Latest news with #Horenstein
Miami Herald
09-07-2025
- Miami Herald
Man accused of killing a Miami jogger in hit-and-run crash is arrested: police
Andres Roberto Fiallos Estupiñan, accused of running down and killing a father who was jogging in his Shenandoah neighborhood, was booked into jail Tuesday after he was released from Jackson Memorial Hospital, where police had to Taser him to subdue him, his attorney said. Fiallos Estupiñan had been hospitalized since June 10 after suffering a broken ankle while fleeing the scene of the fatal hit-and-run at Southwest 21st Avenue and 18th Street. Residents tackled him near Shenandoah Park after they say he struck 50-year-old jogger Andrew Loretta with a Volkswagen Jetta, then careened into an ice cream truck and several other vehicles before attempting to run away. Jail records show that Fiallos Estupiñan, 36, was hit with multiple charges, including leaving the scene of the crash involving death, leaving the scene of a crash with serious bodily injury, reckless driving and vehicular homicide. READ MORE: Suspect in Miami hit-and-run unconscious for weeks after hospital clash with cops Psychotic episode caused the tragedy, attorney says Fiallos Estupiñan was hospitalized for weeks and listed in critical condition, leaving his family and attorney reeling with questions on how his condition deteriorated when he went in for a broken ankle. His attorney, Bradley Horenstein, said Fiallos Estupiñan — who has a history of mental health issues — had a psychotic episode that started before the crash. 'This unimaginably tragic case is the result of Mr. Fiallos Estupiñan having suffered a psychotic break, which the hospital spent weeks successfully treating with medication,' Horenstein told the Miami Herald Wednesday. According to Horenstein, Fiallos Estupiñan became agitated while handcuffed to a hospital bed and attempted to get up and leave. A Miami police officer stationed at his bedside Tasered Fiallos Estupiñan multiple times to subdue him. When that had little effect, hospital staff gave him ketamine, an anesthetic used for surgery, and Estupinan was intubated for his safety. A psychiatric evaluation conducted at the hospital provided further detail on the severity of Fiallos Estupiñan's condition. According to the five-page report, he ripped out his IV line, jumped out of bed naked while handcuffed and set off a hospital alarm after throwing himself against a wall vent. Horenstein said doctors continued to sedate him as he was not responding to medications for the psychosis. Further, Fiallos Estupiñan developed pneumonia and a bacterial infection in his lungs, which landed him in critical condition and the Intensive Care Unit. For three weeks, Horenstein was unable to speak to his client due to the heavy sedation. At one point, doctors performed a tracheotomy to avoid long-term damage to his vocal cords from prolonged intubation. Horenstein noted the situation was so dire that his client's mother was granted a humanitarian visa to fly to the U.S. and sit by his bedside. 'The hospital and the City of Miami Police Department were very accommodating,' Horenstein said. Fiallos Estupiñan was slowly weaned off the sedatives as the anti-psychotic medication began to take effect; he is now lucid and calm, Horenstein said. Set to be released on conditions Fiallos Estupiñan appeared in Miami-Dade Bond Court on Wednesday before Judge Gisela Cardonne Ely in an orange jumpsuit with a visible cast on his leg. At the hearing, prosecutors said Fiallos Estupiñan was driving 75 miles per hour in a 25-mph residential zone at the time of the crash. They argued he is both a danger to the community and a flight risk. Prosecutors requested Fiallos Estupiñan's total bond be set at no less than $100,000 and that if released, he be placed on house arrest, be barred from driving and have his passport confiscated. Horenstein pushed back, telling the judge his client is not a danger to himself or others, but made no arguments on the $100,000 bond. He noted that Fiallos Estupiñan had been hospitalized for nearly a month after the crash and is a commercial engineer by profession. His mother and sister were present in the courtroom. The judge set bond at $25,000 for each charge, for a total of $100,000. She also ordered Fiallos Estupiñan to be placed on Level 2 house arrest, meaning he can only leave home for work, church or meetings with his lawyer. Fiallos Estupiñan, who was born in Ecuador and lived in Chile, was also ordered to surrender his passport before being released from jail. Horenstein said the passport was believed to be inside Estupinan's car, which has been impounded as evidence by the Miami Police Department. Despite that, Judge Cardonne Ely said the passport must be turned over before Estupinan could walk out of jail. Prosecutors asked Horenstein to provide proof the passport was not in his client's possession. The judge removed the passport confiscation condition after Horenstein said he confirmed with the Miami Police sergeant supervising the case that the passport was in their possession. Witnesses held him down According to his arrest affidavit, Fiallo Estupiñan was driving a gray 2012 Volkswagen Passat on June 10 at a 'high rate of speed' southbound on Southwest 21st Avenue near 17th Street just before 7 p.m. Police say he had an expired Florida driver's license. At the same time, Andrew Loretta, 50, was jogging along the west side of 21st Avenue, heading toward 18th Street. Surveillance footage shows Fiallo Estupiñan striking the jogger from behind with such force that Loretta was thrown into the air and both of his legs were severed. After hitting Loretta, Fiallo Estupiñan crashed into a white 2013 Nissan ice cream van that was stopped at 21st Avenue and 18th Street, serving children at Shenandoah Park. Police say Estupinan made no 'visible attempt to brake' before the impact. The Volkswagen then struck two more parked vehicles: a gray 2019 Toyota and a white 2023 Mercedes SUV, both on the west side of 21st Avenue near the park. Two witnesses told police that Fiallo Estupiñan immediately got out of the car and ran away without trying to help the injured jogger or calling 911. He ran into Shenandoah Park, where several bystanders stopped him and held him down until officers arrived. Loretta was pronounced dead at the scene. Estupinan had a broken ankle, while a passenger in one of the hit cars had a skull fracture. A beloved community member In Miami's Shenandoah neighborhood, just off Coral Way, the sudden death of Loretta—a married telecommunications executive and father of two teenagers—has left his family heartbroken and the community in shock. Friends and relatives described him as an avid jogger and soccer enthusiast who moved to Miami from California in 2000. He was fluent in English, Spanish, and Portuguese. 'I hope that justice is served. Not only for Andy, but for the family ... At the end of the day [Andres] has to deal with his own karma. I honestly feel a lot of compassion for him. It's just a terrible situation,' John Loretta, said Andrew's cousin, who lives in Kendall. A GoFundMe page to support Andrew's family has raised over $193,000 with just over 900 donations. 'His love, sincerity and selfless laid-back style were trademark Andy qualities that will be truly missed,' the fundraising website reads. 'Above all, he was one to be counted on, whenever in need.' Miami Herald writer Isabel Rivera contributed to this report.
Miami Herald
26-06-2025
- Miami Herald
Man accused of fatal crash that killed jogger, in critical condition after hospital clash
A driver accused of running down a Shenandoah father out for a jog has been unconscious and hospitalized since police struck him with Tasers two weeks ago as he thrashed about trying to get out of bed and was sedated, the family's attorney said this week. In a letter last week to his mother last week, the hospital reported that Andres Roberto Fiallo Estupinan's condition had declined so rapidly that he was in 'critical' condition. He had been initially admitted for an foot injury after police say he fled from the scene of the horrific hit-and-run. Attorney Bradley Horenstein said police and hospital personnel wouldn't allow him to see his client for a week after he was admitted to Jackson Memorial Hospital. The lawyer said he was finally able to visit Estupinan after a judge ordered police to allow him behind the curtain of the hospital's Intensive Care Unit on June 16. Estupinian has not yet been formally charged but witnesses and police say he was behind the wheel of a Volkswagen Jetta that struck jogger Andrew Loretta, 50, so severely on the evening of June 10 that it severed his legs. Estupinan is accused of then careening his car into an ice cream truck and other vehicles. After the crash, he was hospitalized with a broken foot. Since then his condition has deteriorated rapidly. Jackson Health System sent Estupinan's mother in Chile a letter last week saying she should rush to her son's bedside. The letter provided to the Miami Herald and signed by the hospital's Trauma Intensive Care Unit, says Catalina Lourdes Estupinan Saltos should be considered for a humanitarian visa because her son is in 'critical' condition. Why Estupinan's condition turned so grave is a mystery. Miami Police have refused to discuss the case. They won't say if officers used Tasers to subdue the suspect. They won't even admit an officer has been sentry outside Estupinan's curtained room since he was admitted to Jackson on June 10. As for his client's condition, Horenstein said 'I don't know if it's because he was Tasered. I don't know if it's because he was sedated. But it's alarming for sure. He went in with a broken ankle and nothing else.' Horenstein said when he was finally permitted to see Estupinan, he was stunned. A thick hose was inserted down his throat and bandages across his face held it in place. The attorney said he was unable to communicate with his client and that when he visited again later in the week, nothing had changed. 'It's an image that sticks in my head,' the attorney said. The sudden death of Loretta, a married telecommunications executive with two teenage children, has dazed Coral Way neighbors and devastated his family. Friends and family said his passions were soccer and jogging, that he moved to Miami from California in 2000 and that he spoke English, Spanish and Portugese. Family members around the state called Loretta 'selfless' and said he was always there for anyone who needed help. 'I can't speak enough about what a great leader he was for his family. We're all really hurting,' said cousin John Loretta, who lives in Kendall. 'Everybody's heartbroken. It's still very fresh,' said another cousin, St. Petersburg resident Kristin Joy Loretta. A GoFundme page set up for Andrew Loretta had raised more than $188,000 as of Wednesday. In a post on the site his wife said she was 'heartbroken.' 'It all just makes me cry in a bittersweet way - to feel so much love while in so much pain - is the most overwhelming thing I've ever experienced,' she wrote. Residents tackled suspect in nearby park Estupinan, a 36-year-old Chilean, is in the U.S. on a work visa, his attorney said. Horenstein said his client recently graduated from Boston University with a Master's degree and was living in Coral Gables. Horenstein said he had a job - though couldn't identify what type of work it was - two weeks ago when police say he crashed into Loretta just before sunset near the corner of Southwest 21st Avenue and 18th Street. The crash so violent, police said, that Loretta was thrown more than 170 feet. Witnesses say Estupinan then veered his car into an ice cream truck and two other vehicles before getting out and running. He was tackled to the ground in nearby Shenandoah Park by residents who witnessed the incident and who detained him until police arrived. Estupinan's arrest report that day said he was speeding and that his driver's license had expired. It also said he was charged with two felonies, leaving the scene of a deadly crash and leaving the scene of a crash involving serious bodily injury. Despite the arrest affidavit, a Miami Police source this week said Estupinan will not be officially charged until they determine he's recovered sufficiently or is released from the hospital. Did mental lapse lead to scrap at hospital? Though police won't discuss the chain of events that led to Estupinan's condition, witness and written accounts indicate he may have been suffering an emotional breakdown before the fatal crash and the confrontation at the hospital that left him in his current state. In the weeks leading up to the crash that ended Loretta's life, Estupinan was receiving telemedical psychological help from a doctor in Chile, according to Horenstein and his medical records. The attorney said two days before the crash, a cousin tried to get the suspect in the hit-and-run some help at Coral Gables Hospital, which ultimately released him. 'The psychiatrist felt he needed to see a doctor,' said Horenstein, who added his client might have been depressed but that his family said he didn't appear distressed or suicidal. A five-page psychiatric evaluation of Estupinan from June 14 says the patient became so agitated at the hospital that he tore out his line, jumped out of the bed naked while handcuffed and swore before he was 'tased by PD [Miami police officers] multiple times which did not have any effect.' Estupinan was so disturbed, a doctor wrote, that he thrashed himself against a vent on a wall and set off a hospital alarm. 'Finally the patient was held down, given IM meds and subsequently intubated,' a psychiatrist wrote. Medical doctor Dominque Musselman said in at attempt to subdue Estupinan he was given ketamine, fentanyl and midazolam introvenously. The drugs are typically used for sedation and pain management. The doctor said it worked, but that Estupinan became angry and threw himself around repeatedly as doctor's tried to wean him from the sedation. The report also says that because of abnormal heart activity, high blood pressure and paranoia, Estupinan had been taking three powerful drugs generally used to for mental lapses. Valproate is used to stop seizures. Sebroquel manages hallucinations and risperidone is used to treat bipolar disorder and schizophrenia and general regulates mood swings and behavior. Horenstein said in the two weeks since he was hospitalized and charged, Estupinan hasn't spoken to anyone or been before a judge. The attorney said the hospital called his client's father Wednesday to inform him that they were about to perform a tracheotomy on his son. 'The system is broken and civil rights are illusory if this is how a defendant can be treated while in police custody in this country,' said Horenstein. 'It's terrifying that this can happen in America in 2025.'
