South Beach Stabbing Raises Issue of Self-Defense

March 20, 2009
By Musca Law on March 20, 2009 7:17 PM |

Last May, Nadim Yaquibe, who was 19, traveled to South Beach and stayed at the Ocean Breeze Hotel. The teen was alone and, apparently believing both that "Washington Avenue had a lot of crime" and "Miami people were rude," brought along a sharp knife in a paper sleeve. Yaquibe had previously worked for Cutco, a knife company.

What happened while Yaquibe was in South Beach remains a mystery. He drew the attention of law enforcement officials when he was searched by bouncers at the nightclub Mansion, who thought his behavior was strange. The bouncers found a seven-inch Cutco knife with blood on it. In explanation, Yaquibe told them that he "took care of some mugger" the previous night.

In reality, the story is more complicated. Yaquibe has been charged with the first-degree murder. Yaquibe says that after a visit to the beach and lunch on his first day in Miami, he was approached by men who possibly sought to scam him out of money. They offered him drugs and the ID of someone older. Underaged but in the area to party, Yaquibe agreed to purchase the ID for $60, but declined the drugs. After visiting an ATM to secure the cash, the transaction was complete - at least until Yaquibe says he was approached moments later by the man to whom the ID belonged, Robert Camacho, a 50-year-old homeless man. Yaquibe refused to return the ID and after a brief altercation, Camacho began following Yaquibe, according to Yaquibe's criminal defense attorney. Eventually, Yaquibe pulled out the knife and stabbed the homeless man when he swung his gym bag at Yaquibe. The defendant says he believed Camacho to be armed, because it would not have made sense for him to continue the altercation once he became aware of Yaquibe's knife. Camacho died from his wounds at a local hospital and there were no real witnesses to the event. Yaquibe did not contact authorities.

The Miami criminal lawyers at Musca Law note that the 2005 change to Florida law eliminates the requirement of retreat. If Yaquibe was attacked, he could rightfully meet force with force, and would have had no duty to run from the homeless man. The prosecution has argued, however, the Yaquibe could have put an end to the situation just by returning Camacho's expired driver's license and that his behavior amounts to murder.