Suspended Miami-Dade police officer Jose Mateo can proceed with a “stand your ground” defense in the deadly 2019 Miramar shootout that left four people dead, a Broward judge ruled Monday.
Judge Ernest Kollra allowed the defense to present its case, which argues that Mateo acted in self-defense during the chaotic incident on December 5, 2019. Mateo was one of 20 officers who fired at armed robbers Lamar Alexander and Ronnie Hill after the two men allegedly stole a UPS truck following a Coral Gables jewelry store robbery.
The state intends to call 25 witnesses, including 14 civilians and 11 law enforcement personnel or experts, to argue that Mateo should not be shielded by the statute for the deaths of two innocent bystanders — UPS driver Frank Ordonez and passerby Richard Cutshaw — who were caught in the crossfire.
Defense attorney Rick Diaz told the court, “I think his intent is obvious from what you saw on the video, which was to save lives, plain and simple. His and everybody else’s.” Diaz emphasized that the statute’s application is murky, saying, “There’s no jurisprudence that says yes or says no.”
Video evidence played in court shows the robbers firing their weapons while store employees also discharged firearms. Prosecutors argued that Mateo and three other Miami-Dade officers — Rodolfo Mirabal, Richard Santiesteban, and Leslie Lee — were not defending themselves against the innocent victims and therefore should not be immune under “stand your ground.” All four officers face manslaughter charges.
“Every police officer has that right, but they also have a duty of public safety,” said prosecutor Chuck Morton.
If Judge Kollra sides with the defense, the manslaughter charges against Mateo would be dismissed. Otherwise, a trial date for the charges will be set. The hearing is expected to continue later this week, with the defense planning to call at least eight witnesses.
