MIAMI – A 62-year-old woman who says she was sexually assaulted inside her Brickell apartment earlier this month is suing multiple companies tied to the SoMa at Brickell complex, alleging they failed to provide adequate security and allowed her attacker to access the building.
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The woman, referred to in the lawsuit as Jane Doe to protect her identity, filed suit in Miami-Dade County against several companies connected to the apartment complex, located near the 140 block of Southwest 13th Street, according to court documents obtained by Local 10 News on Tuesday.
The lawsuit filed last Wednesday names GS Brickell Project Owner, LLC, doing business as SoMa at Brickell; Monogram Residential Brickell Project Owner, LLC; Greystar Real Estate Partners GP, LLC; and Greystar Management Services, LLC.
The complaint seeks damages in excess of $50,000 and alleges that the companies neglected to fix broken security systems, failed to properly staff and equip security personnel, and ignored warnings about unauthorized individuals accessing the property — all of which, according to the suit, created conditions that led to the alleged attack on May 4.
According to Miami police, Jorge Armando Ortega, 46, who is listed as homeless in an arrest report, was discovered hiding in a closet inside the victim‘s apartment as she was cleaning after returning from grocery shopping.
Authorities said Ortega grabbed the woman when she screamed, covered her mouth, and dragged her into the bedroom, where he began sexually assaulting her.
The report stated that the woman told investigators that Ortega licked her breasts without consent and attempted to rape her.
Investigators said she eventually fought back with scissors that she grabbed from a nightstand, but Ortega struck her repeatedly and overpowered her, according to the report. He then forced her to stay on the couch for hours while he smoked cigarettes, drank water, and demanded food, authorities said.
The victim‘s ordeal ended around midnight when her son called.
Police said Ortega warned the victim not to answer and threatened to kill her.
They said he then fled the scene when he learned her son was on his way home. Before leaving, police say Ortega placed a plastic rose on the coffee table and said, “This is for you.”
The next morning, Ortega was found asleep on the couch of another apartment in the same building, according to police.
Two female residents, ages 22 and 24, said they were shocked to discover the man in their living room. One of the women said she found a bag beside him that contained lotion, lighters, and condoms, according to police.
Ortega was arrested on May 5 and faces multiple felony charges. Authorities say none of the victims had any prior connection to him.
The lawsuit against the building’s ownership and management states that Doe was a lawful guest on the property, visiting her son who lives at the complex.
It claims that the defendants “knew or should have known” the building was located in an area with increasing violent crime and should have implemented stronger security measures.
According to the complaint, the companies failed to address several security-related issues, including:
• “Repairing or replace broken fob access locks allowing unauthorized entry on to the property even after being advised of the security breach by the tenants of the property.”
• “Implementing reasonable security measures at the subject apartment building, even after being notified of vagrants entering the property and sleeping on the hallway floors in front of tenant’s unit.”
• “Employing an adequate security company to deter, prevent, de-escalate, and/or neutralize criminal attacks.”
• “Selecting security guards who were sufficiently competent to intervene in the event of a criminal attack.”
The lawsuit also alleges that the companies were notified on Feb. 24 — more than two months before the assault — by a tenant that vagrants were accessing the building through broken entry systems and sleeping in hallways.
Despite this warning, the companies allegedly “did nothing to correct the urgent issue,” and access points remain broken.
The complaint refers to the suspect as Jose Ortega, but the Miami Police Department listed the suspect’s name as Jorge Ortega in his arrest report.
Authorities said the victim was treated by Miami Fire Rescue for bruising and cuts to her shoulder. They said she later identified Ortega in a police photo lineup. The suit contends her attack was preventable and stemmed from a long-standing disregard for safety.
“Defendants had actual notice of the dangers posed to residents and guests at SoMa, yet failed to take basic and reasonable steps to protect them,” the lawsuit states.
The lawsuit remains pending in Miami-Dade Circuit Court.
As of Tuesday, Ortega was being held without bond at the Turner Guilford Knight Correctional Center.
Jail records show he faces charges of attempted sexual battery causing serious injury, kidnapping, burglary with assault or battery, burglary of an occupied dwelling, and two counts of drug possession in connection with the case.
A stay-away order was issued, requiring Ortega to have no contact with the three victims — directly, indirectly, by email or on social media. He must also stay away from the apartment complex where the alleged incidents occurred.
The victim who filed the lawsuit is being represented by the Obront, Corey & Schoepp law firm.
Read the complaint here:
