Jury awards $3M to family of man killed in crash with MDPD cruiser
MIAMI - A multi-million dollar jury verdict against Miami-Dade Police following a deadly crash involving a bicyclist. For the first time since the decision, CBS News Miami exclusively speaks with the widow of the man killed nearly three years ago.
CBS News Miami's Joe Gorchow spoke exclusively with Jeishy Zerpa. He asked her, "How often do you relive that day?"
"When I wake up on Saturdays, around the same time, I look at the clock and say this is when my life changed," said a tearful Zerpa.
Zerpa's husband, Juan Carlos Martinez, died on the morning of February 27th, 2021. A Miami-Dade Police car hit and killed him as he was out for a morning bike ride in the Redland.
That morning, the body cam footage provided to us by Zerpa's legal team shows what happened in the minutes after the crash.
Martinez's cycling group appeared shaken.
Shortly after receiving a call about the accident, Zerpa says she rushed to the hospital. When she arrived, Zerpa told Gorchow, "He had a sheet that was covering him. I grabbed the sheet off from his body. He was just laying there as if he was sleeping."
A Miami-Dade State Attorney spokesman told CBS News Miami a "review of all the evidence indicated that this was a tragic accident."
The officer involved was never criminally charged.
Zerpa filed a civil lawsuit against Miami-Dade County in September of 2021, seeking damages for negligence on the officer's part.
This week, a jury sided with Zerpa, awarding $3,000,000 for damages to her and their daughter, Miranda.
"I was happy they were able to see and reach that verdict," mentioned Zerpa.
One that cannot heal all wounds.
"I don't think I will ever find closure," said Zerpa.
Zerpa then reflected on the times she watched her husband and little girl spend time playing together.
"Every time I see her playing and doing those things, I can just imagine him doing it," said Zerpa.
She shared a photo that was taken the day before the accident. A picture of dad and baby girl in front of a cake covered in red icing. A lasting memory of a proud father with his nine-month-old baby girl.
Then Gorchow watched as Zerpa twirled her wedding band on her finger as she thought about all the memories she had made. He asked her, "I see you still wear the wedding band. What does the ring mean to you?"
"On our wedding day, Juan Carlos wrote a letter to me," as tears began to fill her eyes. "He said in that letter, as of that day. We were always going to be together. And he closed the letter by saying, don't you ever give up on me because I will never give up on you."
Gorchow asked Miami-Dade police if they plan to appeal. They told him that it's not yet known if one will be coming.
Here's the full statement about the accident from MDPD:
"MDPD's Traffic Homicide Unit conducted an investigation into the fatal crash involving Mr. Juan Carlos Martinez Silva and Officer Bendana. The facts surrounding the crash were provided to the Miami-Dade State Attorney's Office for review. The Miami Dade State Attorney's Office reviewed the facts and on March 15, 2021, determined that no felony charges were to be filed against Officer Bendana. The Miami-Dade Professional Compliance Bureau then began investigating whether any MDPD policies were violated by Officer Bendana. It was ultimately determined that while responding to a call for a theft in progress, Officer Bendana violated departmental policy by activating his emergency signals without authorization and driving between 50-58 miles per hour in a 40-mph zone. While Officer Bendana was traveling down the road, Mr. Martinez Silva tragically fell into the path of the MDPD vehicle driven by Officer Bendana. As Officer Bendana was not found to be at fault for the accident and based on the nature of the violations sustained against him, Officer Bendana was issued a written reprimand for his violation of departmental policy. Officer Bendana is still an officer with the Miami-Dade Police Department."
