Prosecutors say a Miami-Dade sheriff’s deputy was legally justified when he shot and killed an armed shoplifting suspect outside a southwest Miami-Dade Walmart, according to a close-out memo from the Miami-Dade State Attorney’s Office. The confrontation began on Nov. 6, 2025, after loss-prevention staff reported an alleged theft. A struggle outside the store left 36-year-old Kennedy Graham wounded, and he was later pronounced dead at a nearby hospital. The Florida Department of Law Enforcement reviewed the incident as part of the criminal inquiry.
In a May 26 memorandum, the Miami-Dade State Attorney’s Office concluded that Deputy Wilfredo Ortega’s use of force was “legally justified,” NBC 6 South Florida reported. Prosecutors wrote that Graham armed himself during the struggle, creating an immediate threat to Ortega as well as to shoppers and first responders. After reviewing the evidence and the Florida Department of Law Enforcement investigation, the office closed the file with no criminal charges.
What the footage shows
Body-cam and surveillance video released in January shows Ortega approach Graham from behind near the store entrance, then engage in roughly a one-minute wrestling match before Graham breaks free and runs into the parking lot, as detailed in Hoodline’s earlier bodycam video release. Surveillance appears to show a handgun fall to the ground during the scuffle and then be picked up by Graham as he fled. Officers fired three rounds as he ran, and he collapsed a short distance away. Deputies and paramedics rendered aid at the scene, and authorities later recovered a loaded firearm.
Officials' account and investigation
Sheriff Rosie Cordero-Stutz told reporters that Ortega had been patrolling the area when loss-prevention staff alerted him to the alleged shoplifting, and that the deputy discharged his service weapon after the struggle, according to CBS Miami. The outlet reported that deputies and Miami-Dade Fire Rescue provided medical aid, and that Ortega was not seriously injured. The Florida Department of Law Enforcement took the lead on the investigation, which officials said is standard procedure when a deputy fires a weapon in the line of duty.
Legal backdrop
Under Florida law, an officer may use deadly force when the officer reasonably believes it is necessary to prevent imminent death or great bodily harm to the officer or to others. That standard is set out in Chapter 776 of the Florida Statutes. Florida Statutes, Ch. 776 provides the framework prosecutors use when weighing potential criminal charges. Investigators cited that standard in the close-out memo that found Ortega’s actions justified.
Family and witnesses
Graham’s relatives have publicly questioned the shooting. His sister told Local 10 that video of the encounter shows him running away and that she does not believe the use of deadly force was warranted. Witnesses who spoke with reporters described hearing three shots and seeing the deputy pursue Graham before he fell, according to local accounts. Tension in the neighborhood lingered after the video release and again following the prosecutor’s decision.
What happens next
The Miami-Dade State Attorney’s Office has closed its file on the shooting after reviewing the Florida Department of Law Enforcement investigation and the video evidence, concluding that Ortega’s use of force was legally justified, NBC 6 South Florida reported. Prosecutors said the state will not pursue criminal charges tied to the encounter. Civil litigation or a federal review remains possible, which means the legal chapter may be closed for the county, but the case is not necessarily over for everyone involved.
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