Crime

Miami Instacart shopper raped teen Publix employee in the store’s parking lot, cops say

Part of the front parking lot of the Publix at Plaza Alegre, 14630 SW 26th St. A 15-year-old Publix employee told police she was raped somewhere in the Plaza Alegre parking lot on a Saturday afternoon in November.
Part of the front parking lot of the Publix at Plaza Alegre, 14630 SW 26th St. A 15-year-old Publix employee told police she was raped somewhere in the Plaza Alegre parking lot on a Saturday afternoon in November. dneal@miamiherald.com

A 15-year-old girl told police that after working a Saturday shift at a Publix in West Miami-Dade, she was raped in the store’s parking lot by an Instacart shopper.

The delivery driver, 36-year-old Victor Fernandez, now sits in Miami-Dade Corrections custody, charged with sexual battery on a 12 to 17-year-old by an adult; lewd and lascivious molestation of a child aged 12 to 16 and lewd and lascivious conduct with a child under 16 years old. Fernandez was granted no bond.

“We are appalled by this act of violence, and our hearts are with the survivor during this difficult time,” Instacart said in a statement. “This shopper has been suspended from our platform and we will fully cooperate with law enforcement on their investigation.”

Asked if the Publix had any comment and what they would be doing to help the teen girl through this, the company sent a statement: “We do not comment on open investigations.”

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Fernandez was arrested Wednesday. But an arrest report reveals the Saturday in question was Nov. 4., the time was around 1:30 p.m. and the Publix was at 14630 SW 26th St. in Plaza Alegre. Instacart says Fernandez wasn’t actively shopping at that time.

After wrapping up her shift, the girl said she got into Fernandez’s car and they chatted casually. Fernandez, she said, then kissed her on the lips without permission, drove to another area of the parking lot before molesting and raping her.

The area on the east side of the Plaza Alegre strip mall and, in the distance, the east side of a Wells Fargo branch, which is closed on the weekends. The teen Publix worker said she was driven to part of the Plaza Alegre parking lot and raped.
The area on the east side of the Plaza Alegre strip mall and, in the distance, the east side of a Wells Fargo branch, which is closed on the weekends. The teen Publix worker said she was driven to part of the Plaza Alegre parking lot and raped. DAVID J. NEAL dneal@miamiherald.com

Fernandez’s version, according to the report, also starts with her getting into his car and talking. He said she asked him to drive to another part of the parking lot.

The rest of Fernandez’s account of events is redacted in the arrest report.

The rear of the Plaza Alegre strip mall.
The rear of the Plaza Alegre strip mall. DAVID J. NEAL dneal@miamiherald.com

Instacart considers its shoppers independent contractors who use personal automobiles so there’s no surveillance tools installed on the cars.

This story was originally published January 11, 2024 at 5:50 PM.

David J. Neal
Miami Herald
Since 1989, David J. Neal’s domain at the Miami Herald has expanded to include writing about Panthers (NHL and FIU), Dolphins, old school animation, food safety, fraud, naughty lawyers, bad doctors and all manner of breaking news. He drinks coladas whole. He does not work Indianapolis 500 Race Day.
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