MIRAMAR, FLA. (WSVN) - The Broward State Attorney’s Office announced it will appeal after a judge granted “Stand Your Ground” immunity to three former Miami-Dade Police officers charged in connection with the 2019 Miramar UPS shooting that killed a delivery driver and an innocent bystander.
Broward Circuit Court Judge Ernest Kollra on Monday issued a ruling dismissing charges against officers Leslie Lee, Rodolfo Mirabal and Richard Santiesteban.
A fourth officer, Jose Mateo, had already been granted immunity in a separate September ruling, which is also under appeal in the Fourth District Court of Appeal.
In a statement released Monday, prosecutors argued “Stand Your Ground” protections should not apply in cases involving bystanders who posed no threat to officers.
“Immunity from prosecution is not the same as a defense presented to a jury from this community,” the statement read.
The case stems from December 2019, when two men hijacked a UPS truck, triggering a police chase that ended in a shootout in Miramar. UPS driver Frank Ordonez and motorist Richard Cutshaw were killed in the crossfire.
All three officers argued they fired in self-defense during the chaotic exchange of gunfire.
Lee, the only one of the three to take the stand during February’s immunity hearing, testified that he repositioned his vehicle to flank the hijacked truck as it came to a stop. He previously acknowledged he initially lied to investigators, first denying he fired his weapon before later admitting he did.
Attorneys also presented body camera video showing the confrontation along with radio traffic during the hour-long pursuit to the judge.
“So that he could hear everything and basically be in the shoes of the police officers so that he could see what it was they were going through at that point,” said Mirabal’s attorney David Braun.
Prosecutors argued “Stand Your Ground” protections do not apply when it involves innocent bystanders who didn’t cause the dangerous circumstances are struck by the crossfire.
Kollra ultimately disagreed, granting immunity to the three officers, along with Mateo last year.
In making his decision, he stated that the “determination of initial provocation is crucial.” After reviewing all the footage of the incident, Kollra believes it “clearly shows the suspect [Ronnie Hill].. extend his arm out of the side of the UPS truck” and that the “defendant and 19 other law enforcement officers returned fire after Hill discharged his firearm first.”
He went on to say that this distinction was crucial for his decision, writing: “Here, there is no question that the defendant was responding to a threat initiated and continued by two armed convicted felons who shot and hit multiple victims.”
He also wrote that it was a “highly unusual and highly aggressive situation,” which was caused by “the two convicted felons who started, continued and chose to fire first at anyone that came near the UPS truck to try to contain it and save Mr. Ordonez, the hostage.”
Braun applauded the decision, saying it’s an important step to ensure police have the ability to respond to these difficult situations.
“If we want police officers to respond to serious incidents such as this then we need to recognize their legal ability to defend us and defend themselves from someone that’s pointing the gun in their direction and shooting,” said Braun.
As for the family of Frank Ordonez, they told 7News this decision is another heartbreak on their search for justice.
“My wife is disappointed, I’m disappointed because we have no faith. There’s no faith in the judicial system” said Joe Merino, Ordonez’s stepfather. “Frank’s never gonna get any type of justice that he deserves and that’s disappointing.”
“He’s not here with us anymore, he’s not coming back due to the negligence of police officers. On top of that, nothing’s gonna happen to them,” said Roy Ordonez, Frank’s brother. “Like infinite grieving and despair, basically, knowing that we won’t see justice for my brother’s death or the innocent bystander.”
In a statement released to 7News, the Broward State Attorney’s Office said they plan to appeal all three new rulings in addition to the ongoing appeal of the Mateo ruling.
“It is our belief that ‘Stand Your Ground” immunity does not apply in matters involving innocent bystanders, like Frank Ordonez and Richard Cutshaw, who presented no danger to officers. In this incident, two innocent men were killed, and the lives of numerous other innocent bystanders were endangered.”
All four officers remain suspended from their jobs.
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