Judge Ernest Kollra granted Stand Your Ground immunity to three former Miami-Dade Police officers charged in a 2019 shootout that killed a hijacked UPS driver and innocent bystander in Miramar. Richard Santiesteban, Leslie Lee and Rodolfo Mirabal had their manslaughter charges dismissed after claiming they acted in self-defense during the incident.
“The Court finds the facts and testimony support the application of immunity under Florida’s ‘Stand Your Ground’ law,” Kollra wrote in his ruling granting the motion. “The Court finds that the State has not established by clear and convincing evidence that Defendant did not have a reasonable belief that his use of deadly force was necessary to prevent imminent death or great bodily harm to himself or another or to prevent the imminent commission of a forcible felony,” the decisions read.
The shootout occurred on Miramar Parkway and killed Frank Ordonez, a UPS driver taken hostage by armed gunmen, and Richard Cutshaw, an innocent driver who sat idle at a red light where police engaged the suspects. The incident unfolded after two suspects took Ordonez hostage following an armed robbery at a Coral Gables jewelry store and led authorities on a pursuit into Miramar before the shootout began at the intersection.
A fourth officer involved in the shootout, Jose Mateo, was granted the same immunity last year. The Broward State Attorney’s Office appealed that decision and said they plan to appeal Kollra’s new rulings as well.
“Immunity from prosecution is not the same as a defense presented to a jury from this community,” the state attorney’s office said in a statement. “It is our belief that Stand Your Ground immunity does not apply in matters involving innocent bystanders, like Frank Ordonez and Richard Cutshaw, who presented no danger to officers. In this incident, two innocent men were killed.”
The case stems from events that began with an armed robbery at a Coral Gables jewelry store, where suspects took Ordonez hostage and used his UPS truck as their getaway vehicle. Police pursued the hijacked vehicle through multiple jurisdictions before the deadly confrontation occurred at a busy Miramar intersection.
Florida’s Stand Your Ground law allows individuals to use deadly force if they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or others. The law has been applied in various high-profile cases throughout the state since its enactment, often generating controversy when applied to law enforcement situations involving civilian casualties.
The Broward State Attorney’s Office plans to challenge the immunity rulings through the appellate process, setting up a potential legal battle over the application of Stand Your Ground protections in cases where police actions result in innocent deaths.