DocuSign Envelope ID: 20CC9EE6-8399-49A1-B3FE-94AF8A83F312

June 30, 2023

Mr. Harold F. Pryor

State Attorney
Seventeenth Judicial Circuit of Florida
Broward County Courthouse
201 SE Sixth Street
Ft. Lauderdale, Florida 33301-3360

RE: Miles McGlashan Death Decline Memorandum

Mr. Pryor:

We contact you in response to your memorandum of June 13, 2023 and released into the public record on June 28th concerning the death of Miles
McGlashan and investigation in Hollywood Police Case Number 33-2211-171707. The memo authored by Assistant State Attorney William Tiberius
Sinclair concludes that your office is declining to proceed with charges against Mr. Christopher Bernadel at this time based on the inability to overcome a
defense based on Florida’s Stand Your Ground Statute 776.012 (2). While this counsel appreciates the open communication during this investigation,
and the meeting with our client Ms. April McGlashan and her family who carry this tragedy with them each moment, we respectfully request, and believe
for the reasons cited below, this office should forward the matter crucial to the public’s future safety to the impaneled grand jurors for the residents of
Broward County to evaluate whether prosecution is warranted.

1. We contend the State did not conduct an evaluation during its investigation of the of the section of the Florida Statutes which deem the Stand
Your Ground Defense under 776.012 (2) not available to a person deemed an aggressor. 776.041 states that “the preceding sections of this
chapter is NOT available to a person who…initially provokes the use or threatened use of force against himself…unless….he or she has
exhausted every reasonable means to escape such danger”…(776.041 (2)). The State’s close out memo does not address that any evaluation
of this provision was evaluated— addressing solely the initial provisions that the defense is available to Mr. Bernadel due to his right to be in
the location which is not disputed, and his claim of being in danger of death or great bodily harm. We believe this evaluation precludes any
examination that Mr. Bernadel was in fact the aggressor as indicated by undisputed facts from his on on the record statement to police. His
own statement shows the following: Mr. McGlashan had exited the vehicle and was on foot to his destination. The close out memo states
“McGlashan….gets out of the car and slams the door. Following this, Mr. Bernadel walked to Mr. McGlashan and asked him what’s going on?”
It is our position that this chronological order of events presented by Mr. Bernadel himself rise to the level of grand jurors evaluation of the
facts as we know them. It is entirely possible that panel members viewing the evidence of an unarmed McGlashan, half the size of Mr.
Bernadel, and walking to his destination until confronted by Bernadel, may conclude him to be an aggressor—one who made zero attempt “to
exhaust every reasonable means to escape prior to being able to use force which is likely to cause death or great bodily harm.’ These are
factors that should not be aborted, and a view completely eliminated from evaluation by residents.

2. While there are conflicting medical reports about the entry and exit wounds on Mr. McGlashan, it is undisputed that one medical expert Dr.
Andrew Rosenthal’s conclusion was that “injuries were caused by a single gunshot wound which entered the right posterior flank exiting the
right anterior chest.’ Dr. Rosenthal is the Chief of Trauma Services at Memorial Regional Healthcare Systems with over two decades of
experience.

The State Attorney is well aware in the larger picture of this counsel’s concern over the evolving of the Stand Your Ground defense and its application
in our community in this specific case, and the message the decision from the June 13th memo sends. While the State, as indicated in its public
statement in this matter, has difficult decisions to make, it also has a duty to insure that all evidence, especially in a case with the loss of life and with
much wider ranging implications, is presented to those citizens who have been entrusted with making evaluations on indictments. We believe the
amount of evidence in this matter, and the series of events listed in the July 13th memo more than rise to the level of citizens hearing, and making their
determination of prosecution in this tragedy. We believe fairness, justice, and the evidence make this further review not only reasonable, but the
prudent option for this jurisdiction and the more than 2 million people residing in it.

David M. Kubiliun, Esq. Willard R. Shepard, Esq.

Greenspoon Marder, LLP Willard Shepard Law & Media
FBN 343780 FBN 090326