WEST PALM BEACH, Fla. — A mother is demanding prosecutors reopen the case after her son was shot and killed in what authorities ruled a justified Stand Your Ground shooting, despite video evidence that a criminology expert says should have led to homicide charges.
WATCH: Mother wants case reopened
Yvonne Victorero and seven supporters demonstrated in front of the Palm Beach County State Attorney's Office, protesting the decision not to charge the man who shot and killed her son Rolando Victorero in December 2023.
"We're here to find justice," Victorero said.
The case gained attention after I obtained video footage showing the deadly confrontation between Rolando Victorero and Kelvin Fajardo over a woman. The video shows Victorero appearing to confront Fajardo, who was wearing red. Victorero was shot, then fled, and was shot twice more before dying later that night.
"I think they should reopen the case and reinvestigate," Victorero said.
Deputy reports I obtained included emails from Victorero to Fajardo prior to the shooting. According to the report, Victorero wrote, "Ain't no one gonna stop me from whooping you when I see you," and "Just fight me… let me get some anger out on you."
The deputy recommended Fajardo not be prosecuted under Florida's Stand Your Ground law, which allows people to use deadly force if they reasonably believe they are in imminent danger of death or great bodily harm.
Expert questions Stand Your Ground application
Gary Kleck, professor emeritus of criminology at Florida State University, reviewed the video at my request and questioned the decision not to prosecute.
"It was originally designed basically to address cases where there really was lawful, there was legitimate self-defense," Kleck said.
"In this case, there should have been a pretty obvious case for a criminal homicide rather than self-defense," Kleck said.
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Stand Your Ground Law questioned in this fatal shooting
Kleck believes prosecutors in Florida are often reluctant to bring charges when suspects use the Stand Your Ground defense.
"I guess you could call it bureaucratic problems of productivity, you're supposed to have a good conviction rate as a prosecutor," Kleck said.
Prosecutor defends decision
I obtained an email sent to Victorero's lawyer from the prosecutor defending her decision not to file charges.
"The shooter merely had to have had a reasonable basis to believe he was about to suffer a forcible felony such as aggravated battery," former Assistant State Attorney Aleathea McRoberts wrote in 2024.
A representative from the Palm Beach County State Attorney's Office said it has not received any additional information from law enforcement.
Despite the setback, Victorero vows to continue her fight.
"And I will not stop until I can be heard, and I will find justice," Victorero said.
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