We Are Miami

Valdes Family Challenges Decision in Police Shooting Case

The amended complaint alleges new video evidence contradicts the State Attorney’s account of the 2025 Wynwood shooting.

Updated on Oct. 28, 2026 in Law Enforcement

Valdes Family Challenges Decision in Police Shooting Case

The family of Evelyn Valdes, a 28-year-old bystander killed in a 2025 police shooting in Wynwood, has filed an amended complaint against the Miami-Dade State Attorney's Office. This legal action follows the office's October decision to decline charges against the officers involved in the crossfire.

Why it matters

The case highlights critical questions regarding police use-of-force protocols and the transparency of investigations into officer-involved shootings in the city. The family is challenging the state's account of the event by citing newly obtained footage that they claim contradicts the official narrative.

Evelyn Valdes was 28 years old when she was killed by a stray bullet in Wynwood. The litigation remains active following the state attorney's decision not to file criminal charges against any officers involved.

The players

Evelyn Valdes

The 28-year-old victim who was killed by a stray bullet while sitting in a vehicle.

Miami-Dade State Attorney's Office

The agency that investigated the shooting and declined to file charges against the officers.

Sergeant Herbelo

The officer accused by the family of directing a colleague not to speak after the incident.

The details

The complaint alleges that officers used excessive force by opening fire on an armed man outside a club on Northwest 23rd Street without attempting to de-escalate. The family claims that newly released body camera and surveillance footage tells a different story than the one presented by prosecutors. The filing also names Sergeant Herbelo, alleging he directed a fellow officer to remain silent immediately following the shooting.

Timeline

  1. June 14, 2025: Evelyn Valdes was killed in Wynwood.

  2. October 2026: Prosecutors declined to charge the involved officers.

  3. October 28, 2026: The family filed the amended complaint.

Beyond the 305

This litigation follows the pattern of civil challenges seen in high-profile officer-involved shootings across the country. It marks a significant escalation in the local legal battle over the 2025 shooting death of Evelyn Valdes.

Residents in the Wynwood neighborhood and beyond are watching how the court handles these new allegations regarding police conduct. The resolution of this complaint will likely influence future discussions about transparency and de-escalation training for the department.

The takeaway

The case underscores the importance of monitoring how municipal and county agencies report on officer-involved incidents. Readers should watch for future court rulings that address the validity of the footage provided by the family.

Further reading

For more background on how the city handles police oversight, visit Law Enforcement.