Victor Luis and his brother had been drinking heavily at Spinnaker's Bar in North Miami Beach back in 2012. Though, when Luis, 49, found out that his brother had gone to Gulfstream Park earlier in the day and didn't invite him the two started shoving each other around. Luis eventually pushed his brother and sent him falling back into the concrete of an alleyway behind the bar. He lost consciousness and died 15 days later.
Now prosecutors have agreed to drop manslaughter charges against Luis and deemed the incident an excusable homicide.
According to the Miami Herald, Victor was upset that his brother Juan was treating him like a little kid, and even at one point picked his brother up and started carrying him around. A friend told police that the drunk brothers were arguing in Spanish-language gibberish throughout the fight. When Juan eventually got up in Victor's face, Victor pushed him.
When Juan didn't get up Victor started yelling for someone to call 911 and asked for ice and water for his brother.
Brain swelling however caused Juan to die two weeks later.
Now, more than a year and a half later, prosecutors have agreed to a rare situation to classify the death as an excusable homicide.
"Certainly, Mr. Luis never intended to kill or seriously injure his older brother," defense lawyer, Rick Hermida told the Herald. "Sometimes, accidents happen and horseplay escalates. And that was the case here."
Prosecutors agreed with the Defense's motion and haven ow dropped the case.
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