School fight caught on cameraDigital Host
MIAMI LAKES, Fla. – The attorney representing a high school senior accused of stabbing another student during a fight says cellphone video proves his client was acting in self-defense.
WATCH: Cellphone video captures fight
“You’ve got a student lying in wait to attack another student,” said defense attorney Frank Gaviria.
Gaviria’s client, Frank Acosta, 18, is accused of stabbing Mauricio Padron, 17, at Barbara Goleman Senior High in Miami Lakes on February 7th.
Gaviria released two cell phone video clips on Friday that showed the victim, Padron, acting like the aggressor.
The video shows Padron, who has a large build, with his shirt off, waiting for Acosta at the stairwell after the two had an argument in the cafeteria.
In the video, Acosta is seen trying to walk away but he cannot leave because the stairwell is so crowded.
Padron lunges at Acosta. Acosta pulls out a small penknife and stabs Padron. Padron comes after Acosta again before the two are separated by other students.
In a second video clip, Padron is seen walking to the school office with blood running down his back. Gaviria said his client kept the Swiss army penknife on his keychain.
Acosta was charged with aggravated battery and having a weapon on school grounds.
Padron was arrested a week later on lesser charges of battery and interfering with an educational institution.
Gaviria said if his client is convicted, he faces up to 20 years in prison, but he does not think that will happen.
“I believe that ultimately justice will prevail and the charges will be dropped. Rather than him being called the defendant he will be labeled the victim which he truly is,” said Gaviria.
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