Sun Sentinel Palm Beach Edition

Trial set in Boca road rage shooting

Federal agent claiming self-defense in 2013 incident

- By Marc Freeman Staff writer

He’s fought on the battlefiel­d in Bosnia, searched for 9/11 victims at Ground Zero, helped rescue citizens during Hurricane Katrina, and brought an internatio­nal terrorist to justice.

But former soldier and military police officer Angel Echevarria’s mission now is beating criminal charges he’s facing over a road rage incident in Boca Raton, that ended with him firing his gun at a car carrying two adults and a child. He will stand trial beginning today on three counts of aggravated assault with a firearm.

“My client, who is not used to this side of the courtroom, is looking forward to having the evidence heard,” said attorney Bruce Lehr.

Echevarria, 44, claims he acted in self-defense when he took a shot outside the Town Center mall. He was offduty from his Miami-based job as a fedIf

eral agent at the time.

Palm Beach County prosecutor­s, who would not comment before the trial, argue in court pleadings Echevarria failed to behave like “a well-trained, coolheaded, federal law enforcemen­t officer.”

This road rage episode on Glades Road on the afternoon of Sept. 7, 2013, started in typical fashion, with obscene gestures and horn-honking from the drivers.

But it quickly escalated into a “very dangerous situation” that put “numerous shoppers in a mall parking lot at risk of great injury or death,” Assistant State Attorney Bryan Poulton wrote.

No one was wounded in the shooting. The defense has argued the charges — punishable by a 20-year minimum prison sentence — should have been dropped because Echevarria justifiabl­y used deadly force to protect himself and his family.

“It is clear that Agent Echevarria … was in fear for his safety, the safety of his wife, their five young children ... and others in the immediate area,” Lehr wrote.

At the time of his arrest by Boca Raton police, Echevarria served in dual roles as a deputy U.S. marshal, and Department of Homeland Security senior special agent with the Federal Protective Service. He has been free on a $15,000 bond. His job status is unclear.

A Homeland Security spokesman said Friday he could not specifical­ly discuss Echevarria’s status because of privacy rules.

“When an employee is charged with a felony, the agency will review the employee's status, which could result in the employee being placed on leave or suspended indefinite­ly,” Scott McConnell said.

Raised middle fingers

Before Echevarria used his weapon outside the mall, he was driving east on Glades Road in a black Honda Pilot with his wife, Elvia Lopez, a former military police officer-turned-homemaker, and their five children, ages 3 to 14. It was about 1 p.m., and they were headed to a birthday party.

Alla Juma, now 30, from Pompano Beach, was on the same road, driving a red Toyota Camry, with his brother Mahde Juma, 22, and Alla Juma’s 3-year-old son in the back seat. The Jumas were employees at their father’s restaurant. That much is undisputed. The prosecutor said Alla Juma tried to change lanes so he could turn into the mall and pick up his wife after a shopping trip. Juma cut off Echevarria, who responded by pressing his horn.

The Juma brothers both showed Echevarria their middle fingers, records show. Echevarria said the Jumas also made pistol motions with their hands.

“And after we flicked them off, we just thought it was just a regular road rage and he kept going,” Juma said at a 2015 hearing.

Echevarria says the encounter didn’t end like that. He claims Juma swerved into his lane, which caused Echevarria to bump his SUV into the rear of another vehicle, according to court records. Echevarria’s wife called 911, and a dispatcher asked them to meet officers outside Macy’s.

Shooting outside Nordstrom

After Echevarria pulled into the mall lot, his wife spotted Juma’s Camry double-parked in front of Nordstrom’s east entrance, court records show.

Prosecutor Poulton, pointing to surveillan­ce video, said Echevarria “aggressive­ly” drove his SUV up to the Camry and parked facing it. Poulton says it appears Echevarria and his wife were angry the Jumas “flipped them the bird.”

The plaincloth­es agent yelled and pointed a .40-caliber handgun at the Jumas, the prosecutor said, adding Echevarria’s wife also jumped out and slapped the Camry.

The Jumas were “now in fear for their lives” and Alla Juma reversed his car slightly, and then pulled out to the left to clear the Pilot, the prosecutor said.

Juma’s car hit Echevarria’s wife, and Echevarria fired his gun once, hitting the rear driver’s side of the Camry as it darted away, Poulton said.

The defense argues Echevarria approached Juma’s car to get names for police, but then saw someone reaching for a firearm. Echevarria testified he drew his weapon, and shouted, “Put it down. Police.”

Juma has denied pointing his gun, and said music on his car radio prevented him from hearing the agent.

During a later search, police found a gun under the Camry’s driver’s seat along with marijuana in the trunk. The Jumas were not charged.

Asked to explain his decision to shoot, Echevarria answered, “Well I thought they tried to kill us on Glades Road, they tried to kill me with a gun, and then they tried to kill me with a car, they are going ... to kill my wife.”

Echevarria’s lawyers contend Juma committed crimes by using his car as a weapon and carrying contraband.

But in 2015, now-retired Circuit Judge David Crow denied Echevarria’s request for immunity from prosecutio­n under the state’s “stand your ground” self-defense law.

Based mainly on the surveillan­ce video and testimony from a witness in the parking lot, Crow concluded Echevarria shot at the Camry as it was speeding away and not in an attempt to stop it from hitting his wife as he claimed. The judge also wrote he didn’t believe Juma grabbed his gun.

An appeals court, without comment, denied Echevarria’s challenge of Crow’s order, clearing the way for the trial.

Unresolved

One unresolved issue as the trial starts: Should jurors hear about Juma’s 2016 arrest by Florida Highway Patrol in a one-car high speed crash?

Prosecutor­s want Circuit Judge John Kastrenake­s to prevent the defense from telling the jury that Juma was arrested last July 4 on reckless driving and child neglect charges after a high-speed one-car crash on Florida’s Turnpike west of Delray Beach.

A 4-year-old child was in the car, according to an arrest report.

Prosecutor­s later declined to pursue the child neglect charge, and also dropped the reckless driving count. Resolving the case, Juma in August pleaded guilty to misdemeano­r possession of marijuana, records show.

Despite the prosecutio­n of Echevarria, Poulton has said he recognizes the defendant’s personal sacrifices for the nation.

“He served our country in the military, and he’s taken an occupation that is very dangerous,” he said. “These arguments in this case don’t neglect that.”

Juma, who will be the key witness, has said he’s glad Echevarria is not getting a free pass because he is a law enforcemen­t officer.

“If you're a federal agent, Juma told the Sun Sentinel in 2013, “you shouldn’t act like a Rambo.”

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