In a devastating Orlando mass shooting that shocked Central Florida this Halloween, prosecutors have made the weighty decision to charge a 17-year-old suspect as an adult. The incident, which claimed two lives and injured eight others during downtown Orlando’s holiday celebrations, has drawn national attention to Florida’s juvenile justice system and its handling of violent crimes.

Aggravating Factors Lead to Adult Charges

The multiple casualties were a decisive factor in the charging decision. The deaths of Tyrek Hill, 25, and Timothy Schmidt Jr., 19, along with eight others injured either by gunfire or in the ensuing panic, underscored the extreme recklessness of the act. According to Bain, the sheer number of victims and potential victims significantly impacted the decision to pursue adult charges. Florida law specifically considers the number of victims as aggravating when determining whether to charge a juvenile as an adult. Orlando criminal defense attorney and television legal analyst Jose Rivas notes that such widespread public endangerment as in a mass shooting typically leads prosecutors to pursue adult charges, regardless of the suspect’s age.

Florida’s Juvenile Justice System and Adult Charges

Florida law permits prosecutors to charge juveniles as adults through several mechanisms, including direct file, judicial waiver, or mandatory waiver for certain serious offenses. When considering such decisions, prosecutors evaluate factors including:

• The severity of the alleged offense
• The suspect’s age and criminal history
• The potential for rehabilitation
• Public safety considerations
• The sophistication and maturity of the juvenile
• The number of victims involved
• The potential impact on public safety

The state’s direct file statute gives prosecutors significant discretion in charging juveniles as adults, particularly in cases involving violent crimes with multiple victims. This discretion becomes especially relevant in cases like the Orlando mass shooting, where public safety concerns are paramount and the number of victims was a factor in the move to adult court.

Gun Laws and Public Safety Measures

In response to the mass shooting, Orlando Mayor Buddy Dyer implemented emergency measures, including restrictions on alcohol sales and a curfew in the Downtown Entertainment District. Florida’s gun laws, while recently modified regarding concealed carry permits, maintain strict restrictions for individuals under 21, making the suspect’s alleged possession of a firearm an additional legal concern.

State prosecutors have initially filed second-degree murder charges, with First Degree murder charges possible in the mass shooting pending grand jury review. Bain emphasized that the overwhelming evidence, including surveillance footage and witness accounts, supported the decision to pursue adult charges. The presence of multiple victims and the potential for even greater loss of life in such a crowded venue were cited as key factors in this decision.

The complexity of juvenile defendants in adult court cases requires experienced legal representation to navigate both justice systems effectively. Defense attorneys must consider various factors, including the defendant’s age, mental state, and potential for rehabilitation while building a comprehensive defense strategy. Cases like mass shootings that involve multiple victims present additional challenges and require specialized expertise in both juvenile and adult criminal defense.

If you or a loved one faces serious criminal charges, contact 407-644-2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm.

Orlando Criminal Defense Attorney Jose Rivas is a veteran bilingual TV Legal Analyst who has appeared on Univision, Fox News, Telemundo, and many other news outlets