Matthew Buendia's attorney: There will be no winners

TAMPA - The ex-marine accused of shooting a Hillsborough County deputy sobbed in court Tuesday afternoon. His attorney entered a not guilty plea.

Matthew Buendia, 24, is accused of shooting deputy Lyonelle De Veaux on September 30 after she responded to his residence in reference to a domestic violence call.

De Veaux sustained gun shot wounds to the leg and shoulder. She is recovering in a rehab facility.

Buendia is in solitary confinement. His lawyer, Mark O'Brien, says Buendia can't even get dressed without jail personnel.

Tuesday, O'Brien told a judge Buendia is a danger to himself and to others due to PTSD. Buendia sobbed, often looking over his right shoulder toward his family and girlfriend, sitting in the courtroom.

Sheriff's deputies filled the courtroom as well, sitting behind Buendia.

O'Brien claims his client's three tours in the Middle East as a Marine left him changed forever. Because of that, O'Brien says he and Buendia's family want him in custody.

"Mr. Buendia is mentally ill. He is a danger to himself and potentially to other people," O'Brien said. "What happened to Matthew over in these countries, we'll hear about it. It's horrifying."

Still, O'Brien argues the way Buendia's custody came about was "legal fiction."

Originally, Buendia received a bond of $65,000. Hillsborough County Sheriff David Gee released a statement that he and others were angered by the bond.

Within a few hours, a judge ordered a 24-hour stay. The next day, a different judge took away Buendia's bond.

"It is important, as this case goes forward, that we follow the law," O'Brien said. "Mr. Buendia was not treated properly under the law."