Ben Crump hired by family of 26-year-old killed by Orlando police officer in traffic stop
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The family of Derek Diaz, who was fatally shot by an Orlando police officer early Monday morning during a traffic stop, has hired civil rights attorney Benjamin Crump, according to a lawyer in Crump’s office.
Crump will be investigating the shooting that occurred during what Orlando Police Chief Eric Smith said was a proactive drug investigation.
Diaz’s family questions the statements made by Smith, which have so far been the only source of information about the incident that killed the 26-year-old father.
The chief said his officers were proactively patrolling in downtown Orlando, specifically Jefferson Street and North Orange Avenue, which Smith called “a hotspot for criminal activity where we have seized a lot of guns over the last several months.”
At 1:52 a.m., an officer pulled over Diaz blocks from Lake Eola Park after determining there was “probable cause” to suspect he “was involved in drug activity.” Smith added that Diaz “disobeyed the commands given by the officer and made a movement as if to retrieve a gun.”
The officer shot Diaz. He was taken to a hospital and soon pronounced dead.
It is unclear what exactly led officers to stop Diaz in the first place. Smith said only that “drugs were seen” and were recovered. He did not say whose possession those alleged drugs were in.
And, according to the police chief’s statement, no gun has been found in Diaz’s car. When asked by a reporter at the news conference if a gun was located at the scene, Smith said, “At this time, as I’m standing right here, no it has not but we’re still investigating.”
In response to follow-up questions about the case, including one seeking an update on whether a gun was recovered, an Orlando police spokesperson in an unsigned email said, “This investigation has been turned over to FDLE. All questions regarding the investigation will need to be directed to FDLE at this time.”
Natalie Jackson, an attorney with Ben Crump Law, said the family wants “a full and transparent investigation, and they would ask the police from refraining from saying things that are not factual, such as [Smith’s statement that Diaz] was reaching for a gun.”
“A person should not be shot by a police officer,” Jackson added. “The police are not a judge, jury or executioner.”
Crump and members of Diaz’s family will be answering questions at a press conference on Saturday morning in Orlando.
Crump rose to fame after representing the family of Trayvon Martin, the 17-year-old who was killed by Sanford neighborhood watchman George Zimmerman in 2012. Since then, Crump has become the most prominent civil rights attorney in the country.
The officer who shot Diaz has been placed on paid administrative leave, and the Florida Department of Law Enforcement will be investigating the officer’s use of deadly force, according to the chief. OPD will conduct its own separate investigation.
Smith at the news conference said the incident was captured on the officer’s body camera, from which footage will be released within the next month.
To help pay for Diaz’s funeral, his family created a GoFundMe, which has been confirmed by a representative of the crowdsourcing nonprofit. The fundraiser page included a written statement by Diaz’s mother, Yaneri Diaz, who said she and her family are seeking justice for her son, who she said “did not have a weapon on him, [and] … has never owned or possessed a firearm in his life.”
“WE NEED JUSTICE,” the statement said. “My heart is torn apart; I lost my best friend, my everything, MY ENTIRE WORLD in the hands of people that are supposed to protect us not kill innocent people.”
