Audio files of the 911 calls made during the 2011 Urban Beach Weekend shootings, in which one man was killed and four others were injured, have been released.
Raymond Herisse, 22, was killed May 20, 2011, after police opened fire on his car in the area of Collins Avenue and 15th Street.
Herisse family attorney Marwan Porter said the tapes confirm what video of the incident shows.
"At the time Raymond was shot, they had the scene under control," Porter said. "The vehicle was stationary, he posed no threat to anyone."
The case is now before the Miami-Dade state attorney, who will decide if the 12 officers who fired into Herisse's car committed criminal negligence by shooting into an open area filled with tourists, according to The Miami Herald.
"They acted in utter disregard for the safety of, not only Raymond Herisse, but of anybody that was out there that day," Porter said. "They put all of their lives in jeopardy and fortunately no one else got killed."
Miami Beach Police declined to comment on the investigation.
The Herisse family has filed a lawsuit against the officers and the cities of Miami Beach and Hialeah, whose officers were involved in the shooting, as well as elected officials that were in power when the shooting occurred.
Police said Herisse tried to hit officers with his car before cops surrounded it and opened fire. The family said the medical examiner's report stated that Herisse did not fire a gun that night, but officers said one was found in his car. Police also said there were indications that Herisse may have been driving under the influence.
"At worst, Raymond Herisse was executed for driving recklessly," Porter said. "If that's going to be the policy of Miami Beach to execute people who drive recklessly on the beach while there's a festival in town, there's going to be a whole bunch of dead tourists out there."
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