MIAMI — A Miami jury on Thursday convicted a Donald Trump supporter who was accused of shooting at two men in a dust-up that started over one of them flying a “Running with Biden” flag on his Jet Ski on Election Day 2020.
The six-person jury deliberated less than two hours in convicting Eduardo Acosta, 39, on charges of attempted murder, aggravated assault with a firearm and armed robbery. He faces up to life in prison, with a mandatory minimum of at least 20 years, when he is sentenced on Dec. 16.
The case was decided against the backdrop of increased political rancor ahead of Tuesday’s midterm elections. The case made for a challenging jury selection process, with many potential jurors unable to serve because of their own political biases.
Prosecutors alleged that Acosta was on his Jet Ski with a group of men on Nov. 3, 2020, when they allegedly approached two other men on a small Biscayne Bay island near Miami Marine Stadium. Those two men, Wilson Peralta and Alfredo Garcia, were on their own Jet Skis, and one of them flew a Biden flag.
Triggered by the flag, prosecutors said, Acosta began to argue with the men, claiming that anyone who supported Biden was a “child molester.” The insult originates from an unfounded QAnon conspiracy theory that a “deep state” group of child sex traffickers were secretly working to defeat Trump.
According to a cellphone video recorded by one of the two men, Acosta at some point lunged at them but was held back by one of the people in his group. According to testimony, Acosta came back later armed with a handgun, shooting at the men as they jumped on their Jet Skis and zoomed off. The two victims fell into the water as a bullet whizzed overhead.
He caught up with them on the water, holding them at gunpoint, police said. “Don’t come back to this island. I’m going to kill you,” he allegedly said in Spanish, according to police.
The victims were unharmed.
Defense attorney Eric Matheny argued Acosta had grabbed his gun because he was fearful of the two men who had been acting erratically after they had come back to the island. Matheny told jurors the gun went off accidentally as he was on his Jet Ski.
“His Jet Ski hit a rough patch of water and the shock of the impact caused his hand to slip and the tip of his index finger caught the trigger and fired a round into the water,” Matheny said.
Matheny said the legal team was “heartbroken” by the verdict, and it would explore an appeal. “We believed very strongly in our case,” Matheny said.
The case was prosecuted by Assistant State Attorney Rachel Morales-Gellis and Vianca Picart. Acosta, a father of four who worked in the exotic car sales business, will be sentenced by Miami Circuit Judge Daryl Trawick.
Acosta had been free on bond while awaiting trial, but was taken into custody after the verdict.
