Ludvin Raul Gallopena, 40, faces charges of aggravated assault with a firearm and improper exhibition of a weapon or firearm after an alleged confrontation at a Miami parking lot, according to an arrest report cited by WPLG Local 10. He was being held Friday at the Turner Guilford Knight Correctional Center on a $5,500 bond.
What police say happened
The incident was reported shortly after 9 p.m. on Aug. 15 near Northwest 17th Avenue and Northwest 30th Street, behind the Presidente Supermarket in Allapattah. The arrest report says a dispute over a parking space became an argument before Gallopena allegedly took a black gun from his vehicle and aimed it at another man from the driver’s side.
Police said the man told investigators that Gallopena threatened to shoot him if they encountered each other again and that he feared for his life. The report described the object as an airsoft gun that resembled a real firearm and lacked an orange tip.
How Florida courts have treated airsoft guns
In a separate Orange County case arising on April 29, 2021, the Florida Fifth District Court of Appeal held that evidence of a man brandishing an airsoft gun while advancing toward an officer created a factual issue sufficient to support a prima facie aggravated-assault case, while not establishing guilt, according to the Florida Fifth District Court of Appeal. The circumstances differed from the parking-lot confrontation described in Gallopena’s arrest report.
Investigation and identification
A witness told investigators he had apologized to Gallopena for taking his parking space and asked the other man to speak with him. The witness said Gallopena then became angry, went to his vehicle and pointed the gun at the man, according to the report.
The report says Gallopena went into the supermarket after the confrontation and later left in a gray Honda Pilot. Detectives collected recorded statements from the witness and the alleged victim. On Aug. 18, the witness identified Gallopena in a sequential photo lineup, police said.
Arrest and reported statement
Detectives found Gallopena on Sept. 10 near Northwest Seventh Avenue and Northwest 62nd Street and took him to the Miami Police Department’s Violent Crimes Office, according to Local 10’s account of the arrest report.
After waiving his Miranda rights, Gallopena acknowledged arguing with the other man in the supermarket parking lot. Police said he admitted displaying and pointing a black airsoft gun because he was afraid, recognized that his conduct was wrong and said he should have remained at the scene and contacted authorities.
The charges are allegations, and the arrest report does not establish whether the case will proceed to trial or be resolved in another way.
