A scooter rider heading north on Brickell Avenue was struck multiple times by BB pellets early Monday morning, including one that hit him near his left eye and knocked him off his scooter, after three out-of-state men allegedly rolled down the windows of a gray Mercedes-Benz SUV and opened fire as they drove past. Miami police say the men circled back and fired again before speeding off, and officers caught up with the vehicle roughly 20 minutes later.
The shooting happened around 1:10 a.m. Monday near Brickell Avenue and Southeast Seventh Street, according to Local 10 News. Police say 21-year-old Kai McMurray, of Laguna Beach, California, was driving the SUV alongside the scooter rider while 19-year-old Tomas Flecha, of Conyers, Georgia, and 23-year-old Ayden Hanan, of Gurnee, Illinois, fired BB guns out the windows. After the vehicle passed the rider, the occupants allegedly turned back around and fired at him again.
The scooter rider recorded video of the SUV as it left the scene, per the outlet's report, which police used to help identify and locate the vehicle. Officers found the Mercedes about 20 minutes later on Southwest Second Avenue near Eighth Street. Investigators recovered three BB pellets at the scene of the shooting, and additional pellets were later found scattered across the vehicle's floorboards, seats and cup holders.
Suspects Allegedly Admitted to Shooting Spree Around Brickell
According to police, McMurray admitted that Flecha and Hanan had been rolling down the windows and shooting BB guns at people while he drove around Brickell. Hanan reportedly admitted he was aware the BB gun shooting was happening. The same account notes the men had dropped the BB guns off at their apartment before continuing to drive around the area, only to be tracked down by officers shortly after.
All three men now face charges of aggravated battery. McMurray and Hanan were each also charged with attempted shooting or throwing a deadly missile, while Flecha was charged with shooting or throwing a deadly missile. The three were taken into custody and held at the Turner Guilford Knight Correctional Center, where bonds were listed as to be set Monday. Miami-Dade County's booking process at that facility typically involves fingerprinting and medical screening that can take four to 12 hours before bond is posted or a first-appearance hearing is held within 24 hours.
Why BB Guns Can Trigger Felony Charges
Under Florida Statute § 790.19, shooting or throwing any missile, stone or hard substance at or into an occupied vehicle is a second-degree felony punishable by up to 15 years in prison and fines up to $10,000, according to The Florida Senate. Aggravated battery involving a deadly weapon under Florida Statute § 784.045 carries the same second-degree felony classification and maximum penalties.
Florida courts have interpreted “deadly missiles” under that statute broadly enough to cover non-firearm projectiles, including BB pellets, rocks or glass bottles, when fired in a manner capable of causing death or great bodily harm, per the Hussein & Webber Law Firm. Florida law does not broadly restrict adults 18 and older from buying or possessing BB guns without a firearm license, according to the Giffords Law Center, meaning owning the air guns was legal even as their alleged use against a person in transit exposed the three men to felony charges.
Part of a Wider Pattern Targeting Riders
Drive-by style attacks using non-lethal projectile weapons against pedestrians have led to felony arrests elsewhere in the state, including a June case in Seminole County where two teenagers were arrested for shooting gel beads at pedestrians from a moving car, as reported by WKMG. Micromobility riders in Miami-Dade County have separately faced violent attacks, including an incident in northeast Miami-Dade where suspects shoved teens off scooters in broad daylight.
South Florida cities have also moved to tighten safety rules for scooter and micromobility riders more broadly. Miami Beach adopted an ordinance in May requiring front white headlights visible from 500 feet and rear red reflectors visible from 600 feet on e-scooters, according to city officials cited by Miami Today. It remains unclear whether prosecutors will maintain the second-degree felony charges once formal charges are filed, or whether other potential victims from the trio's alleged drive-around will come forward.
