A judge is hearing the beginning arguments on whether Florida’s “stand your ground” law applies to an officer involved in a shootout with armed robbers that led to the death of a UPS driver in 2019.
Richard Diaz, the attorney for Jose Mateo, one of the four Miami-Dade Police officers indicted, argued the actions he took that day to confront the armed robbers, who had taken UPS driver Frank Ordonez hostage were justified.
“To save lives, plain and simple. His and everybody else’s,” said Diaz.
The Dec. 5, 2019 shootout, which took place near the congested intersection of Miramar Parkway and Flamingo Road, left two suspects and two innocent people dead. It followed a multi-county police pursuit that was triggered by an armed robbery at the Regent Jewelers store in Coral Gables.
Mateo’s manslaughter charge stems from the death of Ordonez after Florida Department of Law Enforcement investigators said the bullets that hit Ordonez were fired by each of the indicted officers.
Mateo’s attorney told the judge he should throw out the charge that’s been brought against him based on the state’s “stand your ground law.”
“Our position is that the statute is very clear that it changes the prior law, you no longer have a duty to retreat, we know as a police officer, you have no duty to retreat, so for us it was pretty much a no-brainer that he should be entitled to that defense,” said Diaz.
Prosecutors told the judge that the “stand your ground” law only comes into play when a person is defending himself against an attacker and the attacker is hurt or killed, not an innocent bystander, like Ordonez.
Mateo’s attorney argued the officer only had one intention during the violent shootout.
During Monday’s hearing, a timeline was constructed to trace what led up to the death of Ordonez and another driver, Richard Cutshaw.
Cutshaw was killed by a single bullet that was fired into the back window of his vehicle.
The first day of arguments ended on Monday afternoon. It is expected to resume on Tuesday morning.
If the judge agrees with Mateo’s claim, the charge against him would be expected to be dropped.
It’s unclear how that outcome could impact the other officers charged in the shootout.
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