Michael Hector, Jr. Use of Deadly Force Review
Following an extensive review, our office has concluded that we cannot refute the anticipated assertions by two male victims, “Victim 1” and “Victim 2,” that they acted in lawful self-defense in the use of deadly force against 24-year-old Michael Hector, Jr. on November 26, 2019. Our review determined that the evidence shows Hector and an associate drove to Plant City with the intent to commit an armed robbery on Victim 1 at his home. Hector and an associate approached the victims while they were sitting in a car in front of Victim 1’s home. A witness saw Hector point a gun at Victim 1, who was in the driver’s seat. The same witness heard an “argument” and then saw Victim 2 fire on Hector, who began to retreat and return fire. Hector was struck six times by projectiles from two different firearms and did not survive. Hector was killed while in the commission of an attempted robbery with a firearm of Victim 1. Our review determined that the evidence is consistent with the victims acting in self-defense. In reaching this conclusion, our office conducted an exhaustive review of all available evidence and applicable legal standards. These steps included but were not limited to:
- reviewing interviews of witnesses
- examining physical evidence
- reviewing video evidence
- reviewing photographic evidence
- reviewing 911 calls, radio communications, and relevant audio
- analyzing autopsy results
- reviewing cellular phone records and data
- applying the applicable laws
The Plant City Police Department conducted the investigation. Investigators found that Hector and an associate traveled from Winter Haven to Plant City on the evening of November 26, 2019, with the intent to rob Victim 1 at gunpoint. When Hector and his associate arrived at Victim 1’s home, they were seen in the backyard by a witness. Later, Hector was seen approaching the driver’s side door of a red car, where the victims were seated, and pointing a firearm at Victim 1. Victim 2 then shot at Hector from the vehicle. Hector tried to run away, while shooting back at the victims in the car. The associate of Hector stated, under oath, that the victims both shot at Hector while Hector was shooting back. Shell casings at the scene indicate that a total of three firearms were fired during the incident. Multiple witnesses saw the victims flee the scene in a red car immediately after the shooting
The Hillsborough Medical Examiner’s Office concluded that Hector was shot six times, with two of the gunshot wounds being fatal. Hector suffered six separate projectile injuries with eleven total wounds (entry and exit). The medical examiner was unable to determine the caliber of the projectiles that struck Hector, but due to only five 9mm rounds being fired at Hector, and Hector being shot a total of six times, Plant City Police concluded that three different firearms were used by the three people involved in the incident: two 9mm handguns and one .40 handgun.
Cellular tower records indicate Victim 1 was in the area at the time of the shooting and fled the area immediately as 911 calls were coming in. Cellular phone records also support a witness’s statement that Hector called him earlier that day and asked him to participate in a robbery in Plant City. Multiple neighbors heard multiple gunshots and saw a red car driving away immediately afterward. One witness observed two men in the backyard of Victim 1’s home before the shooting, and later saw them approach the red car. Another witness indicated they heard an “argument” at the driver’s side of the red car immediately before the shooting started. An eyewitness indicated she observed the two victims and another unknown man standing in the front yard of Victim 1’s home 30 minutes before the shooting. She was outside her home when she heard an argument and gunshots. She observed Hector running from the front yard of Victim 1’s home. Hector was running and shooting back toward the home while other people shot at him. As soon as Hector fell from being shot, she immediately observed the victims drive away in a red car.
An associate of Hector indicated that on November 26, 2019, Hector said he wanted to rob Victim 1 due to him flashing money on social media and selling drugs. He drove Hector to Victim 1’s home. Hector went in the back yard of the home first but he was confronted by a man in the yard and left. The associate then parked north of the home and observed a red car pull up to the house. The red car was occupied by Victim 1 (driver) and Victim 2 (front passenger). Hector was armed with a handgun and pointed it at the victims in an attempt to rob them. He observed Victim 2 shoot Hector from the passenger seat. Hector then ran away from the red car while pointing a gun at the victims and shooting back. The victims got out of the red car and began firing multiple rounds at Hector until he fell in the street. After Hector fell, the victims got back into the red car and fled the scene. Then man got into a silver vehicle, drove up to Hector’s body, and took unknown items from him. The associate believes the unknown person took the gun Hector had used, as well as Hector’s cell phone.
The victim’s names are being withheld due to Marsy’s Law.
After our thorough analysis, we have determined that the facts and evidence cannot refute the potential claim by the victims that they reasonably believed they were in fear of imminent death or great bodily harm when they used deadly force. These findings satisfy Florida Statute 776.012. Accordingly, under Florida law, there is no legal basis for criminal charges against the victims.
An initial release of materials related to this case is available at this link. These items illustrate the crime scene and key details of the case. Further documents related to the case, including additional photos, reports, and interview transcripts, are available to any member of the public subject to Florida’s Public Records Law; find details on making a request on the State Attorney’s Office Public Records page.