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 The decision hinged on Florida law authorizing Officer Jorge
Mercado to use force to arrest a fleeing suspect and to protect
himself, after he told investigators the artist, Israel
Hernandez-Llach, was running toward him during a chase.
"Officer Mercado would have been justified in the use of 'any'
force," according to the 38-page report by the Office of the State
Attorney for the 11th Judicial District.
In a separate statement, State Attorney Katherine Fernandez Rundle
noted that a medical examiner had also determined the death was
accidental, leaving "little legal room to pursue any possible
criminal charges."
She added: "Our extensive investigation determined that the sad
tragedy of this situation is that no one involved intended or
anticipated any serious injury occurring to this young man."
Jorge Estomba, a spokesman for the artist's family, said in a
statement: "The family will continue the fight to have justice on
behalf of their slain son."
Police found Hernandez-Llach spray-painting an abandoned Miami Beach
McDonald’s restaurant in the early hours of Aug. 6, 2013.
He was ordered to stop several times as police followed him through
alleyways, a building, and over a fence where he fell, injuring
himself, police said at the time.
After Hernandez-Llach was tased, officers laughed and high-fived as
he lay motionless on the ground, witnesses said. Once in custody, he
displayed signs of medical distress and was soon pronounced dead.
Some of Hernandez-Llach’s friends said in media interviews that the
group had smoked marijuana that night before deciding to
spray-paint.
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Hernandez-Llach had remnants of a hallucinogen in his brain tissue,
according to a medical examiner’s report.
Known by his nickname “Reefa,” Hernandez-Llach won notice for his
graffiti work as well as sculpture and painting. Graffiti with that
name as well as a misshapen flower in his memory have appeared on
traffic signs and buildings across Miami.
Mercado, placed on leave after the incident, has returned to duty,
according to a Miami Beach Police Department spokeswoman.
Miami Beach police chief Daniel Oates said the incident would now be
evaluated by an internal affairs investigation. "We will evaluate
the actions of our officers that day and whether our tactics,
training and equipment need to change," he said.
(Editing by David Adams and Mohammad Zargham)
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