‘Why shoot him?’ Crump sues Broward city over police encounter that paralyzed naked man
For almost two years, Michael Ortiz has been distraught. One decision, which many would usually consider life-saving, ended up costing him his life as he knew it: calling 911.
“My mom’s taking care of her son that is more than 40 years old and she’s treating me like I’m six months old, changing diapers,” Ortiz said as he looked toward the ground.
His lawyers this week sued the city of Hollywood in federal court over use of force, which left Ortiz paralyzed after he was shot by Hollywood police.
Civil rights attorney Ben Crump, Hunter Shkolnik of Napoli Shkolnik PLLC and Sue-Ann Robinson of Robinson Caddy Law announced Wednesday that they filed a lawsuit against the city and officers involved in firing at Ortiz during a mental health emergency.
“Michael Ortiz needed a helping hand but what he got was a bullet to the back,” Crump said.
The city referred inquiries on the new lawsuit to communications manager Joann Hussey, who was not available to comment on Wednesday afternoon.
On July 3, 2021, Ortiz told 911 operators that he had chest pain.
When police arrived at his apartment, Ortiz, 43, went outside naked, threatening to jump from his sixth-floor balcony. Officers described his demeanor as “visibly agitated” and “combative” with paramedics.
An officer restrained Ortiz after shooting him with a stun gun. But a struggle followed as police escorted him down the building’s stairs.
That’s when one of the officers pulled out his gun and shot Ortiz, who now must use a wheelchair.
“The video tells you everything you need to know about how unjustified this tragedy was,” Crump said. “He’s naked. Why shoot him?”
READ MORE: A naked man was shot in the back and paralyzed. A Hollywood police officer is charged
In 2022, an investigation by the Florida Department of Law Enforcement and the Broward County State Attorney’s Office found that Hollywood police officer Henry Andrews, 50, was criminally responsible for shooting Ortiz. Andrews was charged with one count of culpable negligence, which can be punishable by up to a year in prison. He is awaiting trial on the charge.
Andrews’ attorney Jeremy Kroll has said that the shooting was an accident and that the officer intended to use his Taser stun gun to subdue Ortiz.
READ MORE: Hollywood officer who paralyzed man intended to use a Taser, not gun, police say
“Henry Andrews has been a dedicated public servant for 20 years,” Kroll told the Miami Herald Wednesday. “In responding to a difficult and chaotic situation, Officer Andrews intended to deploy his taser and mistakenly discharged his firearm. There was absolutely no intent to harm in this case. He and his family continue to have Mr. Ortiz in their thoughts and prayers.”
However, Ortiz’s attorneys argue that the shooting couldn’t have been an accident because Andrews’ Taser was yellow — and was placed on the opposite side of his gun on his duty belt.
“We’re going to show that this is not negligence,” Shkolnik said. “This is an excuse that we’re seeing pop up across the country when innocent people... are getting shot by police. The new excuse is: ‘I made a mistake. I pulled the wrong gun.’”
Since the incident, Ortiz has racked up about $3 million in hospital bills, Shkolnik said. But the legal team said they don’t plan to let the city off the hook by covering his medical costs. They seek “multiples of the $3 million” and consider naming more defendants as the legal process moves forward.
“We just want justice for Michael Ortiz,” Robinson said. “He’s not asking for anything that’s different or better or special. He’s asking for what’s appropriate in a case like this.”
This story was originally published March 1, 2023 at 4:50 PM.
