Following an extensive review, our office has concluded that we cannot refute the assertion by a 29-year-old male victim that on February 7, 2021, he acted in lawful self-defense in the use of deadly force against 25-year-old Mike Munoz. Our review determined that the evidence is consistent with the victim’s assertion that as he attempted to leave a party, he and his girlfriend were attacked, and a fight broke out. The host of the party discharged a firearm, and the victim fired back. During this exchange of gunfire, Munoz was shot and killed.
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 body worn camera evidence
- reviewing photographic evidence
- reviewing 911 calls, radio communications, and relevant audio
- analyzing autopsy results
- applying the applicable laws
The Hillsborough County Sheriff’s Office conducted the investigation, and a representative from the State Attorney’s Office worked closely with detectives in the investigation of this case. Investigators found that the victim and Munoz attended a party in Plant City. At some point, there was an altercation between the victim and other people at the party. The victim was asked to leave. The victim was leaving when multiple people converged on him, with individuals throwing a beer bottle at him, pulling him out of the vehicle, and punching him. A fight broke out.
According to witness accounts, the host of the party pulled out a gun and fired it toward the victim, and the victim fired back with his own gun. During this exchange of gunfire, Mike Munoz was shot and killed. A witness heard someone yell, “Mike, get the AR!” No AR-style semi-automatic rifle was found at the scene. However, three spent 9mm shell casings were found on the ground near the driver’s side of the black Nissan where Mike Munoz had been standing. A total of 15 shell casings were found at the scene, and at least four firearms were discharged during this incident. The victim and his girlfriend had been beaten to the extent that they would later be treated at a local hospital.
The host of the party claims he got his gun and fired it into the ground. However, a witness claims the host of the party shot his gun in the direction of the victim. Projectiles were not found in the ground at the location where the host claimed to have fired shots.
The Hillsborough Medical Examiner’s Office performed an autopsy and determined the cause of death to be gunshot wounds to the abdomen with perforations of the aorta, colon, and mesentery. Munoz had a total of five gunshot wounds, including three entrance wounds on the front of his body. The entrance wounds were on the right side of his abdomen, the left side of his abdomen, and on his right thigh. Munoz had two exit wounds on his lower left back area. The manner of death was ruled a homicide.
The name of the victim is being withheld due to Marsy’s Law.
After our thorough analysis, we have determined that the facts and evidence cannot refute the statements by the victim that he reasonably believed he was in fear of imminent death or great bodily harm when he used deadly force. These findings satisfy Florida Statute 776.012. Accordingly, under Florida law, there is no legal basis for criminal charges against the victim.
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.