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Two Brothers Legally Defend Themselves Against a Racist Former Soldier

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Here is the footage:


Here is the article:

In self-defense case at Miccosukee casino, slain ex-Army Ranger was the aggressor, evidence shows

On Christmas night, Miccosukee police arrested and blamed two poker players for the death of Fernando Duarte, an ex-Army Ranger shot to death after a confrontation in the parking lot of the Miccosukee’s West Miami-Dade casino.

But prosecutors on Wednesday announced they would not file murder charges against Kenin Bailey and Mikey Lenard, and the state’s review of witness accounts, medical evidence and surveillance video made one thing very clear:

Duarte, a burly man with a thick bushy beard, might have been unarmed but was the clear aggressor that night — and was also extremely drunk and likely high on cocaine.

He and a friend repeatedly cursed at the two black men at the poker table, calling them “n***ers,” so alarming the dealer that security escorted Duarte and his pal from the game room.

During a chance encounter in the parking lot, Duarte got out his car and “engaged” Bailey and Lenard in the parking lot, according to a newly released prosecutor’s report. Then as Bailey and Lenard tried to drive away, Duarte twice maneuvered his car to block theirs from leaving

“I am going to f**k you up and kill you,” Duarte snarled after the first stop, getting out of his car and making a hand gesture like a gun, Lenard later recalled.

Moments later, Duarte again blocked Lenard’s car from leaving the resort parking lot. But this time, Duarte got out and “charged” toward their reversing car, getting so close that Bailey opened fire, shooting 13 times and hitting the man with two fatal shots.

Between Duarte’s threats, hand gestures and the possibility that he might have been reaching for a weapon, Bailey was justified in using deadly force, prosecutors concluded.

“Bailey could have reasonably believed that he and Lenard’s life was in danger and that a firearm may be used against them,” prosecutor Gail Levine wrote in her final report on the case.

The report also noted that Duarte’s blood alcohol level was .196, more than double the legal limit.

“I think it was pretty evident that the use of force in this case was justifiable,” said Peter Heller, the defense attorney for Bailey, whose relatives and supporters cheered in court Wednesday when the case was dropped.

Unknown to anyone that night, Duarte was also under federal investigation on suspicions of dealing drugs, according to a law-enforcement source.
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