Two and a half years after a Miami Beach police officer shot and killed an attempted bank robber armed with a barber’s straight razor, the State Attorney’s Office has decided not to file criminal charges against the officer.
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Garcia’s attorney, Bradley Winston, said he can finally examine all the police evidence collected during the investigation. “The delay in closing this criminal investigation has been inexcusable,” he said. Despite criticism about delays in the probe, many legal observers said the decision was not unexpected.
In October, newly appointed Chief Dan Oates announced that officers would no longer be allowed to shoot at moving cars — a policy long in place across the bay in Miami. Late Tuesday, State Attorney Katherine Fernandez Rundle met with Herisse’s relatives and their attorney to explain the decision.
An appeals court later overturned his manslaughter conviction, and Lozano was acquitted at a second trial. For Miami-Dade prosecutors, the probe entailed an exhaustive review of evidence — including trying to link every bullet fired to an officer’s gun — drawn from three separate shooting scenes along Collins Avenue.
They added that officers, by law, did not have to “wait and see if he actually displayed a gun” or see if he began “to drive toward them.”. Three days after the shooting, Miami Beach detectives said they found a gun wrapped in cloth under the driver’s seat, a discovery that raised skepticism among Herisse’s lawyers.
When an armed robbery suspect did not obey police commands, five officers perceived the same threat and simultaneously fired their weapons," OKC Fraternal Order of Police President John George said in a statement Wednesday.
In November, Stavian Rodriguez was killed after officers responded to a report of an armed robbery at an Oklahoma City gas station, authorities said. The owner of the gas station managed to leave and lock Rodriguez inside as officers surrounded the business, police said. Rodriguez was shot after he climbed out the drive-thru window, police said.
A sixth officer, Sgt. Sarah Carli, who fired a "less lethal weapon" during the incident, was not charged, the Oklahoma City Police Department said in a statement Wednesday. The department also released the body-worn camera footage from the Nov. 23 incident from five of the officers on Wednesday.
In Oklahoma, a person can be charged with felony murder if someone dies while certain types of felonies are being committed, according to Oklahoma City ABC affiliate KOCO. The felony charge against Cheatham has drawn recent demonstrations, with protesters saying the teen deserves lesser charges.