Sun Sentinel Palm Beach Edition
No charges in fatal shooting at pharmacy
Use of deadly force was justified, jury decides
When Davie Police raced to a shooting at a CVS Pharmacy, they found Alexander Williams, his hands bloodied, standing outside the store. His friend ’Dre Smith was inside, lying on the floor and bleeding from his chest.
“He got shot for a cellphone,” Williams, who tried to perform CPR on his friend, told an officer.
A Broward County grand jury decided Thursday not to indict gunman Matthew Jay Barry, 38, of Davie in the Nov. 1 shooting death of Andre Derek Smith, 20, of Pembroke Pines, which happened during a cellphone sale that police say began on Craigslist.
The decision said in part, “After considering all the evidence, your Grand Jury has concluded that the homicide of Andre Smith, was the result of the justifiable use of deadly force under Florida Law, and that, therefore, criminal charges against any involved individual are not warranted.”
Barry could not be reached for comment Friday. His attorney, David Oscar Marcus said in an email, “The grand jury reached the right decision in this case. What happened that day is very sad and we extend our heartfelt condolences to the family.”
During a lunchtime meeting, Barry met Smith and Williams, 21, of Pembroke Pines, outside the store at 4610 S. Uni-
versity Drive to buy Williams’ iPhone 7.
Williams had listed the phone on Craigslist and Barry responded to the $300 offer, bartering it down $20 because it had a scratch, Davie Police said.
After the men met at the drugstore, Barry and Smith went inside and sat in chairs near the pharmacy to finish the deal.
But Smith said he couldn’t back up the phone’s data and walked out of the store.
Barry left the store and Williams approached him in the parking lot, wanting the sale to happen. But Williams walked back and forth to Smith, who was in his truck, police said.
The encounter made Barry feel uncomfortable but he paid Williams $280 in cash for the phone. As Barry walked to his car, Smith approached, cursing and acting irate toward him, according to a police report.
Detectives said Williams and Smith wanted the SIM card that was still inside.
Twice during the transaction, Williams tried to get Smith to “chill” and go back to his truck, and to forget about the SIM card, he told investigators.
Barry gave the SIM card to Smith. He told detectives that he felt afraid, that Smith threatened to kill him and followed him into the CVS. Williams also said Barry seemed intimidated by Smith and was trying to get away from him, the report said. Once inside the store again, Barry asked a cashier to call 911.
Store surveillance video released by Davie police Friday shows 10 seconds before the gunfire began. Smith was closely following Barry, there was shoving and Barry pulled a Ruger LC9s 9 mm pistol from his pocket and shot it several times, police said.
Williams heard the bullets fly and thought to himself, ‘Oh, please, God, don’t tell me he shot this kid for this,’ he told police.
Davie Fire Rescue paramedics took Smith to Memorial Regional Hospital in Hollywood, where he died a half-hour after being wounded.
The Broward County Medical Examiner’s Office ruled Smith’s death a homicide, and removed three bullets from his body. The police report listed four additional witnesses who echoed Barry’s description of the deadly conflict, including his requests that 911 be called.
Barry told police he’d been robbed before and that because he buys personal electronics with cash, he carries a weapon, which Davie police said he is legally licensed to carry.
“This is a tragedy,” Davie Police Maj. Dale Engle said during a press conference Friday. “One man’s life was lost over the sale of a phone, but at this time the case is closed.”
Efforts to reach Williams, Smith’s parents and the attorneys who represent the Smith family were not successful.