A Florida man who attempted to rob a home is now being tried for murder — even though it was police officers who shot and killed the homeowner.
The trial of Cristian Duran-Contreras, the 26-year-old Dominican Republic native accused of second-degree murder, burglary and theft, began Monday. Duran-Contreras has pleaded not guilty to all charges in connection to the killing of Jose Luis Lopez. Authorities admit that Duran-Contreras didn’t shoot Lopez to death, it was the police, but it is the 26-year-old who will soon learn his fate.
“No knife or weapon was ever recovered from the scene. Neither Luis nor Cristian was armed. Yet, rather than indict police officers who shot and killed Luis Lopez, our State Attorney is holding Cristian Contreras solely responsible for Luis’ death,” Orlando Against Police Crimes, a nonprofit organization, said in a statement.
The incident unfolded on a February night at an Orlando home. Police arrived at a reported break-in to find Duran-Contreras and Lopez in a struggle. Officers claimed they saw a weapon and demanded Lopez, who was in his own home, drop it. When he apparently didn’t, they opened fire and killed him.
There was no knife found at the scene.
Despite not firing the shot, Duran-Contreras can be charged under Florida law because the victim died as a result of his alleged burglary. That can lead to murder charges even without directly causing the death.
The cops, the ones who fired, have not been charged.
Duran-Contreras and Lopez worked together as roofers. After finishing a roofing job on February 8, the pair, along with other co-workers, drank beers together at Lopez’s Orlando home.
Lopez allowed Duran-Contreras to stay at his white picket-fenced home — but then Lopez became violent, the 26-year-old told investigators.
Other witnesses say Duran-Contreras became “aggressive” with Lopez after asking if he would pay his share for the alcohol. As the situation heated, one roofer ordered an Uber for Duran-Contreras. The Uber was ultimately cancelled after Duran-Contreras failed to show up, the witness said.
By 11 p.m., Lopez called an unnamed woman asking for advice, saying he believed someone was trying to break into his home. Both she and Lopez called 911. She told investigators that an “unknown person” was loitering near the work truck parked in the driveway, where a ladder was stored. That person was later identified as Duran-Contreras.
A bit before midnight, Orange County Sheriff’s Office deputies Alex Duran and Paul Ortiz arrived at Lopez’s home, where body camera footage captures officers discovering a ladder propped up against the back of the home leading to a window.
Lopez can be heard wailing inside and speaking Spanish.
The footage then captured two men, visible through the open window, standing in the kitchen, with one — Lopez — holding the other — Duran-Contreras — in a headlock. Deputies believed Lopez was holding a knife, the sheriff’s office said.
As Duran attempted to enter the door, Ortiz shouted to the men in English: “Open the f***ing door! Hey, drop the knife! Drop the knife! Drop the knife! Drop the knife!” Duran walked around the corner and joined Ortiz. Both deputies then pointed their guns at the open window and opened fire.
Three shots were fired in total. The bullets struck Lopez in the head, killing him. No knife was ever found at the scene.
Footage showed the officers then urging Duran-Contreras, who appeared to have scooted toward the door, to quickly exit the home. A body was behind him, lifeless.
Duran-Contreras was later transported to the hospital and treated for non-life-threatening wounds, according to court records. After giving an interview to police, he was released without charges.
Body camera footage highlighted the rapid escalation of events. From the time the ladder entered the frame to the moment shots were fired spans less than 10 seconds. Lopez was speaking Spanish in the footage; Duran-Contreras needs a Spanish interpreter for his trial, court records show.
“Luis never had a knife and he tried to communicate with deputies but he doesn’t speak or understand English so his communication attempts were unsuccessful,” Duran-Contreras told investigators, according to a warrant.
Pine Castle, the Orlando neighborhood where Lopez lived, is nearly 60 percent Hispanic, according to Census data.
The deputies were placed on temporary paid administrative leave as the Florida Department of Law Enforcement investigated the incident. They’ve since returned to full duty, the Orlando Sentinel reported.
Duran-Contreras is being held at Orange County Jail.
A funeral for Lopez was held in Mexico in March. Lopez’s sister Araceli spoke out in March, saying she and her family were still trying to figure out the circumstances of his death.
“If only they would have acted differently. We want justice. We have our family here. Anybody can tell you we’re humble people,” she told WFTV.
The trial is now underway in the Ninth Judicial Circuit Court of Florida.
