Couple delivered groceries to the wrong Florida home. What happened next stunned them

It’s been more than a week since a homeowner shot up the car of an Instacart driver who was delivering groceries to the wrong address in South Florida, and still no arrest has been made.

Police completed the investigation Thursday — determining that no one was at fault — but were second-guessed the following day by Broward’s top state prosecutor after a string of similar incidents happened this month in several states including Missouri, New York and Texas.

In a statement, Broward State Attorney Harold F. Pryor said he first heard about the “very disturbing incident” from a reporter Friday and that police hadn’t sent their findings to his office.

“My senior prosecution team and I contacted the Davie Police Department to request a full investigation and legal review of all of the facts, circumstances and evidence,” Pryor said about the April 15 shooting.

How it started

Thomas Waldes Jr., 19, and Diamond Harley Darville, 18, were making a delivery in the town of Southwest Ranches around 10 p.m. when they pulled into a property in the 6500 block of Southwest 178th Avenue believing they had arrived to the right address, the couple told Davie Police Department, according to an incident report. The agency provides law enforcement services to the municipality.

Antonio Franceso Caccavale saw a Honda Civic he didn’t recognize at another property he owns next to his home and asked his teenage son to tell the people inside the car to leave, he told police. The couple said they tried to reverse out of the lot but struck a boulder instead. That’s when, they allege, Caccavale approached them “aggressively” and began grabbing onto the driver door window. Trying to get away, they said they heard three gunshots before fleeing from the area.

Homeowner tells different story

But Caccavale told police that there’s more to it, painting a different narrative around what transpired. The 43-year-old explained to investigators that he initially ran towards his son after he called for help. That’s when, Caccavale asserts, he saw Waldes driving “erratically” while running into logs, fence posts and eventually a boulder. Then the car moved in his direction, causing him to dive out of the way, according to the homeowner, who alleges that Waldes subsequently reversed the car and ran over his right foot.

Fearing for he and his son’s life, Caccavale told investigators he drew his Smith & Wesson handgun and fired several rounds towards the vehicle’s tires.

Neighbor speaks out

According to authorities, another person witnessed the chain of events unfolding from a distance — the man to whom Waldes was delivering groceries.

Daniel Jose Orta a neighbor of Caccavale, told police his family was expecting an Instacart grocery delivery that night. The 30-year-old said his wife was on the phone with Waldes, and Orta left their home and parked his vehicle by Southwest 178th Avenue, trying to help the young man find their residence. From there, Orta said, he watched Waldes enter Cacavale’s property before driving “erratically” in an attempt to exit the premises. When Orta heard the gunshots, he got out of his vehicle, ran towards Caccavale and informed him that he was shooting at his delivery driver.

‘We just got shot at’

Police say they later found the couple on Southwest 168th Avenue inspecting their car with the help of a flashlight.

“We just got shot at,” the couple told a responding officer.

The officer said he observed apparent gunshot damage on the lower portion of the back of the car, as well as the back passenger tire.

”Diamond was crying frantically and Waldes appeared to be extremely nervous and scared,” the officer detailed in the police report.

The shooting was first reported by NBC 6 South Florida, which identified Waldes and Darville as a couple.

Why have charges not been filed?

More than a week after the shooting, no criminal charges have been filed because detectives were “unable to determine if a criminal act was committed by either party.” Davie police says it collected Caccavale’s gun the night of the shooting and gave it back to him on April 17 — two days after the incident.

“No video surveillance cameras were in the area to assist with the investigation,” the police report notes. “Each party appear justified in their actions based on the circumstances they perceived.”

But with the probe ordered Friday by the State Attorney’s Office, prosecutors could ultimately decide to file charges.

“Once the police investigation is completed and forwarded to my office, prosecutors will conduct a thorough review of all of the facts presented, the evidence, and the applicable law,” Pryor said. “Prosecutors will then make a decision about whether criminal charges should be filed.”

READ MORE: An 18-year-old among seven people killed by weekend shootings in Miami-Dade and Broward

Meanwhile, Instacart says it will cooperate with any law enforcement investigation.

“The safety of the entire Instacart community is incredibly important to us, and we take immediate action when we receive reports of violence or threats of violence made against any member of the Instacart community,” Instacart said Sunday in a statement. “We have reached out to the shopper and will cooperate with law enforcement on any ongoing investigation.”

Recent ‘wrong-place’ shootings make headlines

This incident follows a streak of recent shootings in the United States in which victims erroneously entered properties belonging to gunmen.

▪ April 13: Ralph Yarl, 16, was shot twice in Kansas City, Missouri after knocking on the wrong door while trying to pick up is younger brothers. The boy survived the shooting and Andrew Lester, 65, has been charged with first-degree assault.

▪ April 15: In upstate New York, Kaylin Gillis, 20, was shot and killed by a landowner after she and her friends drove onto his property by mistake. Kevin Monahan, 65, was arrested on a second-degree murder charge.

▪ April 18: And a few days later, two cheerleaders were shot outside a grocery store in Elgin, Texas after one opened the wrong car door by accident. Payton Washington, 18, suffered critical injuries and Heather Roth was treated at the scene after being grazed by a bullet. Pedro Tello Rodriguez Jr., 25, was arrested and charged with deadly conduct, a third-degree felony.

▪ April 18: Later that day, a man shot a 6-year-old girl and her parents after children went to get a basketball that had rolled into his yard in Gaston County, North Carolina, the Associated Press reported. Kinsley White was hospitalized after a bullet grazed her left cheek. Her father, Jamie White, who had run to her aid, was shot in the back and was hospitalized with serious wounds. The girl’s mother, Ashley Hilderbrand, was grazed in the elbow and another man was also shot at, according to AP. Robert Louis Singletary, 24, was arrested Thursday in the Tampa area by Hillsborough County deputies and is facing several charges, including four counts of attempted first-degree murder.