FORT LAUDERDALE, FLA. (WSVN) - A judge is hearing the third day of arguments in the case of an officer involved in a shootout with armed robbers that left an innocent UPS delivery driver dead six years ago, with the officer citing Florida’s “stand your ground” law in his defense.
Broward Circuit Court Judge Ernest Kollra on Wednesday listened to testimony from forensic experts and witnesses about the Dec. 5, 2019 shootout, which took place near the congested intersection of Miramar Parkway and Flamingo Road.
Prosecutors maintain that Jose Mateo, one of the four Miami-Dade Police officers indicted, should still stand trial for manslaughter. Defense attorneys claim the charge should be thrown out, citing Florida’s “stand your ground” law.
Felicia Barrera, who was one of the witnesses caught in the crossfire, described what she experienced as the chaos unfolded.
“And then, when I see people running towards me, then I was like, ‘Oh, my God, I really need to get out, and I didn’t really know gunshots, I had never heard that,” said Barrera.
The judge was shown body camera video that showed officers swarming the intersection, trying to apprehend two suspected jewelry store robbers and free UPS driver, Frank Ordonez, who was taken hostage inside his delivery truck.
Barrera said she saw flashes of gunfire from inside the UPS truck from her vantage point inside her car.
“I did see the fire first, the people from the UPS truck fire out, that’s what I heard right, like a barrage of bullets afterward,” said Barrera.
Ordonez was unintentionally killed by police, along with Richard Cutshaw, who was inside a 2009 Grand Marquis nearby.
Mateo’s attorney argued the officer’s actions were justified under the state’s “stand your ground” law.
But prosecutors said that law only comes into play to a person defending themself from an attacker, and doesn’t transfer to unintended victims like Ordonez and Cutshaw.
Mateo’s attorney, Richard Diaz, questioned Liliana Sardi, a clerk who was injured in the original jewelry store heist, to demonstrate the robbers’ aggression and willingness to shoot, Wednesday.
“I saw a gun, and he point it and he fired, and then I start bleeding,” said Sardi.
The defense team reiterated Mateo’s intention was always to save lives.
The Ordonez family believes differently.
“We’ve had this ache in our hearts, and all we want is justice,” said Joe Merino, Ordonez’s stepfather.
Kollra is expected to hear from several more witnesses before making a decision.
If Kollra agrees with the defense, then the manslaughter charge Mateo is facing would likely be dropped and likely affect the case against the other three officers. If he sides with prosecutors, Mateo is likely to go on trial sometime in September.
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