The Miami Beach Police Department has declined to comment on this case.
The two-year investigation, which has been dogged by controversy, is now in the hands of the Miami-Dade state attorney, who will decide whether the 12 officers who fired their semi-automatic weapons into Herisses vehicle committed criminal negligence by shooting in an area filled with streams of tourists.
Four people, two men and two women, were caught in the gunfire. They continue to suffer long-term injuries from their wounds and have received no financial assistance for their medical bills from the city. The police department, which conducted the probe, has refused to give details of the investigation, including whether the bystanders were shot by officers or someone else.
Gunshot residue tests have shown that Herisse did not fire a weapon that day. A gun was found under a seat in his car by police three days later.
Miami Beachs Fraternal Order of Police has said the shooting was justified because Herisse, who was drunk, posed a lethal danger to the officers and others. Veteran law enforcement officers have said that Miami Beach police acted appropriately, given the nightmare they were confronting that morning: an out-of-control vehicle moving toward a crowd of people as gunfire was erupting from an unknown source.
The audio files show that Miami Beach police and other officers from assisting agencies were first alerted to the incident when a Hialeah police officer reported a fleeing vehicle driving at a high rate of speed southbound on Collins Avenue at 660 Street, which the dispatcher quickly figured out is 16th Street.
Officer 1: Hialeah 200 priority theres a vehicle fleeing southbound on Collins at 660 Street.
Officer 2: I believe he struck one of the officers.
Dispatcher: Vehicle description?
Dispatcher: Attention units: silver Hyundai heading southbound from 16th Street and Collins.
Officer 3: Shots fired! Shots fired! Vehicle fleeing at high rate of speed Espanola and Collins Avenue!
Officer 4: 14th ,14th and ...Collins shots fired!
Officer 5: Shots fired shots fired! Doesnt know why shots fired!
As the vehicle continues south, and officers report its location, the barrage of gunfire in the background sounds like the finale of a fireworks display.
Officer 6: 13th and Collins, car stopped.
Officer 7: Wheres the subject? Wheres the subject?
Officer 6: In the vehicle...at gunpoint...
And suddenly another blast.
Dispatcher: Multiple shots, multiple shots, 1400 block of Collins.
Officer 8: Were going to need fire rescue on a 3...
After that, paramedics and police officers scramble to one gunshot victim after another: man shot in the chest, woman shot in the arm, man shot in the hip, another woman shot in the arm. Streets are cleared, additional fire rescue units are called. Perimeters are cordoned off, SWAT is brought in, streets are blocked and witnesses are questioned.
Two of the officers involved in the shooting are transported to the hospital because the gunfire affected their hearing. No mention is made of the Hialeah officer who reported that he was struck by Herisse.
At the time of the shooting, police said Herisse ignored orders to pull over, struck a Hialeah officer and nearly struck several other officers as he sped down Collins slamming into barricades and cars. Video shot by a witness and posted on YouTube shows the car lurching down Collins amid gunfire and coming to a stop. A contingent of police officers surround the vehicle with their guns drawn and about a minute later open fire.
Herisse, 22, of Boynton Beach, was shot 16 times. Eight Miami Beach and four Hialeah officers were involved. Lawyers for the victims say the officers used excessive force. Three of them, as well as Herisses family, have filed suit against the city.
Its chilling, Porter said. But I still dont think we have the whole story of what happened.