Man charged with murder of co-defendant in self-defense shooting outside Lakeland restaurant
LAKELAND, Fla. - The co-defendant of a man who died in a shooting that police claim was self-defense will remain in jail on no bond.
Nicholas Lue, 27, of West Palm Beach was charged with 2nd Degree Murder in the death of Jesse Banks.
Lue, whilst in a wheelchair after being released from the hospital, made his first appearance in Polk County court on Friday afternoon.
Nicholas Lue, 27, of West Palm Beach made his first appearance in Polk County court on Friday afternoon.
The shooting happened just outside Calirose 15 Kitchen on April 24.
A man has been charged with the murder of a co-defendant in a self-defense shooting outside a Lakeland restaurant on April 24.
The victim, a 24-year-old man, was at the restaurant to celebrate his mom's birthday.
He told police he walked outside to smoke a cigarette when Lue and Banks confronted him, asking, "Where is [redacted] at?"
According to Lue's arrest affidavit, Lue and Banks are gang members and the victim saw both had a gun in their waistbands.
The victim told police Banks punched him in the face and knocked him backwards.
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Someone came out of the restaurant to help the victim, but Banks then told that person, "They were going to both die tonight."
Police say Banks struck that person in the face, and Lue pointed his gun at them.
The victim, who was in fear for the other person's life, took out his own gun from his waistband and fired shots.
Both Lue and Banks were hit, though Banks later died from his injuries at the hospital.
Police say the shooting was in self-defense because Lue and Banks instigated the argument and, under Florida law, it means that Lue can be charged in Banks' death.
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The Source: Information for this story was gathered by FOX 13's Carla Bayron.
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