FORT LAUDERDALE, FLA. (WSVN) - Prosecutors and the defense rested their case in the hearings to decide whether an officer’s actions were justified by Florida’s “stand your ground” law.
Prosecutors say the law does not qualify in this case, but a defense witness who took the stand Thursday says he believes the officer’s actions were justified.
Back in 2019, officers from several departments surrounded a UPS truck that was hijacked by two suspected armed robbers, with the driver, Frank Ordonez being held hostage, and led authorities on a multi-county pursuit.
The ensuing shootout left Ordonez and bystander Richard Cutshaw dead, and now four officers are being charged with manslaughter.
One of the officers, Jose Mateo, wants the case thrown out. For a little over a week, he has been trying to convince Miami-Dade Circuit Court Judge Ernest Kollra that his actions that day were justified under the Florida law.
Taking the stand Thursday, Miami-Dade Sheriff’s Office Sgt. Manuel Malgor conceded there were issues with how the Miami-Dade Police officers who were charged handled the situation.
“That incident from beginning to end, on law enforcement’s side, was far from perfect,” he said
Nevertheless, the expert witness, who trains MDSO deputies for intense situations like this, as well as active shooter scenarios and mass casualty event, hastened to add that this particular case was textbook in many ways, and these officers did the right thing.
“These officers did exactly what I trained them to do, what our department has trained them to do, and that is to respond in the face of incredible danger and at risk of their own lives to neutralize a threat,” said Malgor.
Malgor pointed to a muzzled flash, seen inside the cab of the UPS truck, as the first shots were fired.
“Was Officer Mateo’s actions consistent with justifiable use of force?” an attorney asked Malgor.
“It was,” said Malgor.
Roughly 200 rounds were fired at that intersection, investigators found, with bullets from each of the four officers striking Ordonez.
Roy Ordonez, the victim’s brother, spoke with 7News outside the courtroom.
“I feel the blame for my brother’s death is solely on the police, and just rushing into the situation and just firing,” he said.
The shootout trapped helpless drivers inside their vehicles, including a woman who was behid the wheel in her red Honda, just ahead of the UPS truck. She, too, believes that’s where the first shots came from.
“But you have no idea as to who was firing those shots, do you?” asked a prosecutor.
“No, I didn’t see where it came from. I just heard it,” said the woman.
Mateo is not on trial yet. The hearing is to see if his charges can be dismissed under Florida’s “stand your ground” law.
The court on Thursday was packed with friends and supporters of Mateo.
Both the defense and the prosecution now have rested their cases, and the decision is in the hands of Kollra, who will decide whether or not the charges are dismissed or if Mateo will need to stand trial.
If Kollra decides that “stand your ground” applies in this case, Mateo’s attorneys said, that would be a win for all officers.
“They’re going to be able to go back to work and not worry about, ‘If I end up one way and do nothing, I go to jail as [Marjory Stoneman Douglas High School resource officer] Scot Peterson did, and if I do my job as I think I’ve been trained to do, then I’m going to go to jail like Mateo did,'” said defense attorney Richard Diaz.
If Mateo were to stand trial, it will most likely begin in mid-September.
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