More than two and a half years after Miami-Dade deputies shot and killed a father in front of his kids, the state attorney's office says there is not enough evidence to determine the shooting by the detectives was justified.
The close-out memo from the Miami-Dade State Attorney's Office obtained Wednesday determined there also isn't enough evidence to prove a criminal case against the detectives involved in the November 2023 shooting of Osvaldo Cueli at his Redland property.
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Miami-Dade Police said detectives went to the home after two people reported seeing their stolen truck at the property.
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Detectives said they found Cueli and there was an exchange of gunfire.
The memo said Cueli shot at least three times, hitting one of the detective's trucks, and Cueli was hit once.
It also said officers found a gun by Cueli.
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An attorney for Cueli's family believes there are problems with the state attorney’s office's report.
"They’re heartbroken, they're heartbroken," attorney Robert Pertierra said. "The evidence that I see contradicts what they claim in this report."
Pertierra added that some of the findings in the memo are not right.
"We provided them with a video of our client dying taken by the daughter that shows our client on the ground. There was never a firearm near his body," he said.
Cueli's daughter filed a wrongful death lawsuit against Miami-Dade County last year, alleging the county negligently failed to have proper procedures for police encounters and the use of force.
The family's lawyer said they're not giving up.
"I’m hoping that justice prevails and these officers are prosecuted for killing this man," Pertierra said. "They're taxpayers of this community and they have two police officers that they know for a fact assassinated their family member and there’s nothing going to happen with the state attorney’s office."
