Young Dad Murdered Trying to Save Woman from Jealous Boyfriend

what is the definition of self-defense I'm not going to sit here and but and go over I'm I'm just saying it's law and at risk of but so like I'm I'm well I'm just sitting here thinking about this I know you guys are out there doing your job okay but you know these men who I do not know I've never seen came to my you know my father's house to hurt me that's that was why they came and and I just you know how do you know that's why they came for decades Jacksonville has been dubbed the murder capital of Florida the Jacksonville Sheriff's Office says that's now changing but some families still find themselves in the crossfire of the violence that has plagued Jacksonville since the early 2000s as of September 10th 20 2024 data from the JSO shows there have been 42 murders in Jacksonville compared to the 76 murders exactly one year prior overall homicide has been on the decline since 2022 even still that's no small number of murders in one city especially when you consider how many people are affected 42 families just this year have lost a loved one to a murder in Jacksonville belonging to one of those families was 30 year old Austin Fitzgerald a Keystone Heights native who relocated to the much larger city of Jacksonville in 2021 he was a brother a son a musician and a first-time father to a young boy in the early hours of January 21st 2024 less than a month into the new year Fitzgerald was gunned down outside of a home on River Road in the San Marco neighborhood the shooting allegedly took place during an altercation involving a woman several people witnessed the shooting including another man who was with Fitzgerald a woman at the center of it all and a neighbor who was just trying to help a call to 9-1-1 was made around 1:30 a.m. the JSO along with Jacksonville Fire and Rescue responded to the call and quickly arrived at the scene they rushed Fitzgerald to a local hospital and took the witnesses into custody including the gunman 36-year-old Luis Eduardo Rosas Rosas is associated with multiple residences including a hospital in San Francisco and one in San Francisco and a home in Neptune Beach that night he was staying at his father's home on River Road officers placed Rosas in a police cruiser where he waited for five hours to be brought to the sheriff's office for questioning there in a cold interrogation room a nervous and uncertain Rosas waited three hours for detectives to begin questioning him but he had some questions too like should he even speak to detectives at all yeah I know this has been a rough night for you I'm sorry that you're having to go through all this we're gonna try to make this as simple and streamless as possible okay I have a few questions before you know you get started I've spoken with the detective who was kind enough to bring me this blanket but you know I'm sorry that you're having to go through all this we're going to try to make this as simple and first of all I'm terrified saying well I feel horrible this portion and and you know third of all I don't know what is the best route for me as far as like secret counsel or just speaking with you here's at least one second I'm sorry I don't mean to interrupt you but like I'm thinking about this just because like one of the witnesses I don't know those other two men at all one I know my neighbor ran over he didn't really see what happened I don't trust anything that she told me she was black up staying at her aunt's house for a baby shower the next day and you know these are the kind of things so like I don't know who you've talked to or like what they've said or you know right how that would go against me and like my and you know what actually happened and and so I get it what ended up happening is I went to my dad's house just to watch the Packers game I was just chilling by myself which was about Packers game was that way it ended at like nine something or ten something that was this that was the second game and that started at like 8:15 I think maybe maybe around 10:45 it ended so much so what time did you go to your dad's house way before that probably around like I don't have my phone I probably around like six okay where do you typically reside typically I reside either I it's gonna sound funny but usually I have a place it's it's an Atlantic Beach but I kind of sub that sublet that out to my friend and and then an extra source of income kind of thing yeah and you know I have some stuff there um and then I stay in my dad's house maybe twice a week it depends he's when my my mom passed away in 2021 and since yeah and since there since she's passed he's he's just he retired and he's a retired physician he's just constantly gone he's been in Colorado for five weeks or something um and so yeah it's like I've talked I told you know before all this she's like yeah I'm going to Palatka to stay with my aunt and so I called her after the Packers game just to say hey good night right up in the girl picks up the phone and I'm like who the hell is this and she I I did I was like because I know her aunt I went to court when was it two days ago three days ago because she had a no contact order put on her ex husband no no and I went to support her there as a witness and I met her aunt and uncle who were you know and anyways I knew it wasn't her I was like who is this and she said I want to talk to you we're in Riverside I was like Riverside okay five points so I go to five points was not drinking like sober and you know it's like kind of gay part of town um so I walked into there one one or two bars just looking for her she's pretty outstanding so just you know I was like just looking for her and I went to one other one I was like I couldn't I couldn't find her I knew I was in the wrong area but I ended eventually she picked up the phone I guess her friend she said that her friend had her phone the whole night and that's why she wasn't answering okay it seems like Roses involvement in the shooting all began with a woman perhaps a woman who wasn't all that interested in him according to his story they communicated through text and phone calls that evening she told Roses she was staying with a family member for the night but on one call it became clear that perhaps that wasn't the case the woman's friend allegedly took her phone and told Roses she didn't want to talk to him it was then that Roses was looking for her he drove to five points a popular neighborhood in Riverside's historic district located just across the river from downtown Jacksonville five points is a bustling area full of shops restaurants and restaurants and I was like I want to talk to her restaurants and a busy nightlife scene. After popping into a few bars to look for the woman, Rosas realized he must have been in the wrong place, but then the woman finally answered one of his calls, and she asked him to pick her up. And then she told me to pick her up at Burger King, which is right by. The Five Points Burger King? It's closer to European Street, like I think it's on King Street, I don't know where it is. You know what I'm talking about? Yeah, Kings and College. And so they were at those little bars right there. She was walking by herself, got in my truck, wasted, just wasted. And I was like, what the hell? And in my truck, driving back to San Marco, she starts talking about her second boyfriend and all this stuff, and she's sitting there like texting this guy trying to make me jealous because something happened with a girl. About what time do you think you picked her up? Fall Park. Midnight, maybe-ish. I'd have to see my phone, to be honest. I'd have to look at that. I don't expect you to know the exact time, just so I can have a time frame. Yeah. And so then we get back to my house, and we weren't there for very long. And I've never seen these men in my life. And I've been carrying a gun since I was 23, 24. It was licensed in Colorado. It was, you know, they recognize that here in the state of Florida. I've been hunting my whole life. Great gun safety, not a lunatic whatsoever. If Luis Rosas isn't a lunatic, as he says, why did he shoot a man outside his father's home that night? Our team at Law & Crime used Truthfinder to see if Rosas has ever been in trouble with the law before, and to verify his claim that he usually practices great gun safety. On Truthfinder.com, we typed in, Luis Rosas' name, age, and city of residence. In under a minute, our paid subscription service gave us access to personal and contact information, including the address of his father's home where the shooting took place. In addition to his address history, we also found information like possible business affiliations and criminal records, his Colorado gun license, didn't appear, but neither did any gun-related charges. Judging from the public reports available with Truthfinder.com, Rosas seems to be telling the truth. Before January 2024, his name wasn't tied to any violent or weapons-related charges. Unlimited reports with this kind of information and more are available in minutes to anyone with a paid subscription. Law and Crime partners with Truthfinder so our writers and reporters can research cases and reveal real information about suspects like Luis Rosas. But even if you don't work in true crime, Truthfinder.com can give you peace of mind when you do these unlimited public record searches for the people around you. Search for sex offenders in your area, find out if your neighbor has any charges related to the weapon in his holster, and learn about the people in your life when you search their name on Truthfinder.com and they'll never know you looked. If you're watching this episode of Law and Crime Interrogations, you can get 50% off your first month of confidential background reports at truthfinder.com/lcinterrogations. The link is in the description. And see, I don't even know if I'm saying too much. Is this all being recorded right now? Yeah, that's all recorded in these rooms, but you're not, I mean, you're just telling us the story of what we asked. And, um, and so, yeah, so then, uh, I, I'm like, I opened the front door to see what the noise is outside. These guys come booming and this guy's big. One of the guys is big, one of the guys is smaller, and he's like coming at me. If it's true that the men were threatening or potentially dangerous to Rosas when they entered the home on River Road where he was staying, Florida's strict Stand Your Ground law might apply. The Stand Your Ground law basically states that as long as a person has the right to be where they are and is not engaging in any criminal activity, they aren't required to retreat before threatening or using deadly force against a perceived threat. In other words, if Rosas believed the two men were threatening to the two men were entering his home with intentions to take his life or cause great harm to him, he might have been within his legal right to shoot. Investigators just need more information to get to the bottom of why Austin Fitzgerald was shot that January night. So, I don't know, they were both calling me all sorts of names and whatever. Um, and, um, they were leaving, uh, and they were wasted. These guys were acting crazy. They were clearly wasted and they were driving and they parked right where you couldn't see where the car like from the window. And so it was like some white SUV. I don't, I don't remember. And, um, and so it was out with them and I'm in the car with those guys, like they're wasted, just come back inside. Like the, and the guy runs at me again, the, and, and, and that, you know, I told him to stop and, um, he didn't, and he was gonna, he was, I don't, I didn't know whether he was gonna stab me or hurt me or kill me. I didn't know. And I don't really wanna say anything else. And I don't know what I'm so confused. Presumably it was Austin Fitzgerald, the victim who Rose said came at him. Social media posts made by his loved ones, paint him as kind and thoughtful, a family man, even in his own posts, Austin comes off as a good guy. He seemed to admire the mother of his child. And adore the son. They shared his obituary describes him as a simple, fun loving man who enjoyed playing guitar and was proud of his new role as a father online. At least he doesn't seem at all like the belligerent threatening man who Rose described to investigators, but to every man, there's more than meets the eye. Austin Fitzgerald had a criminal history in two counties in 2022, an altercation that turned physical between Fitzgerald and his romantic partner at the time led to an arrest in Jacksonville. The argument allegedly started over the safety of the couple's child and resulted in both parties walking away with physical injuries. In the report, the officer wrote that he couldn't determine who the initial aggressor was. Fitzgerald was originally charged with battery, though the offense was ultimately reduced to fighting. Fitzgerald and the woman involved both declined to file domestic violence paperwork or allow authorities to photograph their injuries. Our interest was peaked, so we signed back into truthfinder.com to see what other public records might be available for Austin Fitzgerald. There we noticed several records from Clay County where Fitzgerald grew up. Dated nearly a decade before his recent arrest, the Clay County records show some more common traffic-related charges and a history of grand theft. An arrest report states that years before his move to Jacksonville, Fitzgerald allegedly stole a firearm, a knife, and some prescription pills from a family member's home. Then he left the residence altogether. But there's nothing that shows any violent intent behind having the weapons, and he ultimately called the police department to turn himself in. Fitzgerald has no violent charges out of Clay County. Nevertheless, knowing more about Fitzgerald's criminal history adds context to Rosa's story, and perhaps the version of Fitzgerald he describes encountering that night. So you went out to the Riverside area. I was at Five Points. You went to the Five Points area? Yeah, they weren't at the Five Points area, they were in the other area. Yeah, King Street. Okay. And then that's finally when I picked up the phone, and she was like, "Come pick me up, it's freezing." And I believe she said something like, "I left because these guys are just trying to or something." I was like, "What guys? What are you?" You know, and that was. Well, so back up just a little bit. Again, I'm trying to get the timeline. So from the time. What time do you think you left your house to try to meet up with her in Five Points? Maybe like 11:15-ish? Like not that late. So 11:15. Because it wasn't that long. I was probably walking around for like 45 minutes before I finally got a hold of her, and then she came, and I picked her up, and she came back to my house, and then it was very quickly after that that those men showed up. Okay. So you go, and you pick her up, and you drive. Did you drive straight to your house? I just drove to River Road. But you guys didn't like stop and get food or anything on the road? No, no, no. You drove straight to your house. Yeah. Has she been to that house before? Yes. Okay. Did you guys have any kind of conversation in the car? Yeah, I was like, "Who are these guys you're talking to?" You know, and she was really drunk, and she even. She like opened the door of my truck while it was moving at one point, and she's like, "Just drop me off." And I was like, "No, just like relax." And yeah, and then the guy kept calling her, and she was like, "I'm, you know, with him." And I think. But you had no idea who that guy was? I had no idea who this person was. Has she ever mentioned having this second boyfriend or anything before tonight? Never. Never, not once. So this is the first you've ever heard of this dude? Anything like that? Ever. First time I've ever seen him, first time I've ever heard his name, first time. I don't even remember his. It starts with a B or something, and the other guy, I'd never seen either one of them in my life. When I opened the front door, I was scared to death. I thought somebody was like trying to rob my house at first, and then I realized, because he was like crazy and was like trying to stop him, that like that must have been who they were hanging out with. And like, and he kept coming at me. I'm inside my dad's house. I didn't. My mom passed away in like the room right next to us. I did not want to do anything, and I didn't. I did not want to do anything. And so, I wanted them out of my house. Rosas told detectives that before Fitzgerald and the other man arrived at his father's home, the woman at the center of it all was in the bathroom, texting. Rosas guessed that Fitzgerald was in the bathroom. She guessed she was talking to the men with whom she had just parted ways. Rosas was confused, wondering why she would be texting them when she was at his house. I had no idea. So they burst in. Describe burst in. What do you mean by that? Burst in, like, I opened the door, like, the guy's like coming at me, like, you know, like, the guy was going to try to cause physical harm to me. How do you know that? That was because he said it, first of all. What did he say? I want to know, genuinely, like, what did he say? You're a. I'm going to beat you. There's something along those lines. I don't know. I was pretty scared. Okay. At the time. And then, you know, I was like, get out of my house, you know, get out, and I think she ran out to, like, say sorry or something like that. But I was, like, making sure she wasn't getting in a car with these, like, impaired crazy people. And, dude, yeah, that's, I don't know. So she ran, did she run out while they were still. They were walking, I don't even know whose car that was. That could have been, I don't know if that's your car. I don't know whose car it was. Were they actually. In your house? Yes. Okay, so they walked in your house. Did she run outside before or after they got inside? After. Okay, so they come inside, and then she runs out. Were they still inside when she left, or were they leaving? When she left? when she ran out when she ran up no no they she ran she didn't run out she walked okay and they were going back to their car and she was like saying something to them and I was along the lines I was like please don't get in the car and I and you know that they got they're both sitting there still being super aggro towards me and they didn't even know who I was like well I think that they met that night to be honest so you know I met and okay so I'm gonna let somebody like you know sure somebody well not only that but you know I'm just not gonna let somebody like hurt me or you know you know what I mean like I have no idea what that guy's capable of doing first of all feared for my life when they first bursted through the door and then the second time and then my I don't know what mine if my neighbor saw anything or what do you what he did but I know he ran over right away yeah and so when he when he came you said you you got to go with them and then then what what did what which guy was it that I don't know they're taught the big tall guy okay big tall guy what did he do he's physically like coming at me like coming at like like like well what work I used to describe it starts with an a I know that to describe it starts with an a I know that to describe it starts with an a I know that advancing okay aggressively advancing advancing okay aggressively advancing advancing okay aggressively advancing towards towards me can you elaborate on towards towards me can you elaborate on towards towards me can you elaborate on it like and that's important yeah like a it like and that's important yeah like a it like and that's important yeah like a picture of what's happening the guy was picture of what's happening the guy was picture of what's happening the guy was gonna the guy was gonna be my and he gonna the guy was gonna be my and he gonna the guy was gonna be my and he holding him back this time the detective holding him back this time the detective holding him back this time the detective pressed Roses on whether there was any pressed Roses on whether there was any pressed Roses on whether there was any conversation that took place between him conversation that took place between him conversation that took place between him and the men on the sidewalk he claimed and the men on the sidewalk he claimed and the men on the sidewalk he claimed he told the men to stop other than that he told the men to stop other than that he told the men to stop other than that Roses indicated Fitzgerald's allegedly Roses indicated Fitzgerald's allegedly Roses indicated Fitzgerald's allegedly aggressive behavior was totally aggressive behavior was totally aggressive behavior was totally unprovoked did you end up shooting him unprovoked did you end up shooting him unprovoked did you end up shooting him oh I don't so I'm being dead at oh I don't so I'm being dead at oh I don't so I'm being dead at honest video I just you know I don't know honest video I just you know I don't know honest video I just you know I don't know what that's everything that happened what that's everything that happened what that's everything that happened after Roses asked for a lawyer he waited after Roses asked for a lawyer he waited after Roses asked for a lawyer he waited another hour for detectives to return to another hour for detectives to return to another hour for detectives to return to the interrogation room okay so the interrogation room okay so the interrogation room okay so if you're willing to speak with me then I if you're willing to speak with me then I if you're willing to speak with me then I obviously want to hear what you have to obviously want to hear what you have to obviously want to hear what you have to say and I want to talk to you you know say and I want to talk to you you know say and I want to talk to you you know right I'm gonna go over your rights right I'm gonna go over your rights right I'm gonna go over your rights again with you okay and I need you to again with you okay and I need you to again with you okay and I need you to basically tell me that you're willing to basically tell me that you're willing to basically tell me that you're willing to speak with me without your attorney speak with me without your attorney speak with me without your attorney being present that's something that you being present that's something that you being present that's something that you know it's the 21st of January 2024 it's know it's the 21st of January 2024 it's know it's the 21st of January 2024 it's now on 12:45 now on 12:45 now on 12:45 I'm so exhausted it's hard to even I'm so exhausted it's hard to even I'm so exhausted it's hard to even think Rosas agreed to speak again with think Rosas agreed to speak again with think Rosas agreed to speak again with detectives but it seemed like he was detectives but it seemed like he was detectives but it seemed like he was looking for some advice on how to move looking for some advice on how to move looking for some advice on how to move forward rather than wanting to share more forward rather than wanting to share more forward rather than wanting to share more information what is the definition information what is the definition information what is the definition of self-defense I'm not gonna sit here and of self-defense I'm not gonna sit here and of self-defense I'm not gonna sit here and but and go over I'm just saying it's but and go over I'm just saying it's but and go over I'm just saying it's law and that risk of but so like I'm law and that risk of but so like I'm law and that risk of but so like I'm I'm well I'm just sitting here thinking I'm well I'm just sitting here thinking I'm well I'm just sitting here thinking about this I know you guys are out about this I know you guys are out about this I know you guys are out there doing your job okay but you know there doing your job okay but you know there doing your job okay but you know these men who I do not know I've never these men who I do not know I've never these men who I do not know I've never seen came to my you know my father's seen came to my you know my father's seen came to my you know my father's house to hurt me that's that was why house to hurt me that's that was why house to hurt me that's that was why they came and then I just you know how they came and then I just you know how they came and then I just you know how do you know that's why they came cuz do you know that's why they came cuz do you know that's why they came cuz that's what they they were you're that's what they they were you're that's what they they were you're trying to beat me up how do you know trying to beat me up how do you know trying to beat me up how do you know that cuz that's what they said they were that cuz that's what they said they were that cuz that's what they said they were doing I was like yeah my when I said to doing I was like yeah my when I said to doing I was like yeah my when I said to get out of my house you know they're get out of my house you know they're get out of my house you know they're like you they put that down they can like you they put that down they can like you they put that down they can kick your that's what we're trying to kick your that's what we're trying to kick your that's what we're trying to clarify yeah like all that kind of stuff clarify yeah like all that kind of stuff clarify yeah like all that kind of stuff I don't remember everything and this is I don't remember everything and this is I don't remember everything and this is where I and I just want that's why I where I and I just want that's why I where I and I just want that's why I wanted to talk to you like honesty from wanted to talk to you like honesty from wanted to talk to you like honesty from you guys it's like is it better to like you guys it's like is it better to like you guys it's like is it better to like talk to a lawyer about this so they can talk to a lawyer about this so they can talk to a lawyer about this so they can again we can't give you legal advice again we can't give you legal advice again we can't give you legal advice like that because I don't can't sway like that because I don't can't sway like that because I don't can't sway your decision one way or another I don't your decision one way or another I don't your decision one way or another I don't know but I'm saying I can give you know but I'm saying I can give you know but I'm saying I can give you your rights and that's it and you have to your rights and that's it and you have to your rights and that's it and you have to make a decision on your own I can't I make a decision on your own I can't I make a decision on your own I can't I can't give you any advice on that and as can't give you any advice on that and as can't give you any advice on that and as and I just have some questions right and I just have some questions right and I just have some questions right now what's what's the verdict what's now what's what's the verdict what's now what's what's the verdict what's going on with me and right now this is going on with me and right now this is going on with me and right now this is more Rosas answered many of the same more Rosas answered many of the same more Rosas answered many of the same questions pertaining to when and how the questions pertaining to when and how the questions pertaining to when and how the men showed up at his door how he carried men showed up at his door how he carried men showed up at his door how he carried his gun what happened once the men his gun what happened once the men his gun what happened once the men exited the home Rosas claimed he did not exited the home Rosas claimed he did not exited the home Rosas claimed he did not point the gun at the men when he opened point the gun at the men when he opened point the gun at the men when he opened the door but he did have the gun on him the door but he did have the gun on him the door but he did have the gun on him he retold the story of the verbal he retold the story of the verbal he retold the story of the verbal assaults the men allegedly threw at him assaults the men allegedly threw at him assaults the men allegedly threw at him and the way he said Fitzgerald charged at and the way he said Fitzgerald charged at and the way he said Fitzgerald charged at him but he also added a new detail to him but he also added a new detail to him but he also added a new detail to his story while the woman was on the his story while the woman was on the his story while the woman was on the phone with the other men Rosas admitted phone with the other men Rosas admitted phone with the other men Rosas admitted to sharing his address with them though to sharing his address with them though to sharing his address with them though he said he didn't imagine they would he said he didn't imagine they would he said he didn't imagine they would actually show up actually show up actually show up then detectives asked about his then detectives asked about his then detectives asked about his relationship with the woman at the relationship with the woman at the relationship with the woman at the center of the altercation that night center of the altercation that night center of the altercation that night Rosas learned that the woman told Rosas learned that the woman told Rosas learned that the woman told detectives she'd been trying to get away detectives she'd been trying to get away detectives she'd been trying to get away from him for some time but Rosas tells from him for some time but Rosas tells from him for some time but Rosas tells a completely different story about their a completely different story about their a completely different story about their son I don't give a but I remember son I don't give a but I remember son I don't give a but I remember having that streak in me and if I'm having that streak in me and if I'm having that streak in me and if I'm sitting there with a girl who I've been sitting there with a girl who I've been sitting there with a girl who I've been dating for a foot six months and all of dating for a foot six months and all of dating for a foot six months and all of a sudden she's texting some other dude a sudden she's texting some other dude a sudden she's texting some other dude to come get her it's gotta me off to come get her it's gotta me off to come get her it's gotta me off now what happens with what I do with now what happens with what I do with now what happens with what I do with anger is you know different but it anger is you know different but it anger is you know different but it totally stands to reason that you were totally stands to reason that you were totally stands to reason that you were off then these guys show up at your off then these guys show up at your off then these guys show up at your house and you even challenge them when house and you even challenge them when house and you even challenge them when you're on the phone provide them an you're on the phone provide them an you're on the phone provide them an address and say you have a gun or address and say you have a gun or address and say you have a gun or whatever your text about handling things whatever your text about handling things whatever your text about handling things meaning whatever I can I don't know I meaning whatever I can I don't know I meaning whatever I can I don't know I can't ever think about that text but you can't ever think about that text but you can't ever think about that text but you know we talked about that a minute ago know we talked about that a minute ago know we talked about that a minute ago so you get the point he's getting at yes so you get the point he's getting at yes so you get the point he's getting at yes we understand your yeah angry yeah and we understand your yeah angry yeah and we understand your yeah angry yeah and then these guys show up yeah that's then these guys show up yeah that's then these guys show up yeah that's never yeah yeah it was scary it's true I never yeah yeah it was scary it's true I never yeah yeah it was scary it's true I didn't think that they were gonna show didn't think that they were gonna show didn't think that they were gonna show up to my house to my house especially at up to my house to my house especially at up to my house to my house especially at that time I did not think that that was that time I did not think that that was that time I did not think that that was gonna happen I thought it was just water gonna happen I thought it was just water gonna happen I thought it was just water under the bridge and yeah but to say under the bridge and yeah but to say under the bridge and yeah but to say that you didn't know that she was that you didn't know that she was that you didn't know that she was leaving with them you know both of us leaving with them you know both of us leaving with them you know both of us they showed up and once they were there they showed up and once they were there they showed up and once they were there they came to get her and you knew she was they came to get her and you knew she was they came to get her and you knew she was leaving with them you did not want her leaving with them you did not want her leaving with them you did not want her to leave I and you watched her leave with to leave I and you watched her leave with to leave I and you watched her leave with them you watched her exit your house them you watched her exit your house them you watched her exit your house walk down your driveway and go to get in walk down your driveway and go to get in walk down your driveway and go to get in that car okay and I'm sure that seeing that car okay and I'm sure that seeing that car okay and I'm sure that seeing that probably tore you up it would tear that probably tore you up it would tear me up to and i get it that's that's not what that's not what i that that's not what i saw that's not what i saw happening i saw her walking outside talking to those guys and i'm telling her to get into the car but i had no idea that that was really her intention was to leave me with them that is not why would you tell her don't get in the car because i didn't because i heard the guy that was not a real fear of yours that she was going to get in the car that that happened that happened quickly once i heard him saying get in on that side or something i was like don't go with them you know uh but that was you know that wasn't that i did not think she was leaving with that interaction take three four seconds and that's like i that's one of the reasons i walked outside is because i was i was wondering what she was doing i didn't think she was like going to leave with them like i was like is she talking to them or like trying to trying to smooth things over what's going on she stood out there you know they waited for me to walk up to the to you know and you know what happened after he was shot um i i ran and and then my neighbor came over okay so you ran inside got your cell phone he came back yes and what'd you do from there um prayed that he'd be okay and um did you call anybody else no i don't believe so i might i might have accident no i quote we know from the witnesses that are completely independent of this whole situation that you called somebody else i would have to look at my phone i don't i call i've wrapped I would have to look at my phone for that. I'm dead serious. I went and grabbed my phone. I dialed in the. Do you have any questions for us right now? Yeah, what's going on? I'm going to come back in a few minutes and kind of go over the last little steps of this with you. I just need to honestly go confer with my supervisor and all that. When the detective came back into the room, some of Rosé's questions were finally answered. But they weren't the answers he was expecting. Do you know what I'm going to do? Make a phone call? Yes, so here's the process. Obviously, we've been consulting with the state attorney. It's gone up to the highest level. And you are being arrested today. Okay? I know that you have a defense. I know that you have a defense of what you have. But as far as the process goes, when we go next door, you get booked in and then you have access to a phone. So it may be a few hours. What am I being arrested for? Second-degree murder. Yes, sir. And how will I make phone calls from the jail phone? Your first phone call, if I understand correctly, is free. And do you have phone numbers, family? I know my dad's in Colorado. I know my brother's. So if actually your brother was by the house and I'll talk to him and I got a number for your dad to give him a call. Yes, sir. What is that? What is that? What am I facing? What is that? I don't know what the minimum mandatory is, but I'll tell you. I'll look into it and I'll tell you when I get back. Yeah. I'll be back. I feel like you're going to get sick. Thank you. Can I talk to you for a second? In Florida, the minimum sentence for a conviction of second-degree murder with a firearm is 25 years. Rosas hired decorated attorney Henry Hank Cox to represent him in court. Just a few days after his arrest, Rosas enters a plea of not guilty to the second-degree murder charge pressed against him. By filing the plea, he waived his right to attend the arraignment. Austin Fitzgerald's mother wrote a letter to the judge assigned to the case, Judge Mark Borrello. In the letter, she asked that Rosas be required to attend all hearings. Then, in May, Rosas waived his right to a speedy trial. Waiving a speedy trial can benefit a defense team by giving them more time to prepare. However, that extra time can also help the prosecution's case. Since then, possible new evidence has been made public. In July, a discovery exhibit from the state revealed a text that Rosas allegedly sent the night of the shooting. Part of the message reads, I hate you. If I see you up there with other men, start praying for them now. It continues. You're such a POS. Out at the bar with scumbag dudes talking to me. Another discovery exhibit from September 5th suggests the existence of a shooting video. The document states the defendant can be heard on the alleged video saying, think I got him, think he's dead, that's what happens. Luis Rosas' next pretrial date is scheduled for October 3rd, 2024. Thank you.