Judge rejects defense claim

Manslaughter suspect: Victim was the aggressor

A Broward judge turned down a self-defense claim in a 2014 manslaughter case Tuesday, finding the evidence inconsistent with the accused man’s account of what took place.

Demetrius Elder, 44, of Miami, said victim Fakhradeen Muhammad Knight was the aggressor in an August 2014 encounter by a stop sign near Claridge Drive and Miramar Parkway, portraying it as a sudden, unprovoked attack on his passenger, Armando Baptista, of Hollywood.

But Elder said Knight was armed with a knife, contradicting the testimony of Knight’s girlfriend. And there were no wounds on Baptista to match the battering he allegedly suffered at Knight’s hands.

Elder will still be able to claim he acted in self-defense, but he’s going to have to convince a jury when his case goes to trial starting July 9 — Circuit Judge Ernest Kollra refused to dismiss the case Tuesday.

Both Baptista and Elder stabbed Knight multiple times, and both are charged with manslaughter with a weapon, which carries a maximum sen-

tence of 30 years in prison.

Defense lawyers Gabe Ermine and Tamara Curtis argued that the encounter between the defendants and the victim was not the random road rage case it originally appeared to be.

Elder and Baptista were at a party in Miramar, and Knight had been called by a mutual acquaintance to the same party. The defense lawyers argued that Knight was there as muscle, to settle a dispute between Baptista and yet another mutual friend.

When Knight encountered Baptista and Elder at the stop sign after they left the party, it was not coincidental, Curtis said. Knight tried to pick a fight, and Baptista and Elder defended themselves.

Prosecutor Patyl Oflazian portrayed the fight as Baptista attacking Knight, unprovoked, with Elder joining in.

The two men were set to go on trial together last month, but Baptista’s lawyer faced Florida Bar discipline and had to back out of the case. Elder filed a motion to have the case dismissed under the state’s stand your ground law, followed by a demand for a speedy trial.

Baptista is due back in court, with a new lawyer, in August.

rolmeda@SunSentinel.com, 954-356-4457, Twitter @SSCourts and @rolmeda