FORT LAUDERDALE, FLA. (WSVN) - Broward County Circuit Judge Ernest Kollra heard testimonies for a seventh day as a former police officer fights charges stemming from a shootout that claimed the life of a UPS driver, with the cop claiming protection under the state’s “stand your ground” law.
On Wednesday, the court was shown video captured from former police officer Jose Mateo’s body-worn camera during the 2019 shootout that led to the death of UPS driver Frank Ordonez and Richard Cutshaw. The confrontation at the congested intersection of Miramar Parkway and Flamingo Road began as a cross-county pursuit between several officers and a pair of suspected jewelry store robbers who stole a UPS truck and had Ordonez on board.
Mateo is one of four Miami-Dade Police officers charged with manslaughter for the death of Ordonez.
The video showed Mateo and other officers approaching the delivery truck and pulling out the bloody body of Ordonez.
Ordonez’s family argues police should’ve tried harder to find a better solution instead of a shootout in a congested intersection surrounded by several bystanders and Ordonez being held hostage aboard the truck.
Mateo has argued his actions that day were solely done to save lives and should fall under the state’s “stand your ground” law, which would protect him from prosecution.
Prosecutors told the judge the law does not protect a shooter, even a police officer, who unintentionally kills an innocent bystander while defending themselves.
“I heard a couple shots, a huge wave of shots,” said Jahrue Lyttle, a witness.
Lyttle was a passenger in an Uber that was a few car lengths ahead of the hijacked UPS truck.
He described the barrage of bullets that flew across the intersection and that he believed the first shots came from the truck.
“Do you know for sure?” Lyttle was asked.
“Not for sure,” said Lyttle.
The judge was also shown body camera video from Mateo’s partner at the time, now deputy, Ryan Lindner, who drove the pair to the intersection.
Lindner told the court he believes he was the first officer in the intersection who fired after he saw one of the suspected robbers aboard the UPS truck shoot at them.
“I see as he ducked back into the vehicle, or fell. I believe he ducked at the time. I can still see his legs clearly. There’s no door, as you know, in that UPS truck, it was open, so I can see both of the subject’s legs,” said Lindner.
Defense attorneys for Mateo have hammered at the idea that the situation was fluid and predictable.
Ordonez’s twin brother, Roy, said he can’t accept that argument.
“If the police ended up murdering my brother while trying to escape,” said Roy. “If they allow them to not face the consequences, I have a feeling that we’re gonna be hearing this term, ‘fluid state,’ in almost any situation.”
If the judge decides that the testimony shared in court over the past week provides substantial reason to support the “stand your ground” claim, he could dismiss the manslaughter charge against Mateo. If he determines the law doesn’t apply, Mateo would likely face trial later this month.
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