Osvaldo Cueli’s Family Sues Miami-Dade County Over Police Shooting

Background

Osvaldo Cueli was killed by police in November 2022 while on his Redland property. His family is now suing Miami-Dade County, alleging negligence and failure to establish proper procedures for police encounters and use of force.

Lawsuit Details

The lawsuit, filed by Gabriela Cueli as a representative of her father’s estate, claims that the county:

• Negligently failed to have proper procedures for police encounters and the use of force
• Failed to establish or execute a reasonable review policy for considering and addressing citizen complaints against police officers

Family Remembers Osvaldo

"He was always there," Gabriela said of her father. "That was my go-to person." His son, Osvaldo, added, "In the morning, I would always wake up and look for him. Every day, you know that was just who I’d be with the whole day."

Investigation

The Florida Department of Law Enforcement (FDLE) is investigating the shooting, but the family is still waiting for answers. Cellphone video recorded by Gabriela in the moments after the shooting shows two detectives in plain clothes.

"You see that, that’s my dad! The cops shot my dad!" she can be heard yelling. "He’s struggling to breathe at that moment. They never once rendered aid at any point whatsoever."

Police Version of Events

Miami-Dade Police said a 911 call brought two detectives from the illegal dumping unit to the home after someone reported seeing a stolen vehicle at the property. However, Osvaldo Cueli Jr. has a different account: "We noticed two people over our gate, and standing by a boat trailer we had. Concerned about people trespassing, he went to get my grandmother’s gun. As father and son got to their property line, Cueli Jr. says he saw two trucks with tinted windows pull up, no lights, no sirens. ‘The one to the right of us, that one started just shooting at us.’"

Discrepancies in Police Account

In the cellphone video, Gabriela can be heard telling officers, "Someone came onto our property, and our dad drove out to chase them!" At which point, one of the detectives tells her, "We identified ourselves, and he took out a gun on us." However, the video shows no lights on the detectives’ vehicles. "In my video, you see that the lights were never on," Gabriela said.

Call for Answers

The family wants answers about the shooting, which they believe was unjustified. "There was no explanation for this conduct and behavior by these officers," said Robert Pertierra, the attorney representing the family.

Ongoing Investigation and Response

The FDLE’s investigation into the shooting is ongoing, but Miami-Dade Police and the mayor’s office have not yet responded to requests for comment about the lawsuit. Police tell NBC6 Investigates that the two officers who opened fire are still on active duty. NBC6 has also requested the 911 call police say brought them to the home that day, but they have not yet provided it.

Conclusion

The Cueli family is still waiting for justice and answers about Osvaldo’s killing. They hope the lawsuit will bring about change and accountability in how police handle similar situations in the future.

FAQs

Q: What is the lawsuit about?

A: The lawsuit alleges that Miami-Dade County was negligent in its procedures for police encounters and the use of force, leading to the unjustified shooting of Osvaldo Cueli.

Q: What do the police say happened?

A: Police claim that a 911 call brought them to the scene after someone reported seeing a stolen vehicle at the property. Cueli’s son and his father went to investigate and were confronted by the detectives, leading to the shooting.

Q: What does the family say happened?

A: The family claims that their father and son were peacefully on their property when they were confronted by the detectives, who started shooting without identifying themselves. The family’s account is supported by cellphone video evidence.

Q: What is the investigation’s status?

A: The FDLE is investigating the shooting, but the results have not been released. Miami-Dade Police and the mayor’s office have not yet commented on the lawsuit.