HOLLYWOOD, Fla. – Attorneys for the teenage passenger who was shot and killed by an Uber driver implored the state attorney’s office to reconsider its decision not to prosecute the gunman. But the state attorney’s office will not take the case to a grand jury as the family’s attorney had requested, Local 10 News learned Friday.
The state attorney’s office responded to the suggestion of presenting the case to a grand jury stating that it could not “ethically present a case to the grand jury when they know the evidence is legally insufficient. . . . .”
Miles McGlashan, 19, was shot by the driver after an apparent argument over a drop-off location.
A letter, sent to the Broward State Attorney’s office on Friday by the family’s attorney, lists reasons why the evidence in the case should be heard by a grand jury.
(See the letter below)
As Local 10 News first reported Wednesday, the Broward State Attorney’s office said no charges will be filed against 51-year-old Christopher Bernadel under the state’s stand-your-ground law.
Bernadel is the Uber driver who shot McGlashan on Nov. 9, 2022, on Park Road in Hollywood.
The Barry University student, with no criminal record, was unarmed and was on his way to visit his grandparents.
After an argument over a drop-off location, McGlashan got out of the car and slammed the door. Bernadel then got out to confront him and claimed that his passenger started hitting him.
“All we are doing is asking them to take the case to the grand jury,” said attorney David Kubiliun. “Present the evidence to the grand jury and let a jury of our peers make a decision whether or not he should be charged,” said Kubiliun.
However, Kubiliun told Local 10 News late Friday that it appears the state attorney will not take the case to a grand jury. “We will see the appointment of a special prosecutor and also call on the Department of Justice to conduct an independent investigation,” said Kubiliun.
Kubiliun said that when Bernadel got out of his Uber and confronted McGlashan, the driver became the aggressor and an aggressor can’t be protected under the state’s stand-your-ground law.
He also says the state attorney’s office decision is based solely on records and that there is a discrepancy between doctors over the entrance and exit wound of the bullet.
Kubiliun claims that forensic experts were never consulted to corroborate where the bullet entered and exited McGlashan’s body.
“They didn’t do any of that and I think their investigation is lacking,” the attorney said. “The bullet entered the right flank and exited his chest. They just dismissed that as unimportant.”
The state attorney’s office responded:
“A thorough investigation was completed and State Attorney Pryor and other senior prosecutors agreed to meet with Mr. McGlashan’s family and their attorneys to express their condolences, advise them of a prosecutor’s legal duty and burden of proof, and also explain why no criminal charges can be filed in regard to the tragic and untimely death of their loved one. "
According to the state’s close-out memo, Bernadel claimed he was stumbling when he reached for his firearm because he was in fear for his life.
Police photos document swelling on the left side of Bernadel’s head.
We caught up with Bernadel earlier this year who refused to talk.
Local 10 News reached out to the state attorney’s office.
In response to Local 10 News’ request for a comment from the state attorney, Broward State Attorney Harold F. Pryor said:
“I met with the victim’s family to express my condolences, advise them of a prosecutor’s legal duty and burden of proof, and also explain why no criminal charges can be filed in regard to the tragic and untimely death of their loved one. Florida’s Stand Your Ground Law requires prosecutors to assess the facts and evidence we receive. While hearts and minds often struggle, prosecutors are tasked with and required by law to ensure there is not only probable cause to support a criminal charge but that there is also sufficient evidence to prove that charge beyond every reasonable doubt. Based upon the evidence we received in this matter, our office cannot pursue charges.
In order to prevent another tragedy like this one, I did share with the family that I would like to support legislation that would require an ever-present safety measure when using hired car services like Uber and Lyft. All vehicles should be required to be equipped with a video surveillance system that cannot be disabled when a customer is using the service.
We can never take away the loss of a loved one but we can certainly work to prevent a similar loss of life in the future.”
McGlashan spent 71 days in the hospital in an induced coma before being taken off life support.
“He had never been in any altercation in his life,” said April McGlashan. “I would never let my son get in a car with someone with a gun. How can a life be dismissed so quickly?”
Kubiliun says that justice was not served in the case of McGlashan.
“A guy gets out of the vehicle and pursues an unarmed teenager and shoots and kills him. That could have been your son. That could have been my son,” said Kubiliun.