Civil jury clears Miami-Dade cop who fatally shot armed neighbor during undercover stakeout

A Miami-Dade police detective on an undercover stakeout did not violate a suspicious neighbor’s civil rights when he shot and killed the man during a confrontation, a federal jury has decided.

Jurors on Tuesday afternoon sided with Detective Miguel Carballosa, who claimed self-defense in fatally shooting David Alexis, 26, in October 2012. The 10-person jury deliberated about four hours and voted unanimously in declining to award Alexis’ estate damages.

Lawyers for Carballosa said Alexis was armed with a gun and confronted Carballosa, who was in an unmarked truck while watching a house on the same block in North Miami-Dade in a unrelated police investigation.

“He had a split second to decide whether to live or die,” Miami-Dade County Assistant Attorney Bernie Pastor, who represented Carballosa, told jurors during opening statements last week. “When you have a man pointing a gun at you, as an officer, you shoot.”

The civil trial against Carballosa unfolded as there has been increased national scrutiny on law-enforcement use of force, particularly against African-American men. Civil trials in South Florida are rare against police officers, who are often granted immunity for using deadly force while on duty.

Miami-Dade state prosecutors, several years ago, also cleared Carballosa of any criminal charges.

On the night of the shooting, Alexis had returned to his North Miami-Dade home from his job transporting patients at Northshore Medical Center. As he opened the gate of the house to back into the driveway, he noticed a suspicious white truck with tinted windows parked across the street.

Alexis, who had a concealed weapons permit, went to investigate. Within seconds, a confrontation unfolded and Carballosa got out, shooting Alexis five times, some of the bullets hitting him in the side and back.

Alexis’ gun was found on the street.

His lawyer, Pete DeMahy, told jurors that Alexis had no idea that Carballosa was a police officer because he was wearing all black. He also suggested that Alexis was not armed — and that the cop took the gun out of Alexis’ truck and planted it on the pavement, something the officer denied.

During the trial, a plaintiff’s expert, former Philadelphia police inspector Joseph Stein, testified that Carballosa should have driven away instead of confronting Alexis.

But the officer’s own expert, former Leon County Sheriff Ken Katsaris, testified that Carballosa acted properly to counter a dangerous threat. Carballosa himself also took to the witness stand.

This story was originally published September 25, 2019 at 2:24 PM.