FORT LAUDERDALE, Fla. — The public learned more Monday about why an officer is claiming “stand your ground” in a deadly shootout that took the lives of four people in Miramar in 2019.
Suspended Miami-Dade police officer Jose Mateo was back in a Broward courtroom, where Judge Ernest Kollra ruled the defense can move forward with its case, seeking to prove that Mateo acted in self-defense under the “stand your ground” statute.
The state plans to call 25 witnesses — 14 civilians and 11 law enforcement officers or qualified experts — in an effort to prove that at least one of the Miami-Dade officers should not be able to use the “stand your ground” statute to defend himself for shooting two innocent victims killed in a shootout with armed criminals. The defense argues the officer should be allowed, saying he was simply trying to defend himself.
The deadly shooting in Miramar happened on Dec. 5, 2019, leaving four people shot and killed. Two of them — innocent victims — were caught in the crossfire between law enforcement and two armed robbers.
“I think his intent is obvious from what you saw on the video, which was to save lives, plain and simple. His and everybody else’s,” defense attorney Rick Diaz said.
Mateo was one of 20 officers who opened fire on suspects Lamar Alexander and Ronnie Hill after investigators said they robbed a Coral Gables jewelry store.
Video played in court showed Hill discharging his firearm and store employees firing at the robbers.
The state’s first witness, a retired Florida Department of Law Enforcement special agent supervisor who investigated the case, described how the robbery unfolded before the thieves began shooting at police as they tried to flee in a stolen UPS truck.
At issue is how two innocent men — UPS truck driver Frank Ordonez and bystander Richard Cutshaw — were shot and killed in Miramar.
“Our position is that if, in defense of yourself or others, you use deadly force — which is justified — and in doing so, you not only terminate the threat but you hurt somebody in the process, that you are also immunized under that scenario as well,” Diaz said.
The defense argues the “stand your ground” statute’s specifics aren’t clear.
“There’s no jurisprudence that says yes or says no,” Diaz said.
Prosecutors countered that the statute does not apply because Mateo and three other officers with what was then the Miami-Dade Police Department — Rodolfo Mirabal, Richard Santiesteban, and Leslie Lee — were not standing their ground against the unintended victims.
All four now face manslaughter charges.
“Every police officer has that right, but they also have a duty of public safety,” prosecutor Chuck Morton said.
If the judge rules in the defense’s favor, the manslaughter charge would be dismissed. If he rules in the state’s favor, a trial date for the charge will be set later.
Following the state’s witnesses, the defense is expected to call at least eight witnesses. The hearing is expected to continue into the latter part of the week.
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