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

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Andrew Arosemena

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

Tallahassee.

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

criminal case.

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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