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Family files lawsuit against Miami-Dade County after man shot dead by police on his own property

MIAMI-DADE COUNTY, Fla. – The woman who says Miami-Dade police officers shot and killed her father on the family’s own property has filed a wrongful death lawsuit against Miami-Dade County, according to court documents obtained by Local 10 News on Friday.

“This lawsuit presents claims for damages for the wrongful death of 59-year-old Osvaldo Cueli, brought by Gabriela Cueli, the decedent’s daughter,” state attorneys Domingo Rodriguez, Roberto Pertierra, and Michael Maguire in a complaint filed late Friday.

Read the lawsuit here:

The lawsuit argues that Miami-Dade County is liable “by negligently failing to have proper procedures for police encounters and the use of force during encounters, and negligently failing to provide property training and supervision.”

You may recall the suit pertains to a police shooting case from November 29, 2023, just days after Thanksgiving.

In a series of exclusive interviews and cellphone video Local 10 News shared with community members, Gabriela Cueli, and Osvaldo Cueli III, Gabriela’s brother who said he witnessed the encounter between police and his late father, explained their heartbreaking view of the shooting.

“I was face-to-face with his body. I saw his eyes roll back into his head. They never once tried to save him,” she said.

“No lights, no uniforms,” said Osvaldo Cueli III. “Plain clothing and a holster, just like my dad was dressed.”

The Cueli family said they are still seeking a full accounting of the events leading up to the death of Osvaldo Cueli.

“I am still in shock, I am still scared. We just want justice for my dad is all,” Gabriela Cueli told Local 10 News back in February, adding that justice, in her opinion, would be, “for them to lose their job and go to jail.”

In a statement at the time of our initial report in February, Miami-Dade police said “no information can be disclosed” because there is still an open “professional compliance bureau investigation.”

A spokesperson for the Florida Department of Law Enforcement told Local 10 News that their investigation remains active “and no conclusions have been made.”

Police said the officers involved in the shooting took their allotted three administrative days following the incident and have since returned to full duty.

Additionally, the police department has not fulfilled Local 10 News’ request for the 911 calls that sparked the officers’ response nor accepted an invitation to address the friction between their account and the family’s video and account.

Local 10 News has also reached out to Miami-Dade police and the office of Miami-Dade County Mayor Daniella Levine Cava for a statement.

Related link: Attorney, former cop on fatal police shooting: ‘A lot of pieces of the puzzle that are missing’ “Local 10 obtains new video showing victim still alive with no officers rendering aid, walking over body.”

Police said the officers involved in the shooting took their allotted three administrative days following the incident and have since returned to full duty.

Miami-Dade police have not provided any additional information on the case despite all the questions about the case, including whether casings were found inside the officer’s unmarked unit.

Additionally, the police department has not fulfilled Local 10 News’ request for the 911 calls that sparked the officers’ response nor accepted an invitation to address the friction between their account and the family’s video and account.


About the Author
Christina Vazquez headshot

Christina returned to Local 10 in 2019 as a reporter after covering Hurricane Dorian for the station. She is an Edward R. Murrow Award-winning journalist and previously earned an Emmy Award while at WPLG for her investigative consumer protection segment "Call Christina."

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