‘Doesn't make sense': Family files lawsuit over fatal Miami-Dade Police shooting

The family of a man killed by police is now suing Miami-Dade County.

Osvaldo Cueli was at his Redland property in November of last year when he was fatally shot by two officers. Gabriela Cueli filed the wrongful death lawsuit as a representative of her father’s estate. It alleges in part that the county negligently failed to have proper procedures for police encounters and the use of force. It goes on to say the county failed to establish or execute a reasonable review policy for the consideration and redress of citizen’s complaints against police officers. 

“He was always there,” Gabriela said of her father. “That was my go-to person.”

She and her brother, also named Osvaldo, said they are still waiting for answers, nearly a year after their father’s death. 

“In the morning I would always wake up and look for him,” Osvaldo said. “Every day you know that was just who I'd be with the whole day.” 

“There was no explanation for this conduct and behavior by these officers,” said Robert Pertierra, the attorney representing the family. 

Cellphone video recorded by Gabriela in the moments after the shooting shows two detectives in plain clothes. 

“That’s my dad! The cops shot my dad!" she can be heard yelling. 

“He’s struggling to breathe at that moment,” she said. “They never once rendered aid at any point whatsoever.”

The lawsuit also claims the county “covered up the unjustified shooting by manipulating the media by advocating a false narrative…”

At the time of the shooting, Miami-Dade Police said a 911 call brought two detectives from the illegal dumping unit to the home after someone reported seeing a stolen vehicle at the property. 

“Everything they said doesn’t make sense,” Gabriela said. “The whole stolen vehicle aspect of it, they could have easily run the plate and that's my dad's car.”

In a statement at the time, officers said they saw a vehicle matching the description, and activated their emergency equipment. Upon attempting to make contact, a confrontation ensued and shots were fired.

Cueli’s son has a very different story.

“We noticed two people over our gate and standing by a boat trailer we had,” he explained. 

Concerned about people trespassing, he says his dad went to the house to get his grandmother’s gun. As father and son got to their property line, Cueli Jr. says he saw two trucks with tinted windows pull up, no lights, no sirens.

“The one to the right of us, that one started just shooting at us,” he said. 

He says the shots were coming from inside at least one of the trucks, causing several bullet holes in the vehicle’s windshield.

“But they were shooting at Junior as well,” Pertierra said. “Junior felt bullets flying right by him, they didn't identify themselves.” 

In the cellphone video recorded by Gabriela that day, she can be heard telling officers, “Someone came onto our property and our dad drove out to chase them!” 

At which point one of the detectives tells her, “We identified ourselves and he took out a gun on us.” 

“In my video, you see that, that the lights were never on,” Gabriela said.

As for why the police version of events differs so greatly from the family’s account, attorney Pertierra said, “We've heard what the storyline is. We don't know where they made that up.” 

The FDLE’s investigation into the shooting is ongoing. The family says they want answers as they try to get used to life without him. 

“My youngest is now starting to talk,” Gabriela said. “So she’ll point to pictures of him and call him grandpa or abuelo and she’ll kiss it. That’s the only thing she’s going to get to remember from him.” 

It’s not clear if Cueli ever fired his gun.

Miami-Dade Police and the mayor’s office have not yet responded to requests for comment about the lawsuit. Police tell NBC6 Investigates the two officers who opened fire are still on active duty.

NBC6 has also requested the 911 call police say brought them to the home that day. They have not yet provided it.