Judge denies Miami-Dade Fire Rescue employee's self-defense claim in Halloween road rage shooting

A judge has denied a man’s claim of self-defense in a Halloween night road rage shooting that left one man wounded and an off-duty Miami-Dade Fire Rescue employee now facing trial.

The incident happened last year on Northwest 64th Street and 87th Avenue after a confrontation between two drivers following what authorities say was a reckless driving dispute. The surveillance video shows Eury Cerda dressed in a Harry Potter costume approaching another vehicle on the side of a road. 

Moments later, the driver of the other car stepped out and opened fire, striking Cerda in the upper lip. Despite the injury, Cerda was able to drive himself to an urgent care center for treatment and is now recovering.

Authorities identified the shooter as Emilio Rodriguez, an off-duty fire safety specialist with Miami-Dade Fire Rescue who has worked with the department for 18 years.

Rodriguez argued in court that he acted in self-defense and asked the judge to dismiss the attempted murder charge under Florida’s “stand your ground” law.

However, the judge rejected that claim, ruling the shooting did not qualify as self-defense.

“‘Stand your ground’ provides defendants immunity from prosecution only when the defendant uses deadly force to prevent imminent death or great bodily harm or to prevent the imminent commission of a forcible felony,” Judge Michelle A. Delancy stated. 

The court found that although the victim approached Rodriguez’s vehicle first, the evidence suggested Rodriguez acted either to scare him or simply out of anger.

The judge highlighted that had the defendant pulled out a gun or other weapon to defend himself when the victim initially approached his car, he would have likely been legally justified and would have legally stood his ground. 

“This is not what occurred,” Judge Delancy stated. 

The judge stated that what was most telling was that Rodriguez told police, “the shot did exactly what I wanted it to do,” and also told officers, “It was a warning shot. Cerda started it. I finished it.”

Rodriguez now faces trial for a charge of attempted second-degree murder with a firearm.

The trial could happen in May unless there is a resolution to the case beforehand. 

If convicted, Rodriguez could face a minimum sentence of 25 years in prison.

Cerda, who is out of the hospital, told NBC6 Wednesday that he was left with a fractured mouth, missing tooth, partial gum loss, and needs reconstruction surgery.