Family of man shot at CVS files lawsuit against Davie Police Department

Family demands to see evidence in Craigslist deal that left man dead

MIAMI – The family of a 20-year-old man who was killed in a shooting at a CVS pharmacy during a botched Craigslist deal filed a lawsuit Friday, demanding that the Davie Police Department release surveillance video showing the Nov. 1 fatal shooting. 

Attorneys for the family of Andre Smith said a 2013 case created precedent for families to see any pictures, video or audio before, during or after the death of another family member.

Jasmine Rand and Jose Baez held a news conference Friday at Rand's Miami office to announce the filing of a lawsuit seeking injunctive relief.

Rand said the Davie Police Department "is there to uphold the law," but the withholding of information from the victim's family "is currently in violation of the law."

"They're painting the killer as a victim and they are painting an unarmed, 20-year-old young man as the aggressor," Rand said.

Greg Rossman, a retired prosecutor and current attorney for the town of Davie, told reporters Thursday that there is no law in Florida that requires authorities to release video evidence before an investigation is completed.

Davie police Maj. Dale Engle said Smith was fatally shot during a Craigslist transaction with Matthew Barry at the CVS.

Engle has said surveillance video shows Barry appear to be running away from Smith before the shooting.

Barry told police that he shot Smith because he thought Smith was going to rob him. Barry was supposed to be buying an iPhone from Smith.

Engle said the Davie Police Department will share the evidence with Smith's family "at the appropriate time."

The attorneys for Smith's family said they would rescind the lawsuit if it turns out that the department is worried they would lose Barry's cooperation.

About the Authors: