Nicholas_Pastor

Nicholas Pastor

White male

Age at time: 33

Weapon: unarmed

 
Evio_Landa

Evio Landa

Other male

Age at time: 50

Weapon: gun

gun

injured

Case type:
Unprovoked attack

Location:
Public Street

Initiator:
Victim

Witnesses:
Yes

Case year:
2012

Location details: outside a popular nightspot in Fort Lauderdale, Broward County, on March 24, 2012

What happened: Evio Landa and his sons approached Nicholas Pastor at Mangos and asked for an apology for throwing a used tissue at his son's car. There was a confrontation and Landa and his sons left the restaurant and went in different directions. Pastor soon followed the older Landa and took off his shirt, seeming ready to fight. Witnesses said that Landa warned Pastor to stay away from him because he had a gun and they saw Pastor knock Landa to the ground and pummel him. After several blows Landa shot Pastor once in the chest. Landa had a concealed weapons permit for the derringer and remained at the scene to be interviewed by police. Pastor survived the gunshot wound and recovered.

The outcome: Prosecutors declined to file criminal charges because it qualified as a Stand Your Ground case. In his decision, Assistant State Attorney Alex Urruela wrote, "The verbal warning, coupled with the size difference between the two men and the fact that Landa waited until he was struck numerous times before firing his weapon indicate that he reasonably believed that potentially deadly force was necessary to prevent his own death or great bodily harm."

Investigating agency: Fort Lauderdale Police

Case decision made by: prosecutors

Trayvon Martin’s death became controversial because circumstances leading up to the shooting cast doubt on who was to blame. The Tampa Bay Times reviewed other “stand your ground” cases for similar circumstances. The Times relied on available information, some of which may not tell the whole story. When the situation was unclear, that was noted.

Yes No Unclear/
disputed

Did the victim initiate the confrontation?

Check

Was the victim armed?

Check

Was the victim committing a crime that led to the confrontation?

Check

Did the defendant pursue the victim?

Check

Could the defendant have retreated to avoid the conflict?

Check

Was the defendant on his or her property?

Check

Did someone witness the attack?

Check

Was there physical evidence?

Check

Source: Sun Sentinel, March 26, 2012. Link to original source

Source: Sun Sentinel, Sept. 29, 2012. Link to original source

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Case last updated: Aug. 10, 2013