The parents of the UPS driver killed in a police shootout after being taken hostage during a hijacking on Miramar Parkway in 2019 say their hope for justice has been shattered once more.
Their heartbreak follows a Broward circuit judge’s decision to dismiss manslaughter charges against one of the officers involved, ruling he was immune from prosecution under Florida’s Stand Your Ground law.
“The suffering doesn’t go away. It’s a nightmare,” said Joe Merino, Frank Ordonez’s stepfather.
“I mean the facts were there. Frank isn’t getting justice,” Merino said.
Officer wins immunity after arguing he acted in self-defense
Suspended Miami-Dade police officer Jose Mateo, one of three officers charged with manslaughter in Ordonez’s death, argued during weeks of hearings that he should be granted immunity.
On Thursday, the judge ruled in his favor, clearing him of charges.
Mateo and other officers opened fire in December 2019 after two accused robbers hijacked Ordonez’s UPS truck.
Ordonez and another innocent bystander, Richard Cutshaw, who was stuck in traffic, were killed in the hail of bullets.
One officer still faces two charges of manslaughter.
Prosecutors say victims were innocent bystanders
During the hearings, Broward prosecutors argued that police tactics were flawed and that Stand Your Ground should not apply.
They insisted Ordonez and Cutshaw were not the aggressors but innocent victims caught in crossfire from officers who opened fire on the hijackers.
Mateo’s attorney countered that the officers were defending themselves during the chaotic confrontation.
Rick Diaz, Mateo’s attorney, called the ruling “a major win for law enforcement” and said he looks forward to defending the case in appeals court.
State Attorney’s Office vows to appeal ruling
The Broward State Attorney’s Office announced it will appeal the ruling while continuing to pursue charges against the three remaining officers.
Full Statement from the Broward State Attorney’s Office:
“Immunity from prosecution is not the same as a defense presented to a jury from this community.
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 and the lives of numerous other innocent bystanders were endangered.
We plan to appeal this ruling.
The cases against the other three officers will move forward while this appeal is underway.”
Judge’s Stand Your Ground ruling
