Miami Beach, FL - A Man Was Fatally Shot Protecting His Child While at Eating at La Cerveceria

Man Died Protecting Son and Another Injured at Restaurant Shooting

According to CBS Miami, a man was fatally shot and another injured by 22-year-old Tamarius Blair Davis while eating at La Cerveceria located at 1412 Ocean Dr, Miami Beach, FL 33139. 

Police responded to a shooting that occurred around 6:30 p.m at the restaurant's patio area. A visitor from Colorado was eating with his one-year-old son and family when Davis approached them and allegedly pointed the gun at the child. The father stepped in front of the child as the suspect is reported to have fired many shots. The victim died during transport to the hospital. 

The victim was allegedly high on mushrooms and was reported by witnesses to dance around after shooting the first victim. Another victim was shot and suffered minor injuries.

More witnesses, including a Miami Beach park ranger, witnessed the suspect chase a guy and shoot the gun into the air prior to the fatal shot. 

Davis is facing charges of second-degree murder with a weapon and attempted murder. 

Legal Options for Victims Shot Outside of a Restaurant

Attorney contributor Michael Haggard has represented victims of violent crimes and their families in civil suits for years. Michael has offered his insight regarding the rights of victims shot outside a restaurant.

"Restaurant owners have a legal duty to provide a safe environment for their customers and staff. To maintain the safety of patrons on and around a restaurant, they should provide a certain level of security measures. Some examples could include surveillance cameras and having good lighting in and around the premises. If adequate security measures are not provided, the property owner could be deemed negligent in a civil lawsuit."

"Victims of violent crimes, such as shootings, along with their families, should attain the services of an experienced violent crimes attorney. If the victim's attorney can prove the crime was reasonably foreseeable, there could be reason enough for a negligence case on behalf of the restaurant owner. A foreseeable crime includes a property owner's awareness of previous criminal activity in the area but failed to increase their own security. In these cases of neglect, a victim may even receive compensation for damages."

Sources:

CBS Miami