Margate man says he killed his mother by accident while standing his ground against his father
A Margate man accused of shooting his mother to death in late 2019 is asking a Broward judge to dismiss his manslaughter charge because he pulled the trigger in self-defense — during a fight with his father.
It’s an unusual application of the state’s Stand Your Ground law because Alexander DelToro Jr. is claiming he was defending himself from someone other than the person he killed.
“This kid loved his mother more than anything,” said DelToro’s lawyer, Ron Baum. “The last thing he wanted to do was kill anyone, much less her, on his birthday.”
Assistant State Attorney Tom Hand played a recording of the statement DelToro made about what happened on Dec. 14, 2019. DelToro told police he was driving home from a 28th birthday outing with his parents when he accidentally struck his father with his elbow.
That escalated into an argument that continued as the trio went home to the 200 block of Southwest 36th Terrace in Margate. There, the conflict became physical, and DelToro lost his glasses in the struggle.
“You recall [DelToro] senior telling junior that in his younger years he would have knocked him out?” Baum asked Margate Police Sgt. Sean Cobban, who questioned DelToro Jr. in the recording.
“Yes,” Cobban said.
Baum is arguing that his client went for a gun to protect himself against his father, but he never intended to fire the weapon. His mother tried to break up the fight and was fatally wounded when the gun went off.
Baum also asked repeatedly whether police found another weapon at the DelToro home. Cobban answered no.
DelToro Jr., now 32, did not testify — during Thursday’s hearing, which is scheduled to continue Friday afternoon in front of Broward Circuit Judge Edward Merrigan.
Rafael Olmeda can be reached at rolmeda@sunsentinel.com or 954-356-4457.