We Are Miami

State Attorney Committee Recommended No Officer Charges

A panel advised against prosecuting the officer involved in the 2025 Wynwood shooting that killed Evelyn Caridad Valdes.

Updated on Oct. 9, 2026 in Violence

Bold flat-color editorial illustration showing a stylized brick building facade in navy and cream, evoking the gravity of legal policy decisions.
A Miami-Dade State Attorney's Office committee has recommended that prosecutors not pursue charges against the officer involved in the 2025 Wynwood shooting that killed Evelyn Caridad Valdes. AI Illustration. Upload story photo >

A committee at the Miami-Dade State Attorney's Office has recommended that prosecutors not pursue charges against an officer who fatally shot 28-year-old Evelyn Caridad Valdes in Wynwood last year. Valdes died after being struck during a 3:05 a.m. encounter involving police outside a nightclub.

Why it matters

The decision underscores the ongoing legal and public scrutiny surrounding police use-of-force policies in the city, especially involving bystanders. While a committee has offered its recommendation, the official prosecutorial path remains an open question for the office.

A committee reviewed a 3:05 a.m. shooting in which two officers fired 11 to 12 rounds near a Wynwood nightclub. The outcome of the ongoing Florida Department of Law Enforcement investigation remains pending.

The players

Evelyn Caridad Valdes

A 28-year-old who died from a gunshot wound sustained in Wynwood.

Javier Herbello

A Miami police sergeant identified as one of the officers who fired weapons.

Dorian Acosta

A Miami police officer who fired shots during the June 2025 incident.

Miami-Dade State Attorney's Office

The agency responsible for reviewing the officer's actions and determining potential charges.

The details

The shooting occurred when Sgt. Javier Herbello and Officer Dorian Acosta fired weapons at a man fighting outside the Electric Lady nightclub. During the incident, shots were fired over the roof and windshield of a parked car where Valdes was sitting. Although the officer involved in the fatal shooting returned to duty within two weeks, a lawsuit remains active against the city, the department, and the club.

Timeline

  1. June 14, 2025: Evelyn Caridad Valdes was shot and killed.

  2. October 9, 2026: The State Attorney met with the victim's family regarding the committee recommendation.

Beyond the 305

This review follows the standard Florida Department of Law Enforcement investigation process for officer-involved shootings. The committee's recommendation represents an early stage in a case that often precedes a final determination by the State Attorney.

The public now awaits a final decision from the State Attorney on whether to pursue charges against the involved officer. This process continues to influence local discourse regarding police accountability and safety in nightlife districts like Wynwood.

The takeaway

Residents should monitor the State Attorney's Office for the official final ruling on the prosecution. Ongoing litigation against the city and the nightclub may provide further details on the incident timeline.

Further reading

For more on local law enforcement operations, visit the Violence section.