Jurors clear Miami-Dade cop of vehicular homicide four years after crash left man dead

A Miami-Dade police officer, whose patrol automotive wreck 4 years in the past led to the dying of a person driving the opposite car, was cleared of any wrongdoing by jurors Thursday after the officer’s legal professional attacked the lead detective within the case for ignoring potential proof.

After about 90 minutes of deliberation, jurors cleared Officer John Tune of fees of vehicular murder, reckless driving and a pair of counts of damaging property. The March 2018 accident in deep South Miami-Dade occurred when Tune sped by a cease signal at nearly 80 miles per hour, twice the posted velocity restrict.

Tune, a seven-year veteran on the time of the crash, had been suspended with out pay since he was formally charged with the collision within the Redland that killed Emilio Jesus Vizcaino and was so violent it left his Nissan Altima and the patrol automotive off the street and subsequent to a nursery.

Tune’s legal professional David Braun satisfied jurors his shopper had the precise to hurry and ignore a cease signal whereas he was in pursuit of a stolen 2008 Lincoln MKX that he believed was taken two hours earlier throughout a house invasion theft.

The legal professional additionally attacked lead Miami-Dade site visitors murder Detective Mark Martinez, who admitted to not listening to the entire radio dispatch from the accident, which indicated that Tune and different cops had been in pursuit of the Lincoln when the lethal crash occurred.

“I undoubtedly would have taken it into consideration had I identified about it,” Martinez mentioned beneath cross examination after being peppered by Braun.

Assistant State Legal professional Laura Adams couldn’t persuade the six-member jury in Miami-Dade Circuit Choose Ariana Fajardo Orshan’s courtroom that even had Tune been chasing a felon, it didn’t give him the precise to hazard anybody. State legislation permits emergency automobiles privileges like rushing and disobeying cease indicators and site visitors lights — however the legislation has limits with regards to public endangerment.

“The aware disregard for the protection of others is reckless,” she advised jurors in the course of the state’s closing argument. “This was not a mistake. This was a aware determination.”

The crash that took Vizcaino’s life and left Tune and a rookie he was coaching named Cesar Echevarry hospitalized, occurred at 1:24 a.m. on March 5, 2018, on the intersection of Southwest 260th Road and 147th Avenue. Tune was heading west on 147th when he smashed into the Nissan pushed by Vizcaino. Tune’s view of Vizcaino as he neared the intersection would have been blocked.

The black field within the patrol car that recorded devices within the automotive indicated Tune was touring at 78 mph only a half-second earlier than the crash. Tune and Echevarry had been airlifted to Jackson Memorial Hospital. They each recovered. Echevarry, although, who briefly testifed in the course of the trial, nonetheless has no recollection of the accident. Tune by no means took the stand.

Tune wasn’t charged in Vizcaino’s dying till November 2018, greater than eight months after the crash. He was suspended with out pay in early 2019. His arrest warrant said that Tune was not pursuing anybody and even responding to a name on the time of the accident.

Braun, the officer’s legal professional, hammered house to jurors the inaccuracy of the warrant. He advised them repeatedly concerning the 2008 Lincoln and a Ford Fairlane from the identical yr that had been stolen from a Palmetto Bay house lower than two hours earlier than the deadly crash.

The preliminary name went out as a house invasion, mentioned the legal professional, which had Tune believing he was chasing a violent felon. And that was on Tune’s thoughts when he radioed dispatch that he believed he had seen the Lincoln simply earlier than racing by the intersection.

The legal professional performed radio dispatch transmissions from simply earlier than the accident that indicated a number of different officers had been additionally concerned in chasing the Lincoln — although none had turned on their overhead lights earlier than being compelled to redirect their give attention to the crash.

Ultimately, jurors didn’t appear swayed by Adam’s argument that it didn’t matter whether or not Tune was chasing a felon or not, even when it left the general public in peril.

“He really was engaged in a pursuit and that’s such a crucial level,” Braun mentioned in closing. “You heard these radio transmissions your self.”

This story was initially revealed Could 12, 2022 9:21 PM.