Man charged with killing Rickenbacker bike owner says gun pointed at him first. However gun’s gone

At dawn on one of the crucial scenic roadways in America, a taking pictures was captured on cellphone video and elements of it on Fb Reside, sending shock waves by way of South Florida’s biking group.

Avid bike rider Alex Palencia, 49, had stopped his common trip on the William Powell Bridge on the best way to Key Biscayne, when Kadel Piedrahita bought off his motorbike, pointed a gun at Palencia at point-blank vary and appeared to shoot him within the abdomen. Piedrahita, 41 on the time, was charged with second-degree homicide and aggravated assault with a firearm.

Miami-Dade State Legal professional Katherine Fernandez Rundle referred to as the bike owner’s dying “tragic,” and a “mindless taking pictures” and she or he warned that her workplace wouldn’t tolerate the gun violence.

On Thursday, 5 years after Palencia was killed, Piedrahita lastly bought his day in court docket. And through opening statements, his legal professional warned jurors that it’s what they gained’t see on any movies of throughout the trial that proves her shopper’s innocence — a gun that Palencia pointed at Piedrahita earlier than the bike owner was killed that’s nonetheless lacking to today.

“The gun gained’t be launched as proof,” stated Miami-Dade Public Defender Yanelis Zamora. “That gun needed to have been taken out of there… It was faraway from the scene earlier than law enforcement officials even arrived.”

The legal professional instructed jurors that her shopper acted in self protection when he shot Palencia. And, she stated, Piedrahita solely fetched the weapon after he was struck by Palencia and compelled to cease his motorbike trip, then was crushed by three cyclists who punched him within the face and pounded his head.

“He [Piedrahita] did the one factor he might at that time, defend himself,” Zamora stated.

Kadel Piedrahita, who is accused of shooting and killing a cyclist on the Rickenbacker Causeway in August 2019, talks to his attorneys during his trial in Courtroom 7-2 inside the Richard E. Gershwin Justice Building on Thursday, September 5, 2024, in Miami, Florida.Kadel Piedrahita, who is accused of shooting and killing a cyclist on the Rickenbacker Causeway in August 2019, talks to his attorneys during his trial in Courtroom 7-2 inside the Richard E. Gershwin Justice Building on Thursday, September 5, 2024, in Miami, Florida.

Kadel Piedrahita, who’s accused of taking pictures and killing a bike owner on the Rickenbacker Causeway in August 2019, talks to his attorneys throughout his trial in Courtroom 7-2 contained in the Richard E. Gershwin Justice Constructing on Thursday, September 5, 2024, in Miami, Florida.

However prosecutors who addressed jurors forward of Zamora instructed a distinct story. Miami-Dade Assistant State Legal professional Conor Soper referred to as Palencia’s dying “a calculated, rage-filled, unjustified killing.” Soper instructed jurors the day earlier than the taking pictures, Piedrahita was “seething with rage” throughout a put up on Fb Reside.

“When the time comes, I’ll break you in two,” the prosecutor stated Piedrahita stated throughout the broadcast. “You messed with the mistaken man.”

Don Pan riders

Palencia was killed on a Wednesday morning in late August 2019 throughout a trip with a widely known group of cyclists who’re also known as the Don Pan Riders. They’re referred to as that as a result of they set out on mornings from a Don Pan bakery in South Miami, then trip collectively north towards the toll to Key Biscayne. Then they cross the Rickenbacker Causeway and head into the village, earlier than turning round and returning to South Miami.

That morning on Palencia’s dying, Piedrahita’s son, additionally named Kadel, wished to check out new wheels he’d bought for his bike. So he requested his dad to hitch him as he rode with the Don Pan group. Driving alongside on his motorbike and videotaping or displaying the occasion stay was regular for Piedrahita, the daddy, who was happy with his son and whose legal professional claimed was an avid bike owner himself years in the past in Cuba.

The older Piedrahita joined the group on his motorbike whereas holding a Go Professional digicam, simply as they bought previous the toll sales space headed towards the Key. Then one thing went terribly mistaken.

Palencia stopped his bike and Piedrahita stopped his motorbike. Their argument, caught on videotape escalated till Piedrahita is seen taking pictures Palencia. Then, nonetheless holding the gun, Pieadrahita chases considered one of Palencia’s mates, however doesn’t shoot him.

When an officer arrived, he stated he discovered Piedrahita sitting on the roadway with Palencia laying nonetheless, virtually in his lap. Piedrahita stated he yelled at his son to name 911. Police initially let the Piedrahitas go. It’s not precisely clear why. They picked up the older Piedrahita at his dwelling the following day and charged him with Palencia’s dying.

Simmering argument

The one factor the protection and prosecutors agree on is that some kind of simmering argument that originated earlier than the day Palencia was killed, was accountable for their feud.

Soper, the prosecutor, stated as soon as Palencia observed Piedrahita following him, the boys exchanged phrases. Then Piedrahita kicked Palencia whereas he was using his bike.

“We all know precisely why this occurred,” Soper stated, telling jurors {that a} day earlier on Fb Reside, Piedrahita was talking on to the person he would kill lower than 24 hours later, when he stated, “I’ll break you in two. Simply contact me …”

But it surely wasn’t fairly that easy, stated protection legal professional Zamora. Within the days main up the Palencia’s dying, Zamora stated the 2 males had a number of exchanges. In a single, she stated, Palencia referred to as the defendant “nearly each single Spanish Cuban insult within the dictionary.”

Palencia, she stated, made threats towards Piedrahita that gave him little alternative however to defend himself.

“He additionally instructed him,” Zamora stated to jurors, “You don’t know me. I’d watch out while you’re along with your son alone.”

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