Jayvon Avery faces an attempted murder charge in connection to Wednesday’s shooting off Forest Hill Boulevard.
GREENACRES — Within moments of seeing a man outside his girlfriend’s apartment Wednesday afternoon, Jayvon Avery fired.
Avery told Palm Beach County sheriff’s investigators he pointed a .40 caliber Glock toward the ground in front of the man and didn’t give him time to say more than, "Do it," before pulling the trigger.
Avery claimed he shot Luis Sierra, who has a child with Avery’s girlfriend, in self-defense. Sheriff’s authorities said the noon gunfire at the Palo Verde Apartments on the 6000 block of Forest Hill Boulevard was a murder attempt.
Avery, 26, was arrested that evening on an attempted murder charge as well as on a charge of illegally possessing a gun. A judge ordered the Riviera Beach man remain jailed without the possibility of posting bond.
Sierra, 33, also was arrested. Court records indicate that the mother of his child has an injunction filed against him, meaning Sierra cannot have contact with her. He faces a charge of violating that order and was released from the Palm Beach County Jail late Thursday on a $25,000 bond.
A woman who answered a number listed as Sierra’s on Thursday and identified herself as the West Palm Beach man’s girlfriend said he is recovering from the gunshot wound to his leg. She would not comment further about the shooting.
Sierra told sheriff’s investigators that the mother of his child called him saying she needed money. Shortly afterward, a man whose voice Sierra recognized as Avery’s called him and said the clothes Sierra had left at the woman’s home had been thrown out.
The woman told deputies that Sierra phoned her after he had spoken with Avery and told her "that there was going to be issues."
She told Avery to leave. Avery grabbed a gun, he said.
Moments after Sierra showed up outside the apartment, Avery shot him. Avery told sheriff’s authorities it was in self-defense.
But Sierra didn’t have a weapon, sheriff’s authorities say. And Avery’s own account recorded in the arrest report quoted him as saying: "I didn’t give him a chance to say anything."
Avery ran from the scene after firing four shots. Avery said he called his mother after the shooting, but did not call authorities.
He tossed the loaded .40 caliber Glock and an extra magazine in some bushes, according to sheriff’s records.
The woman said she heard the shots and saw Avery flee. She said she did not see him shoot Sierra.
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In 2014, Avery was accused of fatally shooting Kyle Lutes, a 24-year-old Indiana man who was in Palm Beach County for a rehabilitation program.
However, the state dropped the murder charge against Avery after his sister, Star Avery, said she lied when she told law enforcement and a grand jury that her brother said he "shot a boy down the street."
Star Avery served five years in prison for perjury and lying to authorities. The 25-year-old was released from prison in April.
Jayvon Avery spent three years in custody for burglary and illegally possessing a gun and was released from prison in November 2017, state records show.
Lutes’ parents, Shelly and Bill Lutes, repeatedly made the 1,000-mile trek from Indiana to the Palm Beach County courthouse for the Avery siblings’ court hearings, even when the charges had no ties to their son’s killing.
When Shelly Lutes heard Avery had been arrested in the shooting Wednesday she first thought of Kyle before thinking, "Here we go again."
She said that if the case goes to trial, she and her husband likely will be there, "(so he) knows that we have not forgotten what he did."