FORT LAUDERDALE, FLA. (WSVN) - Broward County Circuit Judge Ernest Kollra heard testimonies for a sixth day as a former police officer fights charges stemming from a shootout that claimed the life of an UPS driver, with the cop claiming protection under the state’s “stand your ground” law.
Four Miami-Dade Police officers are charged with manslaughter in the death of UPS driver Frank Ordonez and bystander Richard Cutshaw during the 2019 shootout, which 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.
One of the four Miami-Dade Police officers charged, Jose Mateo, is claiming self-defense by citing Florida’s “stand your ground” law. However, prosecutors argue that the law doesn’t protect a shooter who unintentionally kills an innocent bystander, which is Ordonez.
On Tuesday, Miami-Dade Sheriff’s Office pilot Hector Rodriguez, who monitored the pursuit from the sky, took the witness stand.
Prosecutors probed Rodriguez about the potentiality of endangering civilians and the hostage as the stolen struck was stalled at the congested intersection of Miramar Parkway and Flamingo Road, where the pursuit concluded.
“Did you have any concerns about that at this time?” asked the prosecuting attorney.
“Yes,” said Rodriguez.
“Tell us what concerns did you have,” said the prosecution.
“Anything could happen right now. Subject is in vehicle with victim, a multitude of different scenarios can occur,” said Rodriguez.
“Scenarios that could endanger the public?” prosecutors pressed.
“Could be, yes, sir,” said Rodriguez.
The Florida Department of Law Enforcement said law enforcement officers fired more than 200 rounds and had been told not to get close to the truck because the suspects were reportedly firing.
Richard Diaz, Mateo’s attorney, cross-examined Rodriguez and argued that responding officers, including Mateo, acted based on their pressing circumstances and that a command was not given, preventing them from retaliating any differently.
“Nobody will engage this truck until either I say so or until Special Response Teams arrive, nobody gave that command, did they?” said Diaz.
“No, sir,” replied Rodriguez.
“And the absence of that command, officers had to do as they saw fit based on the fluid circumstances you described, right?” asked Diaz.
“Correct,” said Rodriguez.
Miami-Dade Sheriff’s Office Deputy Bryan Young, who was a Miami-Dade Police officer at the time of the shooting, testified later in the day.
“This is a split-second decision that had to be made, no time to make a command as such, and unfortunately, multiple civilian vehicles were used as cover,” said Young.
Young described the moments deadly gunfire erupted in the busy Miramar intersection.
When asked if he was “standing his ground”, Young responded, “Yes.”
Last Friday, MDSO Sgt. Samantha Machado took the stand. She defended the officers’ actions, saying they never trained for a situation of that magnitude and that they knew they were dealing with some dangerous suspects.
Testimony is expected to continue until Thursday. Kollra will then decide whether to throw out the manslaughter charge or whether Mateo will face trial, likely within a few weeks.
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