Death by Cop 2021-2025
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Juan Carlos Martinez Silva
Age : 40
Gender : Male
Race : Latino/a/e
Date : 11/27/2021
Location : Southwest 87th Avenue near Southwest 232nd Street
City : Miami
County : Miami-Dade
State : Florida
Agency : Miami-Dade Police Department
Officer(s) :Christopher Bendana
Cause of Death : Vehicle
Event : Bicyclist bystander killed by police vehicle
OPEN RECORDS SUMMARY :
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REASON FOR POLICE EMERGENCY RESPONSE:
Officer Christopher Bendana was responding to a reported theft in progress. Miami-Dade Police later determined Bendana was not authorized to activate his emergency lights and siren for that call.
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EVENT NARRATIVE:
On 02/27/2021, 30-year-old Juan Carlos Martinez Silva was participating in his regular Saturday morning group bicycle ride near Black Point Park and Marina in South Miami-Dade. Martinez, an experienced cyclist and triathlete, was riding west on Southwest 248th Street with a group of approximately 20 cyclists when Miami-Dade Police Officer Christopher Bendana approached from the opposite direction in a patrol vehicle while responding to a reported theft in progress.
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Bendana was driving approximately 50–58 mph in the 40-mph zone, according to Miami-Dade's subsequent disciplinary findings. At the later civil trial, Martinez's attorneys presented evidence contending Bendana's speed was closer to 70 mph. Bendana had activated his emergency lights and siren even though departmental policy did not authorize him to use the emergency signals for the call.
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The cyclists saw the police SUV approaching at high speed and warned one another to slow and move right. Witnesses said Bendana maneuvered around a cyclist traveling on his side of the narrow two-lane road. As the group reacted to the approaching police vehicle, Martinez's front wheel touched the rear wheel of another bicycle and Martinez fell into the path of Bendana's cruiser.
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Evidence presented at the civil trial showed Bendana saw Martinez fall and roll into his lane but did not slow before striking him. The family's attorneys reconstructed the collision and argued that Bendana could have avoided Martinez and, at the 40-mph speed limit, would have had sufficient distance to stop. They presented evidence that Bendana did not begin braking until approximately 50 feet after striking Martinez and that the police vehicle continued approximately 180 feet after impact.
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Bendana also failed to activate his body camera when dispatched as required by department policy. He activated the recording only after the collision, eliminating body-camera video of his driving and the fatal impact.
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Martinez was a native of Venezuela, an experienced cyclist and triathlete, an event producer and a former employee of Mack Cycle and Fitness. Friends described him as friendly, intelligent and excited about becoming a father. He left behind his wife, Jeishy Zerpa, and their nine-month-old daughter, Miranda.
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TOTAL FATALITIES/INJURIES:
1 Fatality.
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EYEWITNESS OR FAMILY STATEMENTS:
Martinez's widow maintained that her husband's death was preventable and that Bendana would not have killed him had the officer followed departmental rules. Cyclists who witnessed the collision described the patrol vehicle approaching their group at high speed and said the group reacted by warning one another and attempting to move out of its path.
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DISPOSITION:
The Miami-Dade State Attorney's Office reviewed the crash and on 03/15/2021 determined that no felony charges would be filed against Bendana. Miami-Dade Police's Professional Compliance Bureau subsequently determined Bendana violated department policy by activating emergency signals without authorization and by driving approximately 50–58 mph in the 40-mph zone. Bendana received a written reprimand. He remained with the department and was subsequently promoted to detective.
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LITIGATION:
On 09/14/2021, Jeishy Zerpa, individually and as representative of Martinez's estate, filed a wrongful-death lawsuit against Miami-Dade County. At trial in February 2024, the jury found Miami-Dade County responsible and awarded Martinez's family $3 million. Florida's sovereign-immunity law initially limited recovery without legislative authorization.
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Miami-Dade County appealed the judgment. On 09/10/2025, Florida's Third District Court of Appeal rejected the County's challenge and affirmed the $3 million final judgment.
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OFFICER BACKGROUND:
Christopher Bendana remained employed by Miami-Dade Police after receiving a written reprimand for the policy violations associated with Martinez's death and was promoted to detective approximately one year later.
SOURCE LINKS :
https://www.cbsnews.com/miami/news/family-of-man-struck-killed-by-mdpd-vehicle-awarded-3m/
https://www.miamiherald.com/news/local/community/miami-dade/article249732338.html
https://www.thelegaladvocate.com/news/breaking/juan-carlos-martinez-dies-crash-miami-dade-police-southwest-87th-february-27th
https://publiclawlibrary.org/widow-of-bicyclist-killed-in-miami-dade-crash-speaks-out-after-multi-million-dollar-jury-verdict/
https://law.justia.com/cases/florida/third-district-court-of-appeal/2025/3d24-1472.html
https://www.cbsnews.com/miami/news/ride-of-silence-honors-cyclists-killed-on-local-roads-raise-awareness-for-more-safety-measures/
