Judge deliberates 6th day of testimonies in officer’s trial for UPS driver’s death – WSVN 7News | Miami News, Weather, Sports

FORT LAUDERDALE, FLA. (WSVN) – Broward County Judge Ernest Kollra is hearing more testimonies Tuesday as an officer fights charges stemming from a shootout that claimed the life of an UPS driver, with the cop claiming protection under the state’s “stand your ground law”.

Four Miami-Dade Police officers are charged with manslaughter in the death of UPS driver Frank Ordonez and bystander Richard Cutshaw following the 2019 shootout which began as a cross-county pursuit between several officers and a pair of suspected jewelry store robbers who stole a UPS truck and had a Ordonez on board.

One of the four officers, Jose Mateo, is claiming self-defense by citing Florida’s “stand your ground law”, however prosecutors have been arguing that the law doesn’t protect a shooter who unintentionally kills an innocent bystander, which is Ordonez.

On the witness stand Tuesday morning was the Miami-Dade Sherriff’s Office Pilot, Hector Rodriguez, who monitored the pursuit from the sky.

Prosecutors probed Rodriguez about the potentiality of endangering civilians and the hostage as the stolen struck was stalled at the congested intersection of Miramar Parkway and Flamingo Road, where the chase concluded.

“Did you have any concerns about that at this time?” asked the prosecuting attorney.

“Yes,” said Rodriguez.

“Tell us what concerns did you have,” said the prosecution.

“Anything could happen right now. Subject is in vehicle with victim, a multitude of different scenarios can occur,” said Rodriguez.

“Scenarois that could endanger the public? prosecutors pressed.

“Could be, yes sir,” said Rodriguez.

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.

Richard Diaz, defense attorney for Jose Mateo, crossed-examined the Rodriguez arguing that responding officers, including Mateo, acted based on their pressing circumstances and that a command was not given, preventing them from retaliating any differently.

“Nobody will engage this truck until I say so or until Special Response Teams (SRT) arrives, nobody gave that command did they?” said Diaz.

“No sir,” replied Rodriguez.

“And the absence of that command, officers had to do as they saw fit based on the fluid circumstances you described right?” asked Diaz.

“Correct,” said Rodriguez.

Last Friday, MDSO Sgt. Samantha Machado took the stand, defending the officers’ actions, saying that never trained for a situation of that magnitude even adding that they knew that they were dealing with some dangerous suspects.

Testimony is expected to continue throughout the remainder of the afternoon into Thursday. At the end, the Honorable Judge Kollra can decide to throw out the manslaughter charge or Mateo will face trial, likely within a few weeks.

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