A Broward County judge is hearing testimony for a fifth day to determine if Florida’s “stand your ground” law applies for an officer charged in the death of a UPS driver during a deadly shootout, as witnesses described the chaotic scene that unfolded as officers confronted the gunmen.
Broward Circuit Court Judge Ernest Kollra listened to testimony from more witnesses who were stuck in traffic when a shootout began between several officers and a pair of suspected jewelry store robbers who stole a UPS truck and had a hostage on board.
Jose Mateo, one of the four Miami-Dade Police officers indicted, is claiming self-defense for his actions to stop the suspects, which led to the death of UPS driver Frank Ordonez and bystander Richard Cutshaw.
Among the witnesses testifying Friday was Manuel Tosado, an Army veteran.
“It looks like a movie, it was so many police cars, helicopters, I didn’t know it was a civilian inside the vehicle. I thought it was maybe just somebody who took a vehicle and go crazy,” said Tosado.
Tosado told the court he was waiting in traffic a few cars ahead of the stolen UPS truck during rush hour at the congested intersection of Miramar Parkway and Flamingo Road when officers confronted the two suspects. The Dec. 5, 2019 shootout took place after a multi-county police pursuit that was triggered by an armed robbery at the Regent Jewelers store in Coral Gables.
After bullets started flying, Tosado said two of them hit his truck.
“And the lower bullet, it went through the whole bed, the cabin, the backseat and my daughter’s car seat. It was landed on my daughter’s car seat,” said Tosado.
Tosado’s 5-year-old daughter at the time was fortunately at home sick that day.
He also told the judge he pulled out his own gun that day, in case someone attempted to escape the scene by carjacking him during the chaos.
“You are just in survival mode,” he said.
Cheryl Byron Wilson, who was right next to the truck during the shootout, told the court she had no idea what was going on as she saw the officers approach the delivery vehicle.
Video played for the court showed Wilson’s black BMW attempting to get away after being right next to the UPS truck’s passenger side when the gunfire started.
“‘This guy’s gonna kill me.’ So I told my family who was on the side, I said, ‘Colleen, get down, get down,’ and then I scooted down like this, so if a bullet comes through, it wouldn’t hit me, it would hit the car,” said Wilson.
Prosecutors said police officers were wrong to open fire on the suspects in such a crowded area as they attempted to stop the truck and save Ordonez. The robbers were also killed in the shootout.
The prosecution said the now suspended officer should stand trial for manslaughter. His lawyers argue he was trying to save lives that day and shouldn’t be criminally charged because, according to Florida law, he was standing his ground.
Prosecutors said that’s not how the state’s law works.
The Ordonez family was present as they listened to testimony and relived the moments when they lost their son and brother.
His mother said she is still keeping his memory close six years later through a pendant carrying his photo.
“I want the police to be held accountable for the innocent lives lost, and it’s the only way that we could get some closure,” said Roy Ordonez, Frank’s brother.
Frank’s stepfather has told 7News several times throughout each hearing that he wishes and believes that police could have waited for a SWAT team and a negotiator to try to find a peaceful way out of the situation, but the defense team insists that with what law enforcement knew at the time, that was never a realistic option.
Kollra is expected to hear more testimony next week. If he agrees with the defense, the manslaughter charge against Jose Mateo could be dropped.
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