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Clermont man accused of killing victim staying at his home

Kirby Smith was arrested Saturday

CLERMONT, Fla. – Clermont police arrested a man over the weekend in connection with a deadly shooting that happened nearly a month ago.

Kirby Alan Smith is facing a charge of first-degree murder in the death of Michael Rodriguez, who police say had been staying at Smith’s home on Linton Court for several weeks before the shooting.

Officers were called to the home on May 20 and found Rodriguez suffering from multiple gunshot wounds. He was pronounced dead at the scene.

According to investigators, Smith called 911 and acknowledged shooting Rodriguez, but claimed he acted in self-defense after the two men got into an argument earlier in the day.

Police said they initially did not have enough evidence to disprove Smith’s account and released him while detectives continued investigating.

Over the next several weeks, detectives conducted numerous interviews, executed search warrants and issued subpoenas before seeking a first-degree murder warrant.

Speaking Monday, Clermont police said the case was complicated by the fact that there were no eyewitnesses to the shooting.

“There were no witnesses to the incident,” said Captain Malcom Draper with the Clermont Police Department, adding that the lack of eyewitnesses made the case more difficult.

Police said the investigation revealed what appeared to be an ongoing argument between the two men throughout the day, though they declined to discuss the specific evidence that led them to conclude the shooting was premeditated.

“We had to determine whether it was justified or not justified, or criminal or not criminal,” said Draper.

Investigators said Smith never denied shooting Rodriguez. According to police, his initial call to dispatch included the statement, “I shot my friend.”

Authorities said the case required weeks of investigative work before detectives believed they had enough evidence to establish probable cause for a first-degree murder charge.

Police also defended the decision to use the Mid-Florida SWAT Team during Smith’s arrest.

“It’s the same side of this as somebody that admitted to committing a murder,” a spokesman said. “We owe it to the public, to the people involved and to the suspect, as well as to our officers, just to use as much precaution as we possibly can.”

Neighbor Duke Nguyen, whose girlfriend lives next door to the home where the shooting happened, said residents were surprised when law enforcement returned to the neighborhood over the weekend.

“We thought it was over with, but I guess things had to pan out a certain way,” Nguyen said.

He said neighbors are hoping life on the street can eventually return to normal.

“We just want the neighborhood to get back to normal again,” Muien said.

Smith is being held without bond in the Lake County Jail.


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