HILLSBOROUGH COUNTY, Fla - An ex-Marine accused of ambushing a Hillsborough County deputy the night of September 30, 2011, was denied bond Tuesday night.
Matthew Buendia has been behind bars since his arrest. Most of his time incarcerated has been spent in solitary confinement.
"The defendant is charged with a serious crime," said Judge Ronald Ficarrotta. "The facts show he poses a danger to himself and the community."
Buendia is accused of firing off nine rounds at Deputy Lyonelle De Veaux when she responded to a Town 'N Country apartment complex in regard to domestic violence.
Three of those rounds struck De Veaux.
Tonight, De Veaux came face-to-face with Buendia for the first time.
"Two times I saw the muzzle flash and he continued firing," recalled De Veaux, who was hit in the thigh, calf and torso.
Buendia, then 24, was and still is suffering from post traumatic stress disorder that was improperly treated, according to defense attorney Mark O'Brien.
Buendia was deployed three times while enlisted.
Doctors were called to the stand to testify about the ten medications Buendia was taking prior to the shooting, the side effects and his history of mental illness.
"In the month prior [to the shooting], the side effect profile was so significant he [Buendia] actually individually terminated his medications," testified Daniel Buffington, a pharmacology expert.
Defense attorneys described their client as wounded and in need of proper mental health care. They claim it is something he is not getting behind bars.
Ernest Boswell, a psychologist who spent more than 10 hours evaluating and observing Buendia, testified that Buendia has a severe form of PTSD and was not getting the proper care from the U.S. Department of Veteran Affairs.
Boswell told the judge Buendia was not aware nor could he comprehend his actions.
Prosecutors countered by saying Buendia knew the consequences of the crime and that the domestic incident the deputy was initially called out on could result in jail time.
The judge came to a swift decision following the testimony.
"I find that bond is not appropriate in this case," said Ficarrotta.
Buendia is slated to stand trial in March.