FORT LAUDERDALE, Fla. — Three officers are working to get charges dismissed in connection with two wrongful deaths from 2019’s deadly UPS chase and shootout in Miramar.
On Monday, the officers and their attorneys decided that they will present all of their cases together in one hearing.
It’s easy to assume that because one of the officers, Jose Mateo, had his manslaughter charge dismissed under Florida’s “stand your ground” law, the same outcome would apply to the others — but that’s not the case.
The judge said each officer must present their own defense.
“I am wondering why we would have to do another Stand Your Ground hearing at all,” one defense attorney said during Monday’s hearing.
Defense attorneys expressed frustration as three Miami-Dade police officers — Rodolfo Mirabal, Leslie Lee, and Richard Santiesteban — appeared in a Broward County courtroom. Prosecutors said they plan to move forward with manslaughter charges, despite Mateo being cleared of any wrongdoing in September under the same law.
“We have heard the sworn testimony from these witnesses in that courtroom and there is no question at this point that ‘stand your ground’ applies and that the facts do not support the prosecution of my client and these other officers,” Mirabal’s attorney, David Braun, said.
All three officers fired their weapons during the 2019 shootout, which killed two armed suspects and two innocent bystanders, UPS driver Frank Ordonez and motorist Richard Cutshaw.
Each officer’s defense team has filed a motion to dismiss under “stand your ground,” the same legal argument that resulted in Mateo’s charges being thrown out.
“My order went to Officer Mateo,” the judge said during Monday’s hearing.
Braun countered, “But the facts are — and the state admits — that the cases are very similar.”
“Anyone that was listening to those facts would know that ‘stand your ground’ applies. My client has immunity,” Braun later told Local 10 News.
But prosecutors have given no indication they plan to drop the remaining charges.
Just as they did in Mateo’s case, the court will hear testimony, review body camera video, and consider witness statements before deciding whether the officers are immune from prosecution.
“I think it’s what we have to do because we have got to get our clients out from under this nightmare,” Braun said.
The hearing is scheduled to begin on Feb. 2 and is expected to last up to 10 days.
As for Mateo, while his charges were dismissed in September, the state has filed an appeal.
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