A white woman who fatally shot her Black neighbor in Florida earlier this month will not face murder charges, prosecutors said Monday.
The incident occurred on June 2 when Ajike Owens, 35, a Black mother of four, went to confront Susan Lorincz, 58, after her children complained that Lorincz threw a pair of skates hitting at least one of them while they played in an open field near her apartment.
Owens’ 9-year-old son was reportedly standing next to her when she was shot.
Lorincz was arrested days later and charged with manslaughter with a firearm, culpable negligence, battery and two counts of assault.
In a statement on Monday, Florida State Attorney William “Bill” Gladson said Lorincz will be charged with manslaughter with a firearm and one count of assault. He said there was insufficient evidence to file second-degree murder charges against Lorincz.
Gladson explained that in order to prove second degree murder, “the State must prove beyond and to the exclusion of every reasonable doubt, the existence of a depraved mind toward the victim at the time of the killing.”
“Depraved mind requires evidence of hatred, spite, ill will or evil intent toward the victim at the time of the killing,” he said. “As deplorable as the defendant’s actions were in this case, there is insufficient evidence to prove this specific and required element of second degree murder.”
“Given the facts in this case, aiming a firearm at the door, and pulling the trigger is legally insufficient to prove depraved mind,” he added.
Gladson also said he will not be pursuing the charges of culpable negligence and battery because the legal requirement for those crimes were not met.
“Simply stated, my obligation is to follow the law,” Gladson said. “Understandably, emotions run high, particularly with senseless, violent crimes. However, I cannot allow any decision to be influenced by public sentiment, angry phone calls or further threats of violence, as I have received in this case. To allow that to happen would also be improper and a violation of my oath as a prosecutor and as a lawyer.”
Lorincz faces up to 30 years in prison if convicted.