Jury clears Miami-Dade officer of vehicular homicide charge

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A Miami-Dade police officer, whose patrol motor vehicle wreck 4 many years back led to the demise of a man driving the other motor vehicle, was cleared of any wrongdoing by jurors Thursday soon after the officer’s attorney attacked the direct detective in the situation for disregarding likely evidence.

Soon after about 90 minutes of deliberation, jurors cleared Officer John Tune of fees of vehicular homicide, reckless driving and a pair of counts of damaging home. The March 2018 accident in deep South Miami-Dade transpired when Track sped by means of a halt signal at practically 80 miles for every hour, 2 times the posted velocity restrict.

Music, a 7-calendar year veteran at the time of the crash, had been suspended without pay out given that he was formally charged with the collision in the Redland that killed Emilio Jesus Vizcaino and was so violent it still left his Nissan Altima and the patrol automobile off the highway and next to a nursery.

Song’s legal professional David Braun convinced jurors his client had the right to speed and ignore a cease indication while he was in pursuit of a stolen 2008 Lincoln MKX that he considered was taken two hours earlier for the duration of a home invasion robbery.

The lawyer also attacked lead Miami-Dade targeted traffic murder Detective Mark Martinez, who admitted to not listening to all of the radio dispatch from the accident, which indicated that Track and other cops were in pursuit of the Lincoln when the fatal crash happened.

“I absolutely would have taken it into consideration experienced I regarded about it,” Martinez stated under cross evaluation after remaining peppered by Braun.

Assistant State Attorney Laura Adams couldn’t influence the six-member jury in Miami-Dade Circuit Judge Ariana Fajardo Orshan’s courtroom that even experienced Tune been chasing a felon, it didn’t give him the suitable to endanger any one. Point out regulation permits emergency motor vehicles privileges like speeding and disobeying prevent signs and visitors lights — but the legislation has limits when it will come to public endangerment.

“The mindful disregard for the basic safety of many others is reckless,” she informed jurors through the state’s closing argument. “This was not a error. This was a acutely aware choice.”

The crash that took Vizcaino’s daily life and still left Song and a rookie he was coaching named Cesar Echevarry hospitalized, occurred at 1:24 a.m. on March 5, 2018, at the intersection of Southwest 260th Road and 147th Avenue. Tune was heading west on 147th when he smashed into the Nissan driven by Vizcaino. Song’s view of Vizcaino as he neared the intersection would have been blocked.

The black box in the patrol vehicle that recorded instruments in the auto indicated Music was touring at 78 mph just a fifty percent-second ahead of the crash. Music and Echevarry were airlifted to Jackson Memorial Healthcare facility. They both of those recovered. Echevarry, though, who briefly testifed in the course of the demo, nevertheless has no recollection of the incident. Track hardly ever took the stand.

Music was not billed in Vizcaino’s death until finally November 2018, far more than 8 months just after the crash. He was suspended without the need of pay in early 2019. His arrest warrant said that Song was not pursuing any one or even responding to a connect with at the time of the incident.

Braun, the officer’s attorney, hammered property to jurors the inaccuracy of the warrant. He explained to them continuously about the 2008 Lincoln and a Ford Fairlane from the exact same 12 months that had been stolen from a Palmetto Bay residence considerably less than two hours right before the deadly crash.

The preliminary call went out as a residence invasion, reported the legal professional, which had Music believing he was chasing a violent felon. And that was on Song’s brain when he radioed dispatch that he thought he experienced seen the Lincoln just ahead of racing through the intersection.

The legal professional performed radio dispatch transmissions from just right before the accident that indicated numerous other officers were being also included in chasing the Lincoln — even though none experienced turned on their overhead lights just before being compelled to redirect their aim on the crash.

In the finish, jurors did not appear swayed by Adam’s argument that it didn’t make any difference whether Music was chasing a felon or not, even if it still left the general public in peril.

“He in fact was engaged in a pursuit and that is these a important level,” Braun explained in closing. “You read individuals radio transmissions you.”

This story was originally printed May possibly 12, 2022 9:21 PM.

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Chuck Rabin, crafting news stories for the Miami Herald for the previous 3 many years, addresses cops and criminal offense. Before that he covered the halls of federal government for Miami-Dade and the town of Miami. He’s protected hurricanes, the 2000 presidential election and the Marjory Stoneman Douglas mass taking pictures. On a random note: Prolonged ahead of people assignments, Chuck was pepper-sprayed masking the disturbances in Miami the morning Elián Gonzalez was whisked absent by federal authorities.





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