ORLANDO, Fla. – The attorney of a former Stetson University basketball player once accused of shooting a BB gun at another car wants to make clear what his client did do, and what he didn't do.
Grant Lozoya, 22, was arrested in March 2017 after motorist Damon Herota identified him as the person who shot at his Audi as he drove north on I-4 in Orange County.
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This week, Lozoya's attorney, James Smith, said it was his client who felt threatened.
"He was facing the prospect of harm to himself, harm to his friends," Smith told News 6. "Mr. Lozoya does concede that he did show a BB gun to the individual. But he did that in an effort to get the individual to know that if necessary he was ready to defend himself."
Smith said Lozoya believed Herota was following him and his two friends.
Herota showed News 6 the dents that he said were caused by BBs shot by Lozoya.
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Smith said Lozoya denied ever firing the gun. In fact, he said one of Lozoya's friends inside the car told police he was the one who shot, but he said he was never arrested.
"When we had an opportunity to really sit down and explain the facts and circumstances of the case to the state attorney's office, in particular to the supervisor of the prosecutor who is handling the case, they ultimately agreed the resolution that we ended up having was the appropriate one in this case," Smith said.
That resolution included Lozoya pleading guilty to a misdemeanor charge of unlawful exhibition of a firearm.
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The victim said he was left out of any plea discussions, and that has now sparked an investigation within the Office of the State Attorney.
"The victim should've been notified that there was a plea agreement," Smith said, "but that is something that the state attorney's office should've done. That was not the responsibility of Mr. Lozoya."
News 6 checked with the Florida Highway Patrol, which originally arrested Lozoya, and asked the agency about the claims that a friend of Lozoya's had claimed responsibility for firing the gun and was not arrested.
Lt. Kim Montes said she spoke with the arresting trooper, who said he went by what the victim saw that night, and they stand by their arrest.