ogiste, is being treated at Broward General Medical Center and is listed in serious condition.
According to news reports, Tumblin tried to break up a fight that ensured after a group of teenagers had gathered in the neighborhood. Tumblin was supposedly punched and left the scene. About thirty minutes later, Tumblin returned, this time armed with a gun.
Ogiste was supposedly shot in the back as he tried to run away. Luckily for both Ogiste and Tumblin, the wound has not yet proven fatal.
Candidly, Tumblin’s defense lawyer is going to have an uphill battle. Based on the facts that are reported in the media, there are two clear aggravating circumstances.
First, Tumblin left the scene and came back with a gun. This shows premeditation. Second, he is said to have shot Ogiste in the back as he fled. Both of these facts make a self-defense strategy hard to prove.
However, before any conclusions may be drawn, a number of very important questions must be answered.
For instance, what happened between the point in time when Tumblin returned to the scene and Ogiste was shot? Did Tumblin shoot at another person in legitimate self-defense and accidentally hit Ogiste? Or, did Tumblin shoot Ogiste in defense of another person?
Just because Ogiste was shot in the back does not mean it was unlawful. More information is needed before a final conclusion may be drawn.
Defense lawyers will need to analyze every aspect of this case and interview all available witnesses to get to the bottom of what happened. Quick conclusions should never be made in law, especially in these serious cases. Before a jury may convict, every reasonable doubt must be addressed. If the evidence supports guilt, that is one thing. If the evidence simply leads to more questions, that is another.
Hopefully Ogiste will have a rapid recovery and not be left with any permanent disability.