Family sues Florida City detective, claims he may have planted gun in fatal 2018 shooting

Relatives have filed a wrongful-death lawsuit against a Florida City police officer who they say fired at least two rounds through the back door of an apartment and killed a 23-year-old named Juvon Simon.

Two years ago, authorities cleared Detective Frantz Hardy in the case, saying he shot Simon as he was reaching for the weapon in his waistband at the doorway of the apartment. But a federal lawsuit filed Thursday contends that Simon was unarmed, and suggests the detective planted the gun to try to justify the killing.

The lawsuit relies on new details from Simon’s friend, who was inside the apartment sitting on a couch.

“Hardy unjustifiably and without provocation shot Juvon three times,” the lawsuit said. “Juvon was not armed. He did not display any sign of aggression towards Hardy. ... There was no direct, immediate threat to Hardy, any citizen or police officer.”

Hardy could not be reached for comment, and it was unclear if he had retained a lawyer to defend the lawsuit. He is currently a member of the Miami-Dade Police Benevolent Association, but the union did not represent him during the shooting investigation because he was not a member at the time.

The lawsuit was filed as protests against police brutality have erupted in cities across the nation over the death of George Floyd, a black man who died after a Minneapolis police officer knelt on his neck. The white officer, Derek Chauvin, has been charged with murder and manslaughter, and three others also face criminal charges.

Largely peaceful protests have also taken place in South Florida, marred only by a smattering of stores looted, some clashes with police and at least one protester shot in the eye with a rubber bullet in Fort Lauderdale.

Both Simon and Hardy are black. The lawsuit names Florida City, Hardy and two other detectives. It was filed by Levy and Youseline Simon, the man’s parents. Over a year ago, they filed a lawsuit in state court in an attempt to get documents and other records related to the shooting.

“This is more likely than not a bad shooting,” said Miami lawyer Rick Diaz, who filed the lawsuit.

That’s not what the Miami-Dade State Attorney’s Office found. Last year, prosecutors cleared Hardy, saying the shooting was legally justified. A final report said Simon was armed and Hardy “feared for his life and considered it necessary to use deadly force.” A final report on the case cites Florida’s fleeing-felon law, which allows officers to fire at a suspected felon evading arrest; in this case, prosecutors concluded, Simon was unlawfully carrying a concealed weapon.

The shooting happened on the afternoon of May 30, 2018, at an apartment on the block of 1400 Northwest Second Avenue in Florida City.

According to police, Hardy was one of three detectives who saw Simon walking on the street “holding onto something in his crotch that appeared to be very heavy.” Hardy and another detective, Marcus Terry, knew Simon from the neighborhood because they’d arrested him under suspicion of being involved in an earlier shooting. The officers followed him, drawing their weapons as Simon walked toward an apartment.

The third detective, Auriz Leza, claimed that Terry yelled out “Police! Stop. Let me see your hands” but Simon kept walking toward the back door of the apartment, began banging on it, and then reached for what appeared to be a firearm from his waistband.

Leza claimed that Hardy yelled out “He’s got a gun!” and then fired. Leza also claimed that as the gunshots rang out, the back door “swung open and Mr. Simon disappeared inside the residence.”

According to the final memo, Leza said he and Hardy entered the apartment and saw the wounded man on the ground, a 9mm near his body. He said they attempted to give Simon first aid, and also found an extended ammo magazine wrapped in a Haitian flag inside his waistband.

Simon’s friend, Breon Lester, was sitting on the couch. According to the state’s report, he said Simon “burst” through the back door, and he heard two shots and ran upstairs. He told detectives he never saw the pistol, or an AK-47 that was found by a refrigerator, according to prosecutors.

Lester told Simon’s lawyers a different story.

He claimed that Simon made it inside the apartment and that Hardy “tried to open the door,” according to the lawsuit. When he couldn’t get in, he fired two rounds through the door, was able to open it, stepped inside and then fired three more rounds at Simon — who was standing at least six feet away.

Lester also claimed that after the shooting, the detective ran back to his police car, retrieved a small bag and hurried back inside the apartment. The suggestion: that Hardy may have “placed [it] there as a ‘throw down’ gun,” to justify the shooting.

Two casings were found outside, and three inside the apartment, according to the lawsuit. The prosecutors’ memo notes only that three casings were found outside. Two bullet holes were found in the back door.

Hardy did not give a statement to Miami-Dade homicide detectives, who investigated the case.

No video footage was found that shows the shooting itself. The lawsuit alleges that “somebody from law enforcement” obtained but erased surveillance footage from nearby apartment buildings that might have shown the moments leading up to the incident.

“The video footage for all three video has been clearly tampered with. The tampering is so obvious, it is ridiculous,” the lawsuit alleges.

This story was originally published June 5, 2020 at 7:00 AM.