A South Florida man accused of shooting someone he thinks trying to break into his apartment is facing charges of attempted murder.
A trial is expected early next year after a judge declined to take up Joshua Rivera’s case on Friday.
The family of Rivera, 30, attended the proceedings on Friday, hoping Rivera’s attorneys can convince Circuit Court Judge Ellen Sue Venzer to release him in time for Christmas.
His team argued that he was trying to protect his children and fiancée when he pulled a gun and didn’t deserve to be behind bars.
Rivera, a father of seven, was arrested last month on charges of attempted murder, aggravated assault with a firearm and firearm abuse.
The incident began in November when another man, Anthony Trinchet, knocked on neighboring homes at the Rivera’s Homestead apartment complex. Police said Trinchet was looking for a friend.
The last door he knocked on was Rivera’s.
Police reports indicate that witnesses saw an altercation break out between the two. Rivera then pulled out a gun and shot Trinchet.
Trinchet, who was hit in the head by a bullet, was treated at the hospital. He survived his wound.
Trinchet is facing charges in another case – lewd conduct with a minor.
He pleaded not guilty and was not bound.
Rivera’s team thinks it’s unfair that Rivera should go to jail and just protect her family.
Their attorney, Michael Pizzi, asked the judge to bring a murder charge.
The judge said the case would continue.
https://www.nbcmiami.com/news/local/judge-refuses-to-throw-out-case-after-father-of-7-charged-in-homestead-shooting/2644479/ Judge refuses to release records after father of 7 charged in Homestead home invasion – NBC 6 South Florida