ORANGE COUNTY, Fla. – Surveillance video played for the first time in an Orange County courtroom Monday showed the moments leading up to the fatal shooting outside an Orlando nightclub late last month, as well as the incident itself.
Defense attorney Mark O’Mara previously told News 6 that although grainy, it was a “compelling” piece of video that he believed would buttress his client’s case.
Jean Gabriel Borja Gil De La Madr, 37, has been charged with second-degree murder in the shooting death of 33-year-old Julien Cruz.
O’Mara has not disputed that his client pulled the trigger, but he contends Borja acted out of self-defense.
[VIDEO: Defense attorney raises self-defense claim in deadly shooting outside Orlando nightclub]
Prosecutors, meanwhile, characterized Borja as the initial aggressor, claiming that the video and witness statements indicated Borja was “peacocking” while approaching Cruz’s partner.
O’Mara argued that Cruz’s partner—who has not been charged with any crime and therefore will not be named in this article—provoked the incident and tried to get inside Borja’s Jeep. O’Mara suggested that the man may have committed a forcible felony by opening the door to the vehicle.
[PREVIOUS COVERAGE: Surveillance video of fatal shooting outside Orlando nightclub slated to be shown in court]
The prosecutor assigned to the case maintained that Cruz’s partner was trying to close the door to the Jeep, in an apparent effort to prevent Borja from getting back out of his vehicle.
Moments later, the video appears to show Cruz falling to the ground and several people scattering away from the road.
A short cellphone video also shown in court depicted a physical altercation between Borja and Cruz and his partner. The video was only several seconds long and cuts off before the shooting.
Judge Vincent Falcone III ruled that the state had failed to meet its high burden in arguing for pre-trial detention and elected to grant O’Mara’s motion to set bond.
Borja was released from jail Tuesday morning after posting a $75,000 bond.