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Wednesday, December 11, 2024

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Davenport Man Charged With 2nd Degree Murder After Botched Robbery

Polk County Sheriff’s Office deputies arrested 32-year-old Robert Cruceta-Pimentel today, December 11, 2024, for the following charges: felony murder (2nd Degree), conspiracy to commit robbery, possession of cannabis with intent to sell, possession of heroin, possession of drug paraphernalia, possession of a controlled substance without a prescription, maintaining a vehicle for drug use/sales, tampering with physical evidence (x2), providing false information to a law enforcement officer during an investigation, and unlawful use of two-way communication device. 

The charges stem from a December 2023 botched robbery that resulted in the self-defense shooting of 33-year-old Harold Omar Sepulveda-Cruz (Cruz) of Davenport at the Tropicana Resort Motel near I-4 and US 27. Cruz died as a result of the shooting. Cruceta conspired with Cruz to stage a robbery during a marijuana transaction in his, Cruceta’s, vehicle. When Cruz threatened the victim in the car with Cruceta, the victim shot and killed Cruz in self-defense.

Cruceta was originally arrested on the above charges on December 20, 2023. He was held in the Polk County Jail on no bond until he was released on December 8, 2024 after the State Attorney’s Office dismissed (temporarily) the charges against Cruceta. 

The Sheriff’s Office was able to quickly locate a key witness after the case was temporarily dropped, allowing the State Attorney’s Office to re-file all the charges against Mr. Cruceta.

Subsequent to Mr. Cruceta’s release from the Polk County Jail on December 8, 2024, Mr. Cruceta’s lawyer, Mr. Ralph R. Maiolino III, Esq. of the law firm Smith & Eulo PLLC, released a snarky and braggadocios statement / news release about his client that included false and exaggerated claims to the West Orlando News, which they posted on December 9, 2024.

“I would like to thank lawyer Ralph R. Maiolino of the law firm Smith & Eulo PLLC for brining to my attention that the murder charge against his client, Mr. Cruceta, had been temporarily dropped. This allowed us to quickly locate a needed witness, which enabled the State Attorney’s Office to re-file murder and other charges against his client. I thank the State Attorney’s Office professional team for their persistent and hard work in this case.”  — Grady Judd, Sheriff

PREVIOUS NEWS RELEASE:

Date: Wed Dec 20, 2023 
From: Polk County Sheriff’s Office


Polk County Sheriff’s Office investigating overnight shooting death in Davenport

Polk County Sheriff’s Office detectives are investigating the shooting death of 33-year-old Harold Omar Sepulveda-Cruz (Cruz) of Davenport that occurred in the parking lot of the Tropicana Resort Motel located at 43420 Hwy 27, Davenport, Florida just before midnight on Tuesday, December 19th.

Deputies were called to the scene by 44-year-old Christian MacDonald of Davenport, who admitted to shooting and killing Cruz. He told deputies the shooting was in self-defense. MacDonald told deputies that Cruz entered into the back seat of the car that MacDonald and, 31-year-old Robert Rafael Pementel-Cruceta Jr.(Cruceta), were sitting in. MacDonald said Cruz immediately began demanding money and drugs from both of them while threatening to kill them if they did not comply.

MacDonald told deputies that Cruz’s demands continued to get more aggressive. MacDonald told deputies he retrieved a firearm from his jacket pocket, and fired several rounds toward the back seat and the suspect. Cruz was struck in the upper torso. He was deceased when deputies arrived at the scene.

Upon further investigation by deputies, based on interviews and evidence recovered, it became clear that the shooting was a result of an illegal drug transaction that was taking place inside the car and a planned robbery between Cruz and Cruceta.

Earlier in the evening, MacDonald communicated by phone with Cruceta about buying a marijuana from Cruceta. They agreed to meet in the parking lot of the Tropicana Resort Motel to conduct the drug transaction. MacDonald was the buyer, and Cruceta was the drug dealer/seller.

On the way to the drug transaction, Cruceta picked up his friend, Cruz. Cruceta told deputies that Cruz told him he wanted to get some quick cash and that he wanted to “hit a lick,” meaning commit a robbery. Cruceta dropped him off near the hotel and then met MacDonald. MacDonald drove to the location, parked, walked over to Cruceta’s car (2017 white Kia) and got inside the front passenger side. Shortly thereafter, Cruz entered into the back passenger seat of the Kia and attempted to commit a robbery using a makeshift simulated firearm, hitting MacDonald in the back several times. He was then shot and killed by MacDonald.

After the shooting, Cruceta is seen on motel surveillance video rummaging in the back seat of the Kia, collecting evidence, taking it, and throwing it over a high fence into a brushy area. Detectives later recovered Cruz’s identification, keys, and cellphone on the other side of the fence.

Based on interviews and evidence collected in the investigation, deputies arrested, 31-year-old Robert Rafael Cruceta-Pimentel on the following charges:

– Felony Murder (2nd Degree)
– conspiracy to commit robbery
– possession of cannabis with intent to sell
– possession of heroin
– possession of drug paraphernalia
– possession of a controlled substance without a prescription
– Maintaining a vehicle for drug use / sales
– Tampering with physical evidence (x2)
– Provide false information to LEO during investigation
– unlawful use of two-way communication device

author avatar
Carl Fish

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