Prosecutors have decided not to file charges against an Orlando police officer initially deemed to be “at fault” in a crash that killed a grandmother on her way home from “Bingo” night.
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The crash at the intersection of South Semoran Boulevard and Hoffner Avenue occurred about 1:50 a.m. Jan. 18 and led to the death of Milagros “Millie” Ortiz, 92, who is survived by three children, 10 grandchildren, 18 great-grandchildren and two great-great-grandchildren.
A third great-great grandchild was born after her death.
The officer, Andrew McKuhen, had stopped at a red light but then drove through it, striking a car in which Ortiz was a passenger.
“We understand that conclusion will be painful for those who loved Ms. Ortiz,” read a statement sent Monday afternoon from State Attorney Monique Worrell’s spokesperson, Kevin Harris. “We do not ask them to accept it easily. We only ask that they know it was reached with diligence, with seriousness, and with full awareness that a real person — their person — did not come home.”
The decision was first reported by WESH TV.
Evelyn Alicea, Ortiz’ daughter, said Monday the family did not want to discuss the conclusion until meeting with their attorney Ben Crump.
She and her siblings said their mom acted decades younger than her age. She loved to dance and revel with a group of “bingueras” who met weekly for an evening of food, fun and their favorite game.
Orlando police car runs stoplight, kills ‘dancing’ grandma
In a Facebook post Feb. 3, Crump said, “We won’t let 92-year-old Milagros Ortiz’s death be swept under the rug! She died after a crash involving an on-duty Orlando Police cruiser two weeks ago. The lack of transparency from the Orlando Police Dept. is unacceptable.”
He called for an independent inquiry.
Worrell said in the statement that her office conducted a thorough review of law and evidence, including traffic camera footage, surveillance video from a nearby convenience store’s cameras, data from an electronic recorder in officer McKuhen’s police vehicle and witness statements.
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She said evidence does not support a charge of vehicular homicide, revealing that McKuhen activated his emergency flashers as he went through the red light in pursuit of a driver he witnessed committing a traffic violation.
“That charge requires proof beyond a reasonable doubt that a defendant operated a motor vehicle with reckless disregard — defined under Florida law as willful or wanton disregard for the safety of persons or property,” Worrell’s statement read. “The evidence shows Officer McKuhen was on duty, observed a vehicle commit an illegal U-turn, activated his emergency lights upon entering the intersection, and proceeded with caution. Physical data from his vehicle’s Electronic Data Recorder confirms his speed remained below 20 miles per hour until two seconds before impact…No evidence establishes that he drove with the willful or wanton disregard Florida law requires for criminal liability. ”
The initial, official report on the accident said the cruiser “was at fault for the collision due to failure to yield right of way.” But Worrell said in her statement that a crash report finding of fault, or failure to yield the right of way, does not constitute reckless driving under Florida law.
Worrell noted the fatal crash was never referred to her office for prosecution.
“We proactively requested the investigation because we believe it is our responsibility — not merely our prerogative — to ensure that the questions of grieving families and a watchful community are answered, and that accountability is never left to institutional inertia,” she said in the statement. “When a member of the public is killed in a collision involving a law enforcement officer, this Office will examine the evidence. Not because we are required to; but because it is the right thing to do.”
Orlando police officers have been involved in multiple dangerous driving situations leading to deadly crashes in the last few years.
In February 2023, 28-year-old Delmy Alvarez, a mother of two was killed after an out-of-policy police pursuit in Parramore ended with the suspect running a red light on West Anderson Street and smashing into her car as she moved into the intersection. In early 2025, the victim was 56-year-old Gerald Neal, a pedestrian who was run over twice as an unmarked police truck chased a vehicle in Holden Heights over an unreadable license plate. That chase also failed to meet the requirements of OPD’s pursuit policy.
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