A man who shot at a Florida couple when they went to the wrong house to make an Instacart grocery delivery will not face charges.
Authorities in Davie, north of Miami, said they will not recommend charges against the shooter, 43-year-old Antonio Caccavale, after determining that his actions were justified by fear.
Mr Caccavale opened fire on Instacart driver Waldes Thomas and his girlfriend, Diamond D’arville, outside his home on 15 April.
Mr Thomas told WTVJ the couple were making a delivery in Broward County when they mistakenly pulled up at the wrong address and walked onto the property.
He said that a male homeowner, now identified as Mr Caccavale, demanded to know who they were and eventually pulled up behind them in his truck.
“I had seen him pull out a gun and that’s when I said, ‘We got to go, we got to go,’” Ms D’arville told WTVJ. “I was scared, I’m not going to lie.”
The couple said that their car was then struck by several gunshots and they pulled over to call Davie police.
“We were there for Instacart, we were trying to tell him, and he went about it the wrong way — instead of just calling police, saying ‘I have trespassers on my lawn,’ he decided to shoot,” Mr Thomas said.
“(A detective) asked if we wanted to prosecute and we agreed to do that, but he said since they didn’t break any laws or do anything unlawful, they couldn’t do anything because we were on their property,” Ms D’arville told WTVJ.
“It’s just not right - even if you have a gun, I understand you’re trying to protect your family, but you don’t come outside shooting.
“We’re telling you what we’re here, we’re trying to leave and you’re blocking us in, it could’ve just been on our way and they made it bigger than what it was.”
In an update on Friday, Davie Police suggested that charges had been considered not only for Mr Caccavale but also for Mr Thomas, who struck a boulder and the shooter’s foot while trying to drive away. Ultimately, they determined neither man should be charged.
“Each party appear justified in their actions based on the circumstances they perceived,” Detective Patrick Di Cintio said in a supplement to the police report, according to NBC News.
Instacart told WTJV that it was looking into the incident.
“The safety of the entire Instacart community is incredibly important to us, and we take immediate action when we receive reports of violence or threats of violence made against any member of the Instacart community. We have reached out to the shopper and will cooperate with law enforcement on any ongoing investigation,” the company said in a statement.
The incident comes after a spate of shootings in response to unreasonable threats, including those of Ralph Yarl, Kaylin Gillis and two Texas cheerleaders.
