Introduction to the Case
It’s been more than five years since Miami-Dade deputies opened fire on armed robbers and kidnappers stopped in traffic in Miramar, and four of them are facing manslaughter charges in the deaths of the criminals’ hostage and a bystander. And on Wednesday, one of those officers asked a judge to throw out the charges based in part on evidence NBC6 Investigates first brought to light last November.
Background on the Shootout
The deadly shootout happened in December 2019, when two desperate, fleeing felons spotted a UPS truck parked on a Coral Gables street and saw an opportunity to further their escape, having just robbed a jewelry store. They took delivery driver Frank Ordonez hostage, stole his truck, and led police on a two-county chase that ended in stopped traffic on Miramar Parkway. The hail of bullets that followed led to four current or former Miami-Dade deputies being indicted in June 2024 by Broward State Attorney Harold Pryor’s grand jury on manslaughter charges in the deaths of Ordonez and – for one of those officers – Richard Cutshaw, a motorist shot as his car idled in traffic.
The Latest Developments
Attorney Richard Diaz is seeking dismissal of the charges against suspended Miami-Dade Deputy Jose Mateo, under what is called Stand Your Ground immunity, arguing he acted in the defense of himself or others. “Police officers not only have the right, but they have an obligation to pursue fleeing felons,” Diaz told NBC6. But prosecutor Chuck Morton told Judge Ernest Kollra on Wednesday that that can’t be used under these circumstances. The key, Morton says, is whether what Mateo and other officers did was reasonable and prudent, when according to an FDLE investigation, 20 police officers from four agencies fired up to 221 rounds over 25 seconds. Videos first revealed by NBC6 Investigates confirmed all those shots were fired after one of the kidnappers, Hill, opened fire on authorities and the public. Mateo’s bodycam video shows him running up to the scene and, according to his motion for immunity, “discharging all of the rounds in his clip in an effort to ensure he could eliminate the threat.” Hill was certainly eliminated–shot 40 times. His getaway driver apparently shot himself in the temple soon after Hill opened fire. But also killed were Ordonez and a man sitting in his car at the red light, Richard Cutshaw. It’s for one or both of those deaths that State Attorney Harold Pryor had his grand jury indict four officers on manslaughter charges, saying the force was not reasonable.
Implications of the Case
If the judge allows a Stand Your Ground hearing to go forward, the state will have to prove that Mateo was not justified in using deadly force. The three other officers have not yet filed similar Stand Your Ground motions, but that could happen soon, one of their attorneys told NBC6. This case raises questions about the use of force by law enforcement and the application of Stand Your Ground laws in such situations.
Conclusion
The Miramar shootout case highlights the complexities and challenges of policing, particularly in high-pressure situations involving armed suspects and hostages. The outcome of this case will have significant implications for law enforcement practices and the application of Stand Your Ground laws. As the legal proceedings continue, it is essential to consider the nuances of the case and the broader implications for public safety and justice.
FAQs
- Q: What happened during the Miramar shootout?
A: The Miramar shootout occurred in December 2019 when two fleeing felons, who had robbed a jewelry store, took a UPS driver hostage and led police on a chase. The situation ended with a hail of bullets, resulting in the deaths of the hostage, the UPS driver, and a bystander. - Q: Which officers are facing charges?
A: Four current or former Miami-Dade deputies are facing manslaughter charges in connection with the deaths of the UPS driver and a bystander. - Q: What is the basis of the defense’s request for immunity?
A: The defense is seeking immunity under the Stand Your Ground law, arguing that the officer acted in self-defense or in the defense of others. - Q: What are the implications of the case?
A: The case raises questions about the use of force by law enforcement and the application of Stand Your Ground laws, with significant implications for policing practices and public safety.
