Wynwood Shooting: Civil Suit Expanded After Prosecutors Drop Case

The family of Evelyn Valdez filed an amended civil complaint against the Miami police officers who shot her in June. Valdez, 28, died last month while sitting in a parked SUV during a confrontation outside a Wynwood club. The incident occurred as she celebrated her birthday.

Police engaged an armed suspect whose fight had spilled into the street. Officers opened fire, killing the suspect and Valdez. The State Attorney's Office recently issued a closeout memo clearing the officers of criminal wrongdoing. The prosecutors determined that the officers gave a command before shooting.

Ray Rasco, the family's attorney, stated that the new evidence prompted the legal update. The amended complaint incorporates additional bodycam video, witness statements, and specific details regarding the shooting sequence. Rasco argued that the officers failed to de-escalate the situation. He noted that no verbal command is audible on the released bodycam footage.

"We filed an amended complaint because we received the closeout memo from the state attorney's office; they made a decision not to prosecute. We were not surprised by that decision, but we were very disappointed by that decision," Rasco said. He added that the officers could have used a taser instead of firearms.

Kristy Garcia, Valdez's mother, expressed frustration with the criminal justice outcome. She questioned the justification that officers feared for their lives while her daughter was also a civilian. "And then they're justified, and they shot because they were scared for their lives, and the lives of the civilians, well what about my daughter, my daughter was a civilian too," Garcia said.

Garcia emphasized that the family intends to pursue accountability through the civil courts. "It's sad that the system has failed us. The government has failed us completely," she stated. "But it will not be the end of Evelyn; this is not the end of Evelyn."

The civil case will proceed with the expanded documentation. The officers are not facing criminal charges. The family continues to seek redress through the amended lawsuit filed in civil court.