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‘You’re going to shoot me!’ ... ‘I am.’ ... A night at a Florida attorney’s office

A Florida attorney’s office, a gun, some cocaine, a fight between an older lawyer and a younger assistant who might have had a romance — it all sounds so 1980s Miami.

But this played out on July 31, 2024, in Pasco County, and some of the violence was captured by a cellphone. The video already played a role in the criminal charges against now-suspended Land O’ Lakes attorney Peter Berkman.

After Berkman was charged with aggravated assault with a deadly weapon without intent to kill and larceny petit theft from $100 to $750, the Florida Bar sought and received his interim felony suspension of the financial services and real estate lawyer.

The state Supreme Court’s suspension of Berkman began June 12.

Berkman, a Florida Bar member since 2012 with a previously clean discipline record, posted $2,000 bond the day after his arrest and has pleaded not guilty to the charges. A November trial date has been set.

With criminal defense attorney Ryan Swafford, Berkman filed a motion to use the Stand Your Ground defense in the criminal case.

What follows is from the Stand Your Ground motion hearing transcript and the Pasco County Sheriff’s Department complaint affidavit:

READ MORE: ‘Threat to kill’ charge among reasons a Fort Lauderdale attorney is suspended

‘The next one’s in your ------- face!’

Shortly after Tyrranie Garrett, then 23, met the 68-year-old Berkman through a mutual friend who knew she was looking for a place to stay, she sublet the unit he rented in a Lutz apartment complex. A few times a week, she testified in the Stand Your Ground hearing, she’d do work for Berkman for $20 per hour — minor tasks such as emailing documents — in his office that was a 10-minute walk from the apartment.

Garrett testified that she and Berkman went on a few dates together, and he went to the apartment and cooked for her. And, she testified, they’d done cocaine together in the office.

Peter Berkman
Peter Berkman The Florida Bar

But, Garrett testified, she wasn’t hanging out with Berkman as much as he wanted. Then the apartment complex management left a notice about a noise complaint. Garrett blamed her sister and a cousin getting “really rowdy.” She said Berkman got upset, wanted an extra $300 from her over the complaint, and got even more upset when she didn’t have the money.

When she returned home on July 31, 2024, Garrett testified, her clothes and TV were gone: “I didn’t know what he did with my belongings. But, he said he threw them away.”

All 5-foot-5, 105 pounds of Garrett stormed over to Berkman’s law office. When a secretary inside wouldn’t let her in the front door or the back door, surveillance video showed, Garrett went in a side door. She said when she got to Berkman’s office, he was at his desk and she “pulled my phone out and recorded him because he was doing cocaine actively.”

From the official court transcription of the video:

Garrett: “You have your cocaine over here, Peter.”

Berkman: “Get out.”

Garrett: “You’re going to get down the -- (screaming).”

Berkman: Get out of the (unintelligible).

Garrett: (Screaming).

Berkman: “Get out.”

Garrett: “You’re going to shoot me.”

Berkman: “I am. Get the f--- out of here....”

Berkman said Garrett kicked him down.

“It clearly shows in the video that he was yanking my foot, let go, fell back, got up, then proceeded to keep putting his hands on me,’ Garrett testified in the hearing under Swafford’s cross examination.

Later, the complaint affidavit said, Berkman fired a 9mm bullet into the ceiling.

Both the complaint affidavit and the video transcription say Berkman told Garrett: “The next one’s in your ------- face.”

In ruling on the motion, Pasco County Circuit Court Judge Joshua Riba acknowledged Garrett was a trespasser. But, as for the rest of Swafford’s argument on Berkman’s behalf: “It’s a business. It is his property. I’ll give you either one,” Riba said. “But, this is deadly force. This was deadly force that was used. He not only pulled a firearm, the victim asked — it’s on the video — ‘Are you going to shoot me?’ And, he says, ‘Yes, I’m going to shoot you.’ She actually says that before he ever pulled the gun. Then, he pulls the gun and he cranks off a round. And, then he says, ‘The next one’s going to be right between your eyes.’”

Riba might have ruled differently had cocaine not been involved. Possession of a controlled substance would be engaging in criminal activity, Riba said, and removing Stand Your Ground rights.

Though he called Garrett’s testimony about cocaine and the video images of Berkman of “questionable” credibility, Riba said “the images on the video coupled with her testimony and, most importantly, coupled with her saying it on the video and her statement of pointing out the cocaine ... that is what set him off. Mr. Berkman did not become enraged until after the victim pointed out he’s got cocaine, there’s cocaine here or whatever she said.

“So I think the State has met by clear and convincing evidence that Mr. Berkman was in possession of cocaine and because he was in possession of cocaine he is not legally entitled to Stand Your Ground immunity and it’s a relatively low standard.”

Riba’s ruling means Berkman won’t be able to use the Stand Your Ground shield should this case go to trial.

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This story was originally published June 30, 2026 at 2:16 PM with the headline "‘You’re going to shoot me!’ ... ‘I am.’ ... A night at a Florida attorney’s office."

David J. Neal
Miami Herald
Since 1989, David J. Neal’s domain at the Miami Herald has expanded to include writing about Panthers (NHL and FIU), Dolphins, old school animation, food safety, fraud, naughty lawyers, bad doctors and all manner of breaking news. He drinks coladas whole. He does not work Indianapolis 500 Race Day.
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