CARROLLWOOD, Fl (WFLA) – Was it a case of stand your ground, or cold blooded murder? This week the state attorney’s office sent a letter to the Hillsborough County Sheriff’s Office in regards to the death of Carlos Juan Garcia on September 19th. “The evidence is insufficient to rebut Nick Julian IV’s claim that his use of deadly force against Mr. Garcia was an act of self-defense,” wrote State Attorney Mark Ober. “No criminal charges shall be filed against Julian.”
According to Bryant Camareno, a private attorney hired by Garcia’s ex-wife Yaileen Ayala, Garcia’s case should get a second glance. He says Garcia went to the home on Dunhill Drive in Carrollwood early that morning, demanding he see his children. Ayala refused, so Garcia went to his car and turned up the music. Julian came out of the house next door and asked Garcia to turn down the music. He complied, but words were exchanged. Camareno saying Julian went back into his home and came back out with a gun. That, Camareno believes shows intent.
“Rather than go inside the house, call the police and let the police handle it, he came out and engaged in another dispute,” said Camareno from his law library. “And sure enough he shoots this poor young man.”
Ayala says Garcia leaves behind a 15-year old son and a 9-year old daughter. The 15-year old witnessed the shooting. “And he, my son is standing there and he tells me, he shot him.” And Ayala asked. “Who shot him? The neighbor shot him.”
Ayala ran outside to render aid, but her ex-husband was lifeless. She then asked Julian, why? “And I said why did you shoot him? And he said he charged at me. I feared for my life. And I said he’s not armed. Why did you shoot at him?”
Even though prosecutors have decided not to prosecute, Camareno is confident he may be able to unearth some evidence authorities could not. If he does, that evidence would be presented to the state attorney’s office, which could review that decision.
Ayala is just praying for justice, hoping one day she can explain this to her children. “Like I’ve told my kids since they were little. There are actions and consequences to everything you do.” Said Ayala, with tears in her eyes. “What is this teaching our children if there is no consequence to killing somebody? “