In a decision that has stoked controversy, a Broward County Circuit Judge has dismissed manslaughter charges against Miami-Dade Police Officer Jose Mateo, citing Florida’s “stand your ground” law as the basis for the ruling. The case, stemming from a 2019 shootout that resulted in the death of UPS driver Frank Ordonez and bystander Richard Cutshaw, ended for Mateo with Judge Ernest Kollra's conclusion that the officer had "a reasonable belief that his use of deadly force was necessary to prevent imminent death or great bodily harm to himself or another," WSVN reported.
The dismissal has been deemed a possible precedent for law enforcement officers engaging in future shootouts, as suggested by Mateo's attorney, Richard Diaz. He argued that his client had acted within his rights during the altercation with two convicted felons who had previously robbed a Coral Gables jewelry store before commandeering the UPS vehicle. "As long as the officer was doing as he or she was trained, and was acting in good faith and firing at the direction of that threat, or using other levels of force directed toward the threat, they’re not going to worry about a manslaughter charge against them," Diaz said in an all smiles hugging his attorneys scene after the verdict, as captured by 7News cameras, according to WSVN.
The shootout, which transformed the Miramar Parkway into what bystanders described as a warzone, saw over 200 rounds fired during rush hour. Body-worn camera footage played in court depicted a pursuing Mateo firing upon the armed subjects inside the truck, even as the defense argued that the felons had fired first. Mateo, currently suspended, told WSVN that the incident had been mentally tough and expressed “It will be what I was meant to do: go back and protect those who can’t protect themselves.”
However, the fallout of the ruling weighs heavily on the families of the victims. The Ordonez family shared their profound disappointment, struggling to comprehend the judge's decision. “The facts were there. I’m just numb at the whole thing. I’m trying to digest my feelings and my thought process, and it comes back to disappointment,” Joe Merino, Ordonez's father, told WSVN. Lucy Apolonario, Ordonez's mother, expressed a feeling of helplessness to Local 10 News, while the Broward State Attorney’s Office has criticized the application of the Stand Your Ground law to this case, highlighting the unintended harm to innocent bystanders. They announced plans to appeal the ruling, emphasizing in a statement to Local 10 News that immunity from prosecution differs from a defense argued before a local jury. The trial of the three other officers involved in the shootout is expected to proceed.
The case has brought into sharp focus the complexities of Florida's Stand Your Ground statute. While it provides a potential shield for those who feel their lives are in imminent danger, the application of such laws remains contentious, particularly when innocent lives are lost. As reported by Hoodline, Diaz's defense centered around the notion that the officers' actions were justified under both the Stand Your Ground and the fleeing felon law—a point of view the state vehemently challenges.
