Civil rights lawyer Ben Crump announced Thursday he would file a $92 million lawsuit in federal court aimed at holding Orlando police accountable for the death of Millie Ortiz, a great-great grandmother killed in a crash in January caused by one of their officers.
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The figure represents $1 million for each of the lively Ortiz’ 92 years, the lawyer said.
“We’re going to get to the truth for Millie, we’re going to get justice for Millie,” said Crump, surrounded by Ortiz’ large extended family, all wearing white T-shirts bearing a photo of her, flanked by angel wings, at the Macedonia Missionary Baptist Church in Eatonville.
The lawyer invoked other recent officer-involved crashes that took the lives of people the police were not chasing.
He referred to the February 2023 death of 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.
He also cited the death of 56-year-old Gerald Neal, a pedestrian who was run over twice last year as an unmarked police truck chased a vehicle in Holden Heights with an unreadable license plate. That chase also failed to meet the requirements of OPD’s pursuit policy, which allows such a risky procedure only if the suspect is believed responsible for a forcible felony.
Officers in each of those cases were disciplined with “a slap on the hand,” Crump said, referring to their short suspensions.
“Your actions speak louder than your words,” he said, referring to Orlando city and police officials. “If you’re never going to hold anybody accountable for taking the lives of citizens that you swore to protect and serve then whatever you say rings hollow.”
Milagros Ortiz, known to family and friends as Millie, was a vigorous widowed great-great grandmother who loved dancing, parties and Bingo gatherings with friends that often stretched past midnight, her daughters said.
She was fatally injured about 1:50 a.m. Jan. 18 when a police SUV drove through a red light at Hoffner Avenue and South Semoran Boulevard and plowed into a Jeep Wagoneer in which Ortiz was a front-seat passenger headed home after a night out with a group of “bingueras.”
Taken by ambulance to the hospital, she died the following day.
Orlando police officer Andrew McKuhen had initially stopped at the red light, but then drove through it to go after a motorist who had made an illegal U-turn, authorities said.
McKuhen was deemed at first to be the “at fault” driver in a department investigation due to his failure to yield right of way.
No charges for Orlando cop in ‘dancing’ grandmother’s death
But State Attorney Monique Worrell opted against filing charges against him after a review of the incident and video evidence, including traffic camera footage, videos from a nearby convenience store’s security cameras and data from an electronic recorder in the officer’s SUV.
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The review was conducted by assistant state attorney Brian Hagner, who serves as chief of Worrell’s traffic homicide division.
While expressing sympathy to Ortiz’ family, she said evidence does not support a charge of vehicular homicide.
“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 said in a statement emailed to reporters. “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.”
Video shows his SUV’s emergency lights turned off before the collision. A witness said the police vehicle’s siren never sounded.
Orlando Police Chief Eric Smith, who has not made himself available to discuss the fatal crash with the Orlando Sentinel or TV reporters, appeared last month on the Patrick Carr podcast and laid some blame on what he called the police vehicle’s faulty lights.
OPD now says faulty emergency lights, not officer’s errant driving, may have led to grandmother’s death in crash
Speaking on the podcast, Smith emphasized the State Attorney’s memo found “no criminal recklessness” in McKuhen’s actions.
He also noted the officer previously reported issues with the SUV.
“He brought it in himself three times to say, ‘Hey, my lights aren’t working,’ ” the chief said.
Crump said lawsuit will also name the manufacturer of the vehicle’s electronics as a defendant.
During the press conference, Ortiz’ daughters and granddaughters described her as “the heartbeat of their family.”
Judy Santiago, a daughter, said her mother did not act her age.
“She was a party person. She was the teen-ager,” said Santiago, 64.
Ortiz is survived by three children, 10 grandchildren, 18 great-grandchildren and three great-great-grandchildren, including one born after her death. She was preceded in death in 2011 by her husband, Antonio, to whom she had been married for more than 58 years.
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