Mom Demands Justice After No Charges in Davie CVS Shooting

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The mother of a man who was shot and killed in a Davie CVS store last year is speaking out after a grand jury decided not to bring charges against the shooter last week.

The Broward County panel on Friday cleared 37-year-old Matthew Barry for November’s shooting of 20-year-old Andre Smith inside the CVS, which was caught on surveillance cameras.

On Monday, mother Andrea Smith was heated as she called out the justice system for not treating her son’s life, as she says, equally to others.

“I will fight and gather all my strength to make sure Matthew Barry sees his day in court. He’s a murderer who killed my son, a 20-year-old,” she said.

Barry contacted Smith through Craigslist to buy an iPhone7 for $280 and agreed to meet outside the CVS. Detectives say Barry warned Smith he had a gun after Smith tried to get the phone back after money changed hands. They say Smith and a friend told Barry they also had a gun.

Detectives say Barry went inside and asked clerks to call 911. They say video shows Smith following Barry, who pushed him and then fired several shots. Smith was unarmed.

Smith family attorney Jose Baez argued that the video shows Barry initiated contact with Smith. He also spoke about the “Stand Your Ground law” which justifies force in order to protect, saying it was not properly applied in this case. He also said they are looking into a lawsuit against Barry.

“As the tape and every other piece of evidence shows, the grand jury reached the right and only decision in this case. That said, what happened that day is very sad and we extend our heartfelt condolences to the family,” Barry’s attorneys said in a statement Monday.


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