DORAL, Fla. – Cristian “Tusi” Merchan Garcia died over a year ago in Doral. Police body-cam videos show the fatal police-involved shooting last year.
Before the shooting on June 17, 2023, at 11461 NW 41 St., witnesses said Garcia broke into an apartment, injured a woman and her son, and made good on his promise to return, records show.
Prosecutors recently concluded that since Merchan Garcia “posed a substantial threat” Hernandez “had no duty to retreat” and was “legally justified” to use deadly force in self-defense or defense of others.”
The Florida Department of Law Enforcement closed the investigation into the shooting on May 16. Records show police officers responded within minutes after a man called 911 to report an intruder had attacked his wife and son and threatened to return.
According to the Miami-Dade County’s State Attorney’s Aug. 21 close-out memo, Merchan Garcia returned, a police officer Tasered him, and Doral Officer Jonathan Hernandez “fired his weapon four times.” Merchan Garcia collapsed in the hallway and Miami-Dade Fire Rescue personnel declared him dead.
A toxicology report later revealed that Merchan Garcia, who was only wearing his underwear when he died in the hallway, had consumed MDMA, MDA, ketamine, amphetamines, and clonazepam.
Records show his roommate also told investigators that Merchan Garcia had a friend who lived in the building at the unit above where the burglary happened.
According to the close-out memo Miami-Dade County State Attorney Katherine Fernandez Rundle signed, prosecutors concluded that since Merchan Garcia “posed a substantial threat” Hernandez “had no duty to retreat” and was “legally justified” to use deadly force.
Assistant State Attorneys Santiago Aroca and Stewart Hedrick prepared the close-out memo that Assistant State Attorneys Howard Rosen, Deisy Hernandez, Stephen K. Talpins, Kathleen Hoague, Nilo Cuervo, Jose Arrojo, and Mari Jo Toussant also signed agreeing that Merchan Garcia had “posed a real and imminent threat.”