Barry’s attorney, Kenneth Padowitz, echoed that point from police. “He asked the clerk to call 911 and was put in a position where he had to defend himself, and he did,” he said. “Unfortunately, it ended with lethal results.” …
But Padowitz reiterated his client’s innocence. “It’s a tragic situation, but I believe the evidence in this case is going to show that my client did not violate Florida law in any way whatsoever,” he said.
Attorney Ken Padowitz speaks on behalf of client Matthew Barry
WSVN 7 – Jessica Holly | Jeff Lennox | Andrew Scheinthal
DAVIE, FLA. (WSVN) – A South Florida family is asking for answers after their loved one was fatally shot outside a Davie CVS.
The family wants police to hand over the video that showed the encounter between 20-year-old Andre Derek Smith and 38-year-old Matthew Barry before, investigators said, Smith was shot and killed.
“My son was my life, and I’m not going to stop until I get justice for my son,” said Smith’s mother, Andrea Goulbourne-Smith. “I’m always somewhere crying because that’s my baby. That’s the love of my life.”
According to police, Smith met with Barry for a Craigslist sale of a cellphone in the parking lot of the CVS located at 4610 South University Drive, Nov. 1, at around 1 p.m.
Officials said there was an argument between the two, and that’s when Barry went into the drug store and Smith followed. That’s when Barry asked an employee to call 911 as he tried to get away from Smith, police said.
Investigators said Barry ended up shooting and killing Smith inside the store.
“The surveillance video clearly shows that Mr. Barry enters the store and that Mr. Smith is right behind him,” said Davie Police Capt. Dale Engle during a prior press conference. “It looks like Mr. Barry is attempting to get away from Smith.”
Police said that surveillance video inside the store appears to support Barry’s version of what happened.
Barry’s attorney, Kenneth Padowitz, echoed that point from police. “He asked the clerk to call 911 and was put in a position where he had to defend himself, and he did,” he said. “Unfortunately, it ended with lethal results.”
Barry has not been charged in this case.
Now, Smith’s family wants proof of the incident and are demanding to see the video for themselves. However, Davie Police Department will not release the video. “I need to see it,” Goulbourne-Smith said. “I need to know.”
Baez has a message for the Davie Police Department. “To the officials at the Davie Police Department, you are causing this family tremendous and irreparable pain, on top of the suffering that they have already had to endure,” he said. “They want to bury their child with dignity and respect, and they ask that you treat them with dignity and respect.”
But Padowitz reiterated his client’s innocence. “It’s a tragic situation, but I believe the evidence in this case is going to show that my client did not violate Florida law in any way whatsoever,” he said.
Attorneys Jose Baez and Jasmine Rand are now representing the Smith family.
“To date, this family’s right to view that video to see what happened to their son has been denied,” Rand said.
They said they are ready to file a lawsuit under the public records law.
Baez and Rand are also accusing police of being insensitive from the moment Smith’s family got the knock at the door.
“‘I’m sorry your son is gone, but the media is gonna release it Thursday, and they are going to make it seem like it is a race thing because the shooter was white,’” said Goulbourne-Smith.
Davie Police told 7News that they will not release the video because it’s part of an ongoing investigation.
“This family didn’t make this a race thing, Davie Police Department, you made it a race thing,” said Baez.
There were also other allegations that were made against Davie Police. The department is planning to host a news conference on Thursday to address the matter.
