Miami family refiles suit after prosecutors drop charges in Wynwood shooting

The family of Evelyn Valdes, a 28-year-old woman killed by police gunfire in Miami’s Wynwood district, has filed an amended civil lawsuit. The new filing follows a decision by state prosecutors to clear the involved officers of criminal wrongdoing and the subsequent release of bodycam footage from the incident.

Valdes died in June of this year while celebrating her birthday. She was seated in a nearby SUV during a confrontation outside a club. A dispute had spilled into the street, involving an armed man. Officers opened fire during the scuffle, killing the suspect and Valdes. The State Attorney’s Office issued a closeout memo stating that the city of Miami police officers did not commit a criminal act.

Ray Rasco, the attorney representing the family, stated that the decision not to prosecute was expected but disappointing. He cited the new evidence as the reason for updating the complaint. Rasco argued that the officers failed to de-escalate the situation before opening fire. While prosecutors claimed the officers gave a command, Rasco noted that no such command is audible on the released video.

"They could have used a taser; without asking any questions, without making any statements, they started shooting," Rasco said. The amended complaint incorporates additional bodycam video, witness statements, and new details regarding the shooting. The goal is to hold the officers accountable through the civil court system rather than the criminal track.

Kristy Garcia, Valdes’s mother, expressed frustration with the outcome. She questioned the justification provided by prosecutors, who stated the officers shot because they were scared for their lives and the lives of civilians.

"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. "You know what I'm saying, and they killed her. Not the suspect." Garcia added that the system had failed the family, but she stated that this is not the end of Evelyn.

The case will now proceed in civil court. The amended complaint seeks to resolve the dispute over the officers' conduct and the resulting death through a judicial process focused on liability and damages.