Tavernier – A Miami man with a small caliber handgun in his pocket accidentally shot himself in the leg Tuesday morning.
44 year old Rafael Ubeda was in line for breakfast at McDonalds Restaurant in Tavernier. He has a concealed weapons permit issued by the State of Florida and was carrying a .22 caliber Derringer handgun in his coat pocket. He told Detective Mike Wilkinson his hands were cold and when he put them in his pockets, he must have hit the trigger and the gun fired.
He said no one in line with him reacted, but the manager of the restaurant asked him to leave, so he did. The manager then followed Ubeda out to the parking lot, got a description of his vehicle, and reported the incident to the Sheriff’s Office.
Lt. Mitch Horn and Capt. Don Fanelli stopped the car about six miles south. Detective Mike Wilkinson responded and was interviewing Ubeda when he noticed blood on the man’s pants leg. He pointed this out to Ubeda, who was not aware of the fact that he’d shot himself in the leg.
Paramedics responded and transported him to Mariner’s Hospital, where he was treated for his injury. Ubeda will not be charged in connection with the accidental discharge of his firearm because Florida State Statute specifically requires the discharge of a firearm to be done “knowingly” in order for it to result in an arrest.