Local 10 News asked longtime prosecutor turned defense attorney Ken Padowitz to review the case.
“So I would say that this man committed a crime, but there is a necessity defense and there’s not a likelihood of conviction because it appears he did not have the intent to commit a crime, he had the intent to help people,” Padowitz said.
BROWARD COUNTY, Fla. — A man is seen on surveillance video picking up a concrete paver and repeatedly throwing it at a rear door of a nonprofit in West Park.
The hurricane impact glass holds. He never makes it inside.
For the building’s owner, the video speaks for itself.
“I see burglary,” said Angine Moss.
“It looked like a vengeance, like anger,” she said.
“He damaged my building.”
Moss owns the building at the corner of Pembroke Road and Southwest 56th Avenue. It houses Hosanna 4 Youth, a nonprofit that supports children and families impacted by incest, sexual abuse, human trafficking, and domestic violence.
A month after the incident, the damage is still visible.
“That’s not fair,” Moss said.
“No vandalism, no burglary, and no reparations for my door.”
“That’s going to be like $2,500 bucks as a nonprofit to come up with that. Literally the police department is telling me you got to eat it.” Moss added.
The man seen in the video was identified as 34 year old Travis Small. He was questioned by the Broward Sheriff’s Office, but no charges were filed. The case was labeled unfounded.
Moss said a detective told her the decision was based on a law allowing someone to break in if they were trying to save a life.
“We will not prosecute because of some state statute that says, if someone is trying to save a life, they have a right to enter your building,” Moss said.
But when Local 10 News obtained the police report, it did not reference any such law.
Instead, deputies say Small had witnessed a serious crash nearby involving a vehicle fire and people trapped inside. According to investigators, Small said he was trying to get into the building to find a fire extinguisher to help.
Deputies determined his intent was not criminal, and the case was classified as unfounded, meaning they concluded no crime occurred.
In the video, sirens can be heard in the background as Small continues throwing the paver at the door indicating help was already arriving.
Moss says there is no way anyone would know if there was a fire extinguisher in her building from the outside.
Local 10 News asked longtime prosecutor turned defense attorney Ken Padowitz to review the case.
“So I would say that this man committed a crime, but there is a necessity defense and there’s not a likelihood of conviction because it appears he did not have the intent to commit a crime, he had the intent to help people,” Padowitz said.
Padowitz said the case largely comes down to intent, which he described as what a person meant to do at the time of their actions.
According to Padowitz, even if someone’s actions look like a crime, investigators must consider whether the person intended to commit a crime or believed they were acting to prevent harm.
“Police officers can use their discretion and recognize even though maybe a crime was committed, that this person did not have the intent to commit a crime,” he said.
He said that distinction can determine whether a case moves forward.
“There’s not a likelihood of conviction, and the state attorney’s office would not have charged this individual with a crime,” he said.
Padowitz also said there is no Florida law that automatically allows someone to break into a building, even if they claim they were trying to save a life.
As for the sirens heard in the video, Padowitz said that is a factor investigators would consider, but not the only one.
“I think all the facts matter and I think the fact that there’s sirens in the background definitely is a factor to be considered,” he said.
Records show that less than a month after this incident, Small was arrested in a separate case nearby and charged with burglary and grand theft for allegedly stealing equipment from a construction site. Court records also show prior petty theft charges.
Those cases are not connected to this incident.
For Moss, the outcome is still hard to accept.
“I do feel like the victim,” she said.
“I do a lot out here in the city of West Park.”
“It was no rhyme or reason for him to be at my building and trying to get in.”
The case remains closed, and Moss is left to pay for the damage.
