Self-defense or murder? Stand your ground hearing begins in shooting death of DJ Shy Guy

TAMPA, Fla. - Joel 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 Shooting Hearing

What we know:

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 is 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.

The judge will ultimately have to determine whether Moreno Cobo’s use of deadly force was legally justified.

Prosecutors Challenge Account

The other side:

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

They are expected to challenge 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.

Second-Degree Murder Charge

Why you should care:

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

Thursday’s Stand Your Ground hearing could determine whether that prosecution moves forward.

If the judge finds Moreno Cobo is entitled to Stand Your 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.

The hearing is expected to focus on what Moreno Cobo knew or reasonably believed at the moment he opened fire and whether the circumstances legally justified the use of deadly force.

TampaCrime and Public Safety