Family of woman killed in Wynwood police shooting files amended lawsuit after prosecutors decline charges

The family of a 28-year-old woman killed by police gunfire in Wynwood is taking new legal action following the release of bodycam video and a decision by prosecutors not to file criminal charges against the officers involved.

Evelyn Valdes was celebrating her birthday last June when she was struck by police gunfire while sitting in a nearby SUV during a confrontation outside a club. A fight had spilled into the street involving an armed man, prompting officers to open fire and kill both the suspect and Valdes.

State prosecutors cleared the city of Miami police officers of criminal wrongdoing after issuing a closeout memo from the State Attorney's Office. However, the family's attorney, Ray Rasco, said new evidence prompted an amended civil complaint.

"We filed an amended complaint because we received the closeout memo from the state attorney's office; they made a decision not to prosecute. We were not surprised by that decision, but we were very disappointed by that decision," Rasco said.

Rasco argued that officers failed to de-escalate the confrontation before opening fire. While prosecutors stated that officers gave a command, Rasco noted that no command can be heard on the bodycam video.

"They could have used a taser; without asking any questions, without making any statements, they started shooting," Rasco said.

The amended complaint includes additional bodycam video, witness statements, and new details about the shooting in an effort to hold the officers accountable through civil court.

For Valdez's mother, Kristy Garcia, the decision not to pursue criminal charges has compounded her grief.

"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."

"It's sad that the system has failed us. The government has failed us completely," Garcia added. "But it will not be the end of Evelyn; this is not the end of Evelyn."