Jury acquits Avon Park man of attempted murder

It took roughly an hour of deliberation before a jury returned with a not guilty verdict in the case of an Avon Park man accused of shooting another last December.

Cries of, "Oh, thank you Jesus," could be heard in the courtroom after the jury formally cleared Altus Jermar Lee, 21, of the charge of attempted murder in the first degree.

The jury further found that the defendant did not carry or discharge a firearm.

Thursday's verdict brought to a close a case that started almost a year ago.

Assistant State Attorney Richard Castillo told the jury during opening statements that the case would show that, on Dec. 28, 2008, Lee and the victim, Alvin "Stefan" Hinson, got into an argument while at a party at the Hopewell Academy in Avon Park.

"Once at that party, Mr. Lee approached Mr. Hinson and they had an exchange of words," Castillo said. "Exactly what was said is not sure, but that it was a bit hostile."

Both men later found themselves at the intersection of Hal McRae and Delaney boulevards, otherwise known as "the corner," where gunshots rang out.

"It was at that point that Mr. Hinson heard a gunshot. Bang!" Castillo said. "And naturally, he'll tell you that when he hears the gunshot, he took off to run. When he started to run, he ran a short distance and fell to the ground."

Avon Park Police Sgt. Jake Bratten testified that Hinson suffered a gunshot wound to the chest. It was not life-threatening, as the bullet only grazed him.

Defense attorney Jose Concepcion said in his opening statement they were not disputing that the victim suffered an injury that night, but instead whether Lee was the shooter or not.

"You will not hear any evidence that consistently indicates that Mr. Lee is the one that shot Mr. Hinson," Concepcion said.

Hinson took the stand first and said he had gone to the party that night with cousins. While there, he met up with a girl that had previously dated the defendant, according to his testimony.

The probable cause affidavit stated the two started arguing because of a woman.

"He was just like, 'You checked me for a female,'" Hinson testified.

The two were face-to-face when they met again on the corner, according to Hinson, who added he shoved Lee before hearing the first gunshot.

"After the first gunshot, I started to turn and run," he said.

During cross examination by Concepcion, Hinson, who was 19 at the time of the shooting, said Lee's left hand was visible down at his side, but the right hand was hidden underneath his shirt.

The victim also testified he never saw anything in Lee's hands, which included a gun, and never actually saw the shooter.

"Basically, the bottom line, Stefan, is all you really know that happened that night is you got shot isn't it?" Concepcion asked.

"And I know who it was," responded Hinson, who had earlier identified Lee as the man who shot him.

The second witness was Virgil Cooper, who said he witnessed the two arguing down at the corner.

He testified he never saw a gun or a flash, but did see Lee pointing at Hinson before the back-to-back gunshots were fired.