Diaz's friends, who were passengers in the car, say they were trying to pick up another friend to go ice skating but
As they were waiting in the driveway, the friends say, the homeowner came out with a gun and "just started shooting."
The friends say that after 69-year-old Phillip Sailors, the homeowner, fired the first shot, Diaz tried to turn the car around. But that's when Sailors allegedly fired the second shot, which ended up killing Diaz.
Sailors' attorney, Michael Puglise, says that since it was late at night, Sailors thought Diaz and his friends were going to invade his home, NBC Latino's Adrian Carrasquillo reports.
Police arrested Sailors and charged him for
Puglise told NBC Latino that Sailors is a Vietnam veteran, with no prior criminal history.
"You have to understand this is a 69-year-old man who is a military veteran who has been honorably discharged," Puglise told NBC Latino. "He dedicated his life to community service, specifically the Christian Lay Ministry in Latin America."