Left inset: Dustin Wakefield (GoFundMe). Right inset: Tamarius Davis (Miami-Dade Corrections and Rehabilitation). Background: The sidewalk cafe in Miami, Fla., where Dustin Wakefield was shot and killed by Tamarius Davis while protecting his son (WPLG/YouTube).
A Florida man will spend decades in prison after killing a father who was protecting his 1-year-old son. The man walked up to a sidewalk cafe and pointed a pistol at the boy, saying "It's time to die," before the dad stepped in to save him.
Tamarius Davis, 27, was sentenced to 50 years in prison plus 25 years of probation on Thursday for the death of Colorado tourist Dustin Wakefield, 21, in Miami.
Wakefield "stood up between the gunman and the baby" before Davis opened fire and murdered him, according to Wakefield's family, who spoke to the Miami Herald after the slaying happened in August 2021.
"This guy came in with a gun waving it, saying it's time to die," Wakefield's uncle, Mike Wakefield, told the newspaper. "He pointed the gun at his son and Dustin said, 'He's only a boy.'"
Davis, who was 22 at the time of the shooting, pleaded guilty in May to second-degree murder. He shot Wakefield "multiple times" while the young man was on the ground, according to Wakefield's uncle.
An arrest affidavit obtained by Law&Crime said Wakefield was shot at least once in the head. Multiple witnesses saw the slaying unfold and identified Davis as the gunman.
"I know that he decidedly chose to lay his life down and protect people even in that place of being shot, because more people could have died that day," Wakefield's mother, Lora Wakefield, told local NBC affiliate KUSA after Davis pleaded guilty. "He was not only a hero of my grandbaby but a hero of many around him."
Davis was allegedly "high on mushrooms, which made him feel empowered," when the shooting occurred, according to court documents. Wakefield was with his family at a sidewalk cafe in the 1400 block of Ocean Drive.
Davis told police he "randomly chose" the Wakefield family.
"I forgive the guy, but I also believe in consequences to the choices that you make," Lora Wakefield said. "You just can't take a life. You took my son's life, you gave him no mercy, so I believe he needs to do life in prison."
The judge who sentenced Davis told the court, "I have tried my best to impose a sentence which punishes, but also allows for some hope, even though it may be small," according to local Fox and ABC affiliate WSVN. Prosecutors wanted a life sentence, while Davis' defense team hoped for no more than 25 years, WSVN reports.
"Each and every one of you said that anything less than a life sentence was not justice and yet you all understand that nothing will bring your son back," said Miami-Dade Circuit Judge Laura Stuzin.
Defense attorney Juan Mourin told WSVN, "This is a case that was not going to have a happy ending for anybody no matter what."