Miami-Dade State Attorney Refuses to Close Police Shooting Case

April 4, 2009
By Musca Law on April 4, 2009 10:40 PM |
On January 16, 2004, two teenage boys broke into a Miami home on Southwest 58th Street during the afternoon. The two were going through items in the house when they were confronted by former Miami police officer Jorge Espinosa. The teenagers, Leonardo Barquin, 17, and Rolando Llanes, 18, fled when Officer Espinosa found in them inside a bedroom in the house. Llanes jumped through a window and Barquin tried to follow him, but got struggled to get through. From that point on, the events are in dispute.

Officer Espinosa claims that Barquin threatened his life, pointing a handgun at the police officer. Fearing for his life, Espinosa fired a shot, which went through Barquin's leg. Barquin apparently escaped despite his injury and, as he scaled a fence with the gunshot wound to his thigh, Officer Espinosa says the teen again pointed the gun at him. Espinosa fired the second shot, inflicting another wound upon Barquin. The teenager died from his wounds.

Since Florida police officers can use lethal force, including firing their guns, if their own lives are threatened, Espinosa would be well within the law if his story is accurate. Nonetheless, more than five years later, many in the community remain skeptical - including Barquin's mother. The teens were apparently unarmed, as investigators were unable to locate any weapons. Barquin did not have a handgun on his person or anywhere near him. Why, then did Officer Espinosa believe that Barquin twice raised a gun to him during daylight hours? Some have speculated that Espinosa should be investigated for obstruction of justice and perjury on the theory that he intentionally lied under oath about the threat Barquin posed to him.

What happened on January 16, 2004 remains unclear. Was there ever a handgun? If so, where did it go? And if there was no gun, why did Officer Espinosa say or believe that Barquin was threatening him with one?

The Miami-Dade State Attorney has refused to close the case, although she says that at the conclusion of a "thorough investigation" her office is "unable to file criminal charges" against Espinosa. Officer Espinosa resigned from the force for health reasons two years after the shooting.

The original article is available here.