Evelyn Valdes’ relatives amended their civil case after prosecutors cleared Miami officers and newly released body-camera footage renewed scrutiny of the shooting.
MIAMI, FL — The family of 28-year-old Evelyn Valdes is continuing its push for accountability more than a year after she was killed by Miami police gunfire in Wynwood, filing an amended civil complaint after prosecutors decided that the officers involved would not face criminal charges.
Valdes was celebrating her birthday on June 14, 2025, when she was struck while riding in the back seat of a vehicle near the Electric Lady nightclub. Miami officers had opened fire on 30-year-old Norman Lindo Jr., an armed man involved in an altercation outside the club. Lindo and Valdes were killed, while another person was wounded. The Miami-Dade State Attorney’s Office concluded this month that the officers’ use of deadly force was legally justified.
The decision has left Valdes’ family pursuing accountability through civil court. Attorney Ramon Rasco said the family amended its complaint after receiving the prosecutors’ closeout findings and reviewing additional evidence, including body-camera footage and witness information. The family argues that officers acted recklessly by firing on a crowded Wynwood street and disputes parts of the official account of the confrontation.
The State Attorney’s Office investigative report, signed Oct. 13 by State Attorney Katherine Fernandez Rundle, examined the actions of Miami police Sgt. Jose Cabrera, Sgt. Javier Herbello and Officer Dorian Acosta. Prosecutors concluded that the officers reasonably believed Lindo posed an immediate threat while armed in a crowded area and that deadly force was justified under the circumstances.
According to the prosecutors’ account, officers encountered Lindo outside the nightclub after an altercation and ordered him to drop his firearm. When he did not comply, officers opened fire. Lindo was struck several times and later died at a hospital. Valdes, who was in a nearby vehicle leaving the area, was also struck by police gunfire and later died. A nightclub manager was wounded and survived.
Body-camera footage released after the prosecutors’ decision has become a central point of disagreement. Video reported by local news organizations shows Herbello firing, while footage from Acosta’s camera initially has no audio. Audio begins after shots are fired, when Acosta can be heard directing Lindo to show his hands and alerting other officers to a gun beneath him. Rasco has argued that the available footage does not support the family’s understanding of prosecutors’ assertion that officers gave a command before opening fire.
The family’s civil claims predate the prosecutors’ decision. Valdes’ mother, Kristy Garcia, filed a federal lawsuit naming the city of Miami, officers and other parties connected to the nightclub. The complaint alleges excessive force, wrongful death and negligence and contends officers fired across a crowded street without taking reasonable steps to de-escalate the confrontation. Those allegations remain claims in civil litigation and have not been established by a court.
Garcia has repeatedly said she wants accountability for her daughter’s death. Following the decision against criminal charges, she questioned how the shooting could be considered justified when Valdes, an uninvolved civilian, was killed by police gunfire. The family has also criticized what its attorney described as a lack of transparency surrounding the investigation and the release of evidence.
Prosecutors reached a different conclusion about the officers’ conduct. Their closeout findings said Lindo was aggressively displaying a firearm on a crowded street and that officers could reasonably have believed their lives or the lives of others were in danger. The finding closed the criminal review without charges against Cabrera, Herbello or Acosta, but it does not resolve the separate civil allegations brought by Valdes’ family.
The amended civil complaint now represents the family’s continuing avenue for seeking accountability. The newly released footage, witness information and prosecutors’ findings are expected to remain important parts of the dispute as the case proceeds. No court has yet determined liability for Valdes’ death.
Author note: Last updated October 28, 2026.