Family of man fatally shot in parking garage considers lawsuit
Published: Monday, January 14, 2008 at 11:43 a.m.
Last Modified: Monday, January 14, 2008 at 11:43 a.m.
The family of a Tallahassee man, fatally shot in a Gainesville parking
garage last year, has sent notices to the Gainesville Police Department and
the Alachua County Sheriff's Office that they intend to begin litigation
over the man's death, a law firm reported.
Letters, titled “family preserves right to possible civil suit,” were sent
Friday to both law enforcement agencies as well as the city of Gainesville,
Alachua County officials and the State of Florida Department of Financial
Services, according to the law firm Erickson-McDaniel & Kelley in
A statement from the law firm said possible legal claims include
negligence, negligent supervision, negligent hire, negligent retention,
negligent infliction of emotional distress, wrongful death, and negligence
in maintaining a municipal facility. No dollar amount is listed, although
the family suffered damages including loss of earnings, mental anguish,
emotional distress, and medical expenses.
Andrew Arosemena, 22, died last year after he was shot in the head at the
Southwest Downtown Parking Garage on Nov. 25.
Two men have been arrested in connection with Arosemena's death. In late
November, Okpara Nelson, 22, of Gainesville, was indicted on charges of
first-degree murder, shooting into an occupied vehicle and possession of a
firearm by a convicted felon. Antwan M. Maye, 25, of Trenton, is accused of
aggravated assault with a deadly weapon without intent to kill. Both men
were being held Monday at the Alachua County jail.
The night of the shooting, police reported a vehicle was blocking the car
Arosemena was riding in as it was leaving the parking garage. When
Arosemena yelled at the occupants to move, two men came toward the car he
was in. One fired a shot, striking Arosemena in the head.
Maye spoke with officers, according to an arrest report, and said Nelson
kept saying the shooting had been an accident.
Arosemena and his brother had come to Gainesville to see the Florida State
University football team play the University of Florida Gators.
The State Attorney's Office in Gainesville is prosecuting the case.
Spokesman Spencer Mann said any possible civil action will not impact the
Arosemena's family is not commenting on the legal action, according to the
law firm. However lawyers attributed comments to the family “thanking all
of the citizens of Tallahassee, Gainesville and everyone who donated and
helped them through such a horrible time.”
The same statement also said that, thanks to generosity of others,
Arosemena's ashes were flown to the Republic of Panama and placed with his
father, Angel Arosemena, who died two years ago from brain cancer.
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