State Attorney Monique Worrell announced that her office will not prosecute the Orlando Police Department officer involved in a deadly crash that killed 92-year-old great-grandmother Milagros Ortiz. Worrell stated that there was a lack of evidence to prove the officer’s driving was reckless.

Investigation Details

The initial crash report found that the officer was at fault for failure to yield the right of way. The case was closed, but Worrell’s office proactively requested a traffic homicide investigation, which was cooperated with by the Orlando Police Department.

After reviewing the police investigation, Worrell’s traffic homicide unit prosecutor found that there were not enough elements to file criminal charges in the case. The traffic camera video shows Officer Andrew McKuhen had stopped at a red light on Hoffner Avenue at 1:49 a.m. on January 18. As he slowly entered the intersection while the traffic on Semoran Boulevard still had the green light, the marked SUV’s top lights were steady and the bottom lights were flashing, but they went dark moments before impact.

A witness, Jose Rodriguez, stated that the officer did not turn on his sirens and slowly entered the intersection. The police department’s chief, Eric Smith, acknowledged that the 2019 Ford Explorer had a documented history of issues with its emergency equipment, which the officer had reported.

Family Reaction and Next Steps

Ortiz’s family expressed disappointment with the decision not to prosecute the officer. The family’s attorney, Ben Crump, announced plans to file a $92 million civil lawsuit. The city’s internal investigation into whether the officer broke protocol and whether he will be disciplined is still active and open.

Original reporting: WESH Orlando — read the source article.