Miami-Dade Jury Acquits Suspect Of Felony Murder Charge Stemming From 1981 Armed Robbery
On Friday, a Miami-Dade jury acquitted Lester Dilbert, 62, of literally scaring Manuel Olazabal, 55, to death during a 1981 armed robbery at a South Dade warehouse. The not guilty verdict capped a four day trial during which Miami-Dade prosecutors attempted to link Dilbert to the crime through two partial fingerprints. The jury deliberated for less than two hours.
According to Miami-Dade prosecutors, Dilbert participated in a 1981 robbery of a South Dade warehouse during which he donned a ski mask, carried a rifle, and shouted insults and threats. Olazabal, an accountant, was not shot during the robbery, but sadly suffered a fatal heart attack during the violent episode.
It appears, however, that the prosecution did not have a strong case. Beside the partial prints, the only other evidence linking Dilbert to the crime was an eyewitness description of a "tall man with a rifle." Although Dilbert is a tall man, the defense smartly noted that the courtroom bailiff was also a tall man and therefore also fit the robber's description. In the end one of the jurors simply stated, ''We didn't accept that the partial prints were valid."
Although the prosecution was not alleging that Dilbert intentionally caused Olazabal's death, under Florida law it could still charge Dilbert with felony murder because Olazabal's death occurred during the commission of a felony. As any experienced Florida criminal lawyer could tell you, if a death occurs during the commission of one of several enumerated felonies, including robbery, the death can be charged as 2nd degree murder, which constitutes a 1st degree felony and is punishable by life in Florida state prison. If a death occurs during the commission of any other felony, then the death can be charged as 3rd degree murder, which constitutes a 2nd degree felony punishable by up to 15 years in Florida state prison.
Florida's felony murder rule, and the felony murder rule in general, remains controversial because it sometimes results in bizarre murder prosecutions with arguably disproportionate sentences. Take this hypothetical criminal case: Two brothers decide to burglarize a neighbor's home. During the burglary, the neighbor wakes up and shoots one of the brothers dead. The surviving brother can then be charged with felony murder for his brother's death and can be sentenced to life in prison. Weird, huh?
If you or a loved one is facing felony murder charges or any other criminal charges, be sure to consult with an experienced Miami-Dade criminal defense law firm such as Pensky & Kim, P.A. We are available 24/7 and our initial consultation is always free of charge.
