The mother of a young woman killed in a police crossfire in Wynwood has filed an amended complaint against the Miami-Dade State Attorney’s Office.
The filing details much of the deadly incident and comes weeks after prosecutors declined to charge the officers involved in the shooting of 28-year-old Evelyn Valdes.
“I’m angry, yes. I’m very angry,” said Kristy Garcia, the victim’s mother. “And it’s sad that the system has failed us. The government has failed us completely.”
“Definitely trying to cover up something,” said Joe Valdes, the victim’s sister.
Evelyn’s family and attorney said newly obtained body camera and surveillance footage tell a different story than what the state attorney’s office said occurred on June 14, 2025.
Attorney Ramon Rasco said the amended complaint alleges excessive force by the police officers, arguing they opened fire on the armed man without first trying to de-escalate the situation.
“There is no command on either one of those videos. There’s no audio showing that they issued those commands before they started shooting, despite what the state attorney’s office says,” said Rasco.
Evelyn was an innocent bystander driving inside her car while out celebrating her birthday when she was struck by a stray bullet from the police crossfire against an armed man.
The shooting occurred outside a club on Northwest 23rd Street in Miami’s Wynwood section. Miami Police responded to a report of a problematic customer. Upon arrival, video shows a crowd outside the club, then the camera catches a glimpse of a man dressed in all white standing at the side of the street.
The man appears to be in the middle of an argument and is holding a gun in his right hand by his side.
Officers retreat, but moments later, shots were fired, and the armed man was hit.
As officers remove the gun from the man on the ground, they are unaware that the crossfire also hit an innocent woman who was sitting in her vehicle nearby.
Rasco said the new footage also includes a body-camera view from one of the officers and city surveillance video from across the street. He said Sergeant Herbelo, who he said fired the most shots, is heard telling another officer not to speak to anyone immediately after the shooting.
Since the 28-year-old’s death, the family has been seeking justice and accountability. Earlier this month, prosecutors said they would not charge the officers involved.
“We were not surprised by that decision, but we were very disappointed by that decision,” said Rasco.
Evelyn’s brother says he believes officials are trying to protect the officers.
“They’re definitely trying to find a way to protect these officers that were involved,” said Joe.
Garcia told 7News that prosecutors’ decision will not be the end of the story.
“But this will not be the end of Evelyn. This is not the end of Evelyn,” she said.
