COCONUT GROVE, FLA. (WSVN) - Three people are filing a lawsuit against a Miami Beach high-rise apartment complex after, they say, upper management and security failed them during an armed robbery and home invasion last month.
During a news conference on Tuesday where they and their legal team announced a $12 million civil, negligence lawsuit against various parties, the trio said they remain shaken up.
“Since that night, I’ve been struggling with anxiety and a constant fear I never thought I would have,” said victim Kylee Holland. “The trauma of what happened follows us every day.”
“I thought, you know, there was a possibility that I might die here tonight,” said victim Gary Burns.
According to the arrest report, 31-year-old Brian Lopez took advantage of the lack of security measures in place at the Flamingo Towers in Miami Beach to reach the ninth floor, where Jacob Kirsten and Holland reside. Burns was also inside the apartment. Upon entry, Lopez violently robbed, burglarized and beat them all inside the apartment.
Lopez then forced them to transfer money via Zelle.
“The blood was squirting out of my head while I made eye contact with my fiancé. At that point, I could tell in her eyes, and mine, that we both thought we were going to die,” said Kirsten.
Miami Beach responded to the scene, eventually locating the suspect and taking him into custody.
The civil lawsuit was filed in Miami-Dade County against Flamingo, the building’s security company, Lopez, and the building’s parent company.
Attorneys say the attack, however, was foreseeable and preventable.
The complaint reads in part: “Defendant Brian Lopez was able to access the property and lurk the residential floors of the North Tower and its common areas as an armed and visibly deranged trespasser.”
The trio’s attorneys said Lopez made his way through different entrance points of the complex like gates and parking lots by passing numerous security measures like facial recognition systems, fingerprint scanners and specialized elevators.
“The perpetrator of this event managed to make it through various secured points throughout this building and commit this heinous act without any resistance from security, personnel, or any of the security features,” said attorney Bernardo Pimentel. “Nothing was tipped off. This man could have been in that building for hours for all we know. Unless this situation would have happened, he may have gotten away.”
Pimentel went on to say this security failure leaves every resident in the building in danger.
“No one who chooses to live in a high-end gated community should have the fear that an armed and dangerous criminal can easily bypass security the way they perpetrator did in this situation enter their home and terrorize them at gunpoint,” said Pimentel.
Holland said these were the same security measures they trusted to keep them safe.
“This happened in our home. A place that should be safe. A place that you should feel protected,” she said.
7News has since reached out to Flamingo Point for comment. Although they haven’t responded to the lawsuit, they did release a statement following the initial incident, calling the attack a security incident and urging residents to lock their doors.
The victims said they will move out as soon as possible.
Lopez remains in custody and is being held without bond.
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