ORLANDO, Fla. — The Office of the State Attorney for Florida’s Ninth Judicial Circuit stated it will not pursue criminal charges against Orlando Police Officer Andrew McKuhen regarding the deadly traffic crash on January 18, 2026.
The collision occurred at the intersection of South Semoran Boulevard and Hoffner Avenue, leading to the death of 92-year-old Milagros Ortiz.
Orlando police open internal investigation after officer involved crash kills 92-year-old woman
The State Attorney’s Office stated that prosecutors carried out an independent review of the case, which involved analyzing traffic camera footage, surveillance videos, vehicle data, witness statements, maintenance records, and relevant state law.
After examining the evidence, prosecutors found not enough proof to charge someone with vehicular homicide in Florida, which demands showing the driver acted with reckless disregard for others’ safety.
The State Attorney’s Office stated that Officer McKuhen was on duty during the crash and activated his emergency lights after seeing a vehicle make an illegal U-turn. Data indicated his speed stayed under 20 mph until just before the collision.
Investigators also found evidence indicating that the patrol vehicle’s emergency lights might have malfunctioned while passing through the intersection.
The officer stated there was no evidence to suggest McKuhen deliberately turned off the lights or that he acted with the degree of recklessness necessary for criminal charges.
In its announcement, the State Attorney’s Office expressed condolences to Ortiz’s family and acknowledged the lasting impact of the crash on those involved.
The office stated that it proactively initiated the investigation even though the case was not officially referred for prosecution, emphasizing its dedication to reviewing incidents involving law enforcement officers and fatalities.
Additionally, officials admitted that a victim advocate was not assigned promptly, partly due to cuts in federal Victims of Crime Act (VOCA) funding. The office stated it is taking steps to avoid similar problems in future cases.
The State Attorney’s Office noted that its decision not to pursue charges is based on the legal criteria for criminal prosecution.
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