Two years after the disappearance and subsequent death of Caribbean-American college student Miya Marcano, the family of the teen has filed a lawsuit against the Orange County Sheriff’s Office, as well as the two deputies who were tasked with handling her missing person case.
According to ClickOrlando, the lawsuit said the sheriff’s office failed “miserably” to properly train and supervise its deputies in how to handle a missing person case like Marcano’s. It also accused two employees of the sheriff’s office — Deputy Samir Paulino and Cpl. Kenneth Dale, Paulino’s supervisor — of violating Marcano’s civil rights.
After Marcano’s disappearance was reported on Sept. 24, 2021, Paulino went to the Arden Villas apartment complex where Marcano lived to perform a well-being check requested by her family.
A report stated that Marcano bedroom showed evidence that a possible crime had been committed: the door to her bedroom had been blocked with a piece of furniture, her bed wasn’t made, there was blood on her pillow, and broken and bent jewelry on the floor.
Dale said Paulino did not tell him most of that information during an agency investigation into the case. Because of this, Marcano was considered a “voluntary missing person” instead of a “missing endangered person.” The case was also not escalated to the Criminal Investigations Division.
The lawsuit also claims Paulino did not take the family or the apartment complex security guard seriously when they asked about fingerprint evidence or provided details about concerns that Armando Caballero, a maintenance worker at the complex, could be involved in her disappearance.
Caballero was found dead from suicide on Sept. 27, 2021. Marcano’s body was discovered on Oct. 2, 2021. It’s now believed Caballero killed Marcano.
Paulino received a 150-hour unpaid suspension as discipline for the investigation failures, and Dale received a 10-hour unpaid suspension. However, the family found that discipline insufficient.
“This failure to discipline its employees in a relevant respect reflects a deliberate indifference to the rights of its inhabitants and is actionable under 42 U.S.C. § 1983. Despite Paulino’s willful neglect, OCSO continues to employ him with a simple slap to the wrist,” the lawsuit said.
Timeline of Marcano’s death
Orange County authorities found the body of Miya Marcano in a wooded area near an apartment building on Oct. 2.
Authorities said the 19-year-old vanished on the same day a maintenance man improperly used a master key to enter her apartment. Her family reported her missing after she missed a flight home to South Florida on Sept. 24.
The sheriff said Caballero was considered the “prime suspect.” Caballero, 27, apparently killed himself; his body was found three days after Marcano was last seen.
Read more on Miya Marcano
- April 26 Declared “Miya Marcano Day” in Pembroke Pines
- Florida Lawmakers Unanimously Pass Miya’s Law, Honoring Deceased Caribbean-American Student
- Family of Miya Marcano Questions Sheriff’s Investigation
Marcano had repeatedly “rebuffed” romantic advances by Caballero. Detectives spoke to Caballero after the Valencia College student was reported missing, but had no evidence to detain him at that time. They obtained a warrant for his arrest after learning he had entered her apartment before she disappeared. His body was then found inside a garage.
In the wake of the Marcano case, Florida lawmakers passed a bill last year aimed at increasing physical safety for renters.
Mayor of Pembroke Pines Frank Ortis last year declared April 26, what would have been Miya’s 20th birthday, as Miya Marcano Day in the city.
Miya was a South Florida native who graduated from Charles W. Flanagan High School in Pembroke Pines. She is the daughter of popular Trinidadian South Florida deejay, Marlon Marcano, known as “DJ Eternal Vibes.”
