A judge is hearing the second day of arguments in the case of an officer involved in a shootout with armed robbers that left life an innocent UPS delivery driver dead six years ago, with the officer citing Florida’s “stand your ground law” in his defense.
Harrowing video captured on body cameras worn by responding officers, including suspended Miami-Dade Police Officer Jose Mateo, was reviewed in court Tuesday and depicted the moments officers fired on a UPS truck during rush hour on Dec. 5, 2019.
The body camera footage stirred up great emotions as members of the Ordonez’s family were seen visibly distraught as they were escorted out of the court room by the bailiff.
Mateo, one of the four Miami-Dade Police officers indicted, now faces a manslaughter charge in the death of the UPS driver, Frank Ordonez.
“They had the intelligence. They could’ve waited five minutes and you should’ve had the negotiator. I am sure that a negotiator would’ve probably released Frank, ” said Joe Merino, Frank’s stepfather.
Police said 41-year-old Lamar Alexander and 41-year-old Ronnie Jerome Hill robbed the Regent Jewelers store in Coral Gables before hijacking the UPS driven by 27-year-old Ordonez and led police on a multi-county chase that ended near the intersection of Miramar Parkway and Flamingo Road.
That’s when gunfire broke out, fatally striking Ordonez and civilian Richard Cutshaw.
Crime scene photos showed Cutshaw’s 2009 Grand Marquis back window shattered by a single bullet.
The Florida Department of Law Enforcement said law enforcement officers fired more than 200 rounds and had been told not to get close to the truck because the suspects were reportedly firing.
Judge Ernest Kollra is now allowing Mateo to make the defense that his actions that day were justified under Florida’s “stand your ground” law.
“Police officers would have to decide, do I want to end up getting indicted like Scot Peterson for not acting, or do I want to end up getting like officer Mateo for acting,” said Richard Diaz, the attorney for Jose Mateo.
Scot Peterson is the Broward Sheriff’s Office deputy that was charged and acquitted for his alleged inactivity during the Marjory Stoneman Douglas shooting.
However, prosecutors are arguing that the “stand your ground law” does not apply in Mateo’s case because he was not defending himself against an aggressor but an innocent bystander, like Ordonez..
Prosecutors also played an aerial video of the entire pursuit and shooting, to which they hope will solidify their case and prove Mateo was not firing in self-defense.
As of noon, a FDLE agent has taken the stand and is being cross-examined by the defense who is focusing on how dangerous the robbers were and arguing that the circumstances didn’t allow for the officers to react any differently.
Direct and cross-examinations are expected to continue throughout the afternoon.
Please check back on WSVN.com and 7News for more details on this developing story.
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