Lakeland City Commissioner Charged With 2nd-Degree Murder

Click:Manlift Slew Drive

LAKELAND, FL — Lakeland City Commissioner Michael Dunn has been charged with second-degree murder in the shooting death of a shoplifter at his store on Oct. 3.

Dunn, 47, was arrested Friday night, Oct. 19, after a grand jury indicted him. During his arraignment Saturday morning, a Polk County judge denied bond. Dunn’s next court appearance is set for 8:15 a.m. on Nov. 6.

Dunn, who co-owns the Vets Army Navy Surplus store at 819 N. Florida Ave., Lakeland, is accused of shooting and killing 50-year-old Cristobal Lopez.

Police say Lopez came into the store with his father. As his father was making a purchase, Lopez picked up a hatchet from a store display and concealed it in his pants and under his shirt.

Dunn viewed the theft from the office of the store. In a surveillance video, Dunn can be seen placing a gun in his waistband as he leaves the office to confront Lopez about the theft.

Dunn told police he stopped Lopez at the front door of the store and asked if he was going to pay for the hatchet. He said he shot Lopez twice only after Lopez pulled the hatchet from his pants and threatened Dunn with it.

But that’s not what the grand jury saw when it viewed the store’s four surveillance videos. According to the arrest affidavit, the grand jury saw no evidence that Lopez was a threat to Dunn.

“The hatchet falls down the victim’s pant leg onto the floor. The victim picked up the hatchet, at this time, according to witness [redacted], the victim made the statement, ‘I will pay, I will pay!’ as he walked back toward the cash register counter area. The surveillance shows that the victim stood at the counter for a moment before hastily attempting to leave the business with the hatchet in hand,” the arrest affidavit said. “At no time did the victim appear to have made any threatening movements toward the suspect.”

The State Attorney’s Office said the videos were a key piece of evidence in the decision to charge Dunn with second-degree murder.

One videos shows Lopez trying to leave the store. Dunn is seen grabbing Lopez by the shirt and attempting to pull Lopez back into the store while pointing a gun at him. At that time, Lopez was holding the hatchet in his right hand with the blade facing toward his palm.

Dunn then released Lopez’ shirt and fired two shots, striking him on the left side of his upper torso and his mid-back. The affidavit noted that Dunn did not try to render medical assistance. Lopez died just outside the door of the store.

“Given the above, the suspect shot and killed the victim without lawful justification,” concluded the affidavit

State Attorney Brian Haas said there is no evidence that Lopez was an imminent threat to Dunn, the criteria needed for a Stand Your Ground defense.

“I have determined that this case and the actions of Mr. Dunn fall outside of Stand Your Ground,” said Haas.

If convicted of second-degree murder, Dunn could face life in prison.

Video via State Attorney’s Office