Self-defense or murder? Judge to rule on stand your ground defense in Ybor City DJ death

TAMPA, Fla. - Joel Moreno Cobo was back in court Thursday morning for a lengthy Stand Your Ground hearing that included hours of witness testimony. 

Moreno Cobo is accused of shooting and killing Dedrick Sykes, known in Tampa as "DJ Shy Guy," during a road-rage confrontation in Ybor City last November.

Ybor City road rage shooting

The backstory:

According to court documents, Moreno Cobo told investigators he flashed his lights at another vehicle while they were in traffic at the intersection of E. 5th Avenue and 22nd Street N. Sykes and Moreno Cobo then exchanged profanities.

Investigators say Sykes stopped his Jeep in the roadway, got out and began walking toward Moreno Cobo’s vehicle.

Moreno Cobo told detectives Sykes told him to get out of the car. He says he then grabbed his gun and fired two shots, killing Sykes.

Moreno Cobo told investigators he did not see a weapon on Sykes, but believed Sykes was going to attack him. His defense also argues he was concerned for the safety of his girlfriend and child, who were in the vehicle.

Self-defense claim details

What we don't know:

A key question at Thursday’s hearing was whether Moreno Cobo’s belief that he was in imminent danger was legally reasonable under Florida’s stand-your-ground law.

Surveillance video does not provide a direct view of the entire confrontation, according to investigators. However, detectives noted that the footage showed only about four seconds between Sykes stopping his Jeep and witnesses reacting to the gunfire.

What happened during the hearing? 

What we know:

The woman inside Sykes' car testified that he wasn't armed that night and didn't own any weapons.

Moreno Cobo's attorney questioned the woman about where Sykes was headed that night. He argued that Sykes was in a rush at the time of the incident.

Late Thursday afternoon, Moreno Cobo took the stand to testify about what happened the night of the shooting.

"I look back up, and I just see him basically right at my window," Moreno Cobo said. "And at that point, I couldn't see his hands anymore. When he first got out of the vehicle, of course, I could see his hands, but at that point, he's so close to my vehicle that I can no longer see his hands, so I have absolutely no idea if he's got something he's about to pull out."

Prosecutors challenge account

The other side:

Prosecutors say the evidence does not support Moreno Cobo’s claim of self-defense.

They challenged his account of the confrontation and point to the fact that Moreno Cobo told detectives he never saw a weapon on Sykes. Detectives also documented a previous incident involving Moreno Cobo and a gun.

Nine months before Sykes was killed, Moreno Cobo was caught on camera pistol-whipping a man in Ybor City, according to a police affidavit.

Detectives say the man had allegedly thrown something at Moreno Cobo’s vehicle, and Moreno Cobo responded by getting out of his car with a gun and repeatedly striking the man in the head with it before the weapon fired and damaged a nearby business.

According to the affidavit, Moreno Cobo admitted to attacking the man but told investigators he was acting out of fear.

Courtroom hearing arguments

What they're saying:

During a bond hearing in November, Detective Heather Donahue discussed Moreno Cobo’s account of the confrontation.

"He said that he didn’t know what the guy was going to do, but it wasn’t to give him a hug," Donahue said.

Moreno Cobo’s defense has argued that a person does not necessarily have to see a weapon before being legally entitled to defend himself.

"At what point is someone able to defend themselves?" the defense argued. "Do they have to see the gun? Do they go for their waistband?"

But prosecutors say he went too far.

"This isn't a situation where the victim's saying, I'm going to kill you, I'm gonna shoot you, I have something for you, anything like that. There are no statements made that would put him or any reasonable person in a position where they would be in fear of imminent death or great bodily harm," said prosecutor Scott Harmon.

Moreno Cobo took the stand Thursday to give his account of what happened. He testified he wanted the car blocking the intersection to move a little, but Sykes yelled expletives at him, got out of his car and walked to Moreno Cobo’s vehicle.

"I just remember seeing him just like his body language, his facial demeanor, like everything just seemed like he was determined to hurt me," he said, adding he feared for the safety of himself, his young daughter and girlfriend, who were also in the vehicle. "At that moment I kind of like lean to the side. I don't really like aim and that's when I fired the shots."

Second-degree murder charge

Why you should care:

Moreno Cobo is charged with second-degree murder in Sykes’ death.

After the hearing, the judge said she would rule on this case by August 31. She said she wants to take time to consider all the arguments and evidence presented during the stand-your-ground hearing.

If the judge finds Moreno Cobo is entitled to stand-you-ground immunity, he could avoid a murder trial. If the defense is unsuccessful, the criminal case would continue toward trial where Moreno Cobo would still be allowed to argue to a jury that he acted in self-defense.

TampaCrime and Public Safety