What does it mean to be charged with first-degree murder in Florida? Learn about the penalties

The prosecution has upgraded the charges against Damián Valdés Galloso to first-degree murder in the case of El Taiger's death.

Damián, supuesto asesino de El Taiger © Captura de video / Univisión
Damián, the alleged assassin of El TaigerPhoto © Video capture / Univisión

After the Florida Prosecutor's Office announced that it would elevate the charges against Damián Valdez-Galloso, the only person detained in connection with the death of the Cuban reggaeton artist José Manuel Carbajal, known as El Taiger, dozens of Cubans are questioning this criminal charge.

The change in the charges responds to the call for justice led by Teresa Padrón, the artist's manager and close friend, who initiated a public campaign demanding harsher penalties.

Valdez-Galloso, who did not appear at Wednesday's hearing, now faces a charge that carries the harshest penalties in Florida.

Here are the details:

In the state of Florida, first-degree murder is one of the most serious crimes, classified as a capital offense. This applies when there is evidence of premeditation or when the homicide occurs during the commission of another felony, such as robbery or kidnapping (known as felony murder).

Possible sanctions include:

  • Death penalty: the jury may recommend it if there are aggravating circumstances, such as the brutality of the crime.
  • Life imprisonment without the possibility of parole: the mandatory alternative if the death penalty is not imposed.

Factors such as the brutality of the murder, the defendant's criminal record, and the compelling evidence presented by the prosecution could be decisive in this case.

In cases of first-degree murder, the state often seeks the death penalty if there are aggravating circumstances, such as the brutality of the crime, multiple victims, or if the victim was a protected figure (such as an on-duty police officer).

If the defendant presents mitigating circumstances (such as mental health issues or lack of prior offenses), this could influence the jury's recommendation against the death penalty.

In addition to first-degree murder, Valdez-Galloso is charged with evidence tampering and possession of a firearm as a convicted felon.

According to court records, the crime involved a gunshot to the victim's head, followed by manipulation of the body and cleaning of the crime scene.

A surveillance camera video was crucial to the case, showing how Valdez-Galloso shot El Taiger, dragged his body, and left him severely injured near a hospital.

Judge Mindy S. Glazer questioned during the initial hearing—where the defendant faced a second-degree murder charge—why a more severe charge was not being brought, noting clear signs of premeditation.

However, the prosecution argued that they needed to strengthen the evidence before upgrading the charge to a first-degree offense, which they have now confirmed.

Valdez-Galloso has an extensive criminal record that includes sexual assault, robbery, and illegal possession of firearms. He was also detained by ICE on two occasions and was registered as a sexual offender in Hialeah following his last conviction in 2020.

The next hearing in the case is scheduled for December 19, where the change of charges is expected to be formalized and the next steps in the judicial process will be determined. Meanwhile, Valdez-Galloso remains in custody without the right to bail.

The tragic murder of El Taiger has shocked the Cuban community and his fans, who continue to demand justice for the artist who left a significant mark on the music scene with his talent and charisma.

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