Orlando police pursuit in violation of department policy ends with deadly crash

Three years ago, a police chase in Orlando ended with a deadly crash.The City of Orlando settled with the surviving victim for $150,000.Her family shared with WESH 2 Investigates the videos of the pursuit and crash they obtained through records requests that had never been broadcast before. At 10:19 p.m. on February 10, 2023, Gina Mustacchio was in the passenger seat of a Honda Civic stopped on West Anderson Street in downtown Orlando.Her 28-year-old girlfriend, Delmy Alvarez, was behind the wheel waiting for the light to change.”The love of my life,” Mustacchio said. “She was my partner, my friend, and the person I hope to have a family with.”One of the street camera videos shows 28-year-old Jaicarious Grace running a red light on Parramore Avenue and ramming into the driver’s side of the couple’s car. “Delmy dying has fundamentally changed who I am as a person,” Mustacchio said. Mustacchio survived the crash, but she suffered a broken jaw, rib fractures and lost a kidney.Last November, she appeared virtually in an Orlando courtroom from her home state of Massachusetts. “I always envisioned coming back and to make the statement in person,” she said. “But I’ll never set foot in that city again.”Grace had accepted a plea deal for vehicular manslaughter and other charges, but Mustacchio didn’t direct her anguish at the defendant during her victim impact statement.”I believe this entire situation to be the failed cover-up of an improper and unauthorized police chase,” she said.Gina explained it was a tip from an insurance adjuster that led her to eventually find out the crash that killed the love of her life was the ending of an Orlando Police pursuit. “I don’t believe that Orlando PD would have ever told me the truth,” she said.Mustacchio told the court she learned eight months after the deadly crash that police had conducted an internal affairs investigation. “So, I saw a vehicle driving a higher speed. By that time, he had gone around another car and then caused an accident,” Officer Esequiel Colon told a traffic homicide detective in an interview recorded on a body-worn camera.The investigative report that Mustacchio’s family shared with WESH 2 Investigates reveals that Colon pursued Grace in downtown Orlando for running a red light. The report said both cars topped 60 miles per hour during the pursuit that covered less than a mile.As seen in the street camera videos, Officer Colon followed Grace without turning on his lights or sirens. “I believe that if Colon’s lights were on, regardless of what Mr. Grace did or didn’t do, that my girlfriend would be alive today,” Mustacchio said.The internal affairs investigation found Colon “did engage in an unauthorized pursuit.””Officer Colon stated he did not have reasonable suspicion that the driver of the Lexus committed or attempted to commit a forcible felony and that this incident did not meet the criteria for a vehicle pursuit,” the report said.Officer Colon is still employed by the department.WESH 2 Investigates asked Orlando Police if officers have received any additional training on the vehicle pursuit and apprehension policy. “Regarding training, the Orlando Police Department maintains a robust training regimen that exceeds the State of Florida Criminal Justice Standards and Training requirements,” the OPD public information office said in an email.For Mustacchio, justice wasn’t served in the courtroom. “Myself, my late partner, Delmy, and Jaicarious Grace, are all victims of Orlando police,” she said.She was also not satisfied with how the department disciplined the officer. “Officer Colon sacrificed a whole 40 hours of PTO for Delmy’s life, whereas Mr. Grace will sacrifice 13 years of his freedom,” Mustacchio said.Records the family shared with WESH 2 Investigates show Officer Colon elected to give up five days of paid time off in lieu of a 40-hour suspension. Police said he was disciplined in accordance with the Police Officer Bill of Rights and the union contract.OPD’s pursuit policy came under scrutiny again after the death of 49-year-old Gerald Neal in February last year.Detective Christopher Moulton tried pulling over a suspect for having an unreadable license plate. Surveillance video from a store on Indiana Street shows that his lights and sirens were also off moments before the deadly crash. While the fleeing suspect Dornell Bargnare awaits his criminal trial, prosecutors declined to charge the detective last October.

ORLANDO, Fla. —

Three years ago, a police chase in Orlando ended with a deadly crash.

The City of Orlando settled with the surviving victim for $150,000.

Her family shared with WESH 2 Investigates the videos of the pursuit and crash they obtained through records requests that had never been broadcast before.

At 10:19 p.m. on February 10, 2023, Gina Mustacchio was in the passenger seat of a Honda Civic stopped on West Anderson Street in downtown Orlando.

Her 28-year-old girlfriend, Delmy Alvarez, was behind the wheel waiting for the light to change.

“The love of my life,” Mustacchio said. “She was my partner, my friend, and the person I hope to have a family with.”

One of the street camera videos shows 28-year-old Jaicarious Grace running a red light on Parramore Avenue and ramming into the driver’s side of the couple’s car.

“Delmy dying has fundamentally changed who I am as a person,” Mustacchio said.

Mustacchio survived the crash, but she suffered a broken jaw, rib fractures and lost a kidney.

Last November, she appeared virtually in an Orlando courtroom from her home state of Massachusetts.

“I always envisioned coming back and to make the statement in person,” she said. “But I’ll never set foot in that city again.”

Grace had accepted a plea deal for vehicular manslaughter and other charges, but Mustacchio didn’t direct her anguish at the defendant during her victim impact statement.

“I believe this entire situation to be the failed cover-up of an improper and unauthorized police chase,” she said.

Gina explained it was a tip from an insurance adjuster that led her to eventually find out the crash that killed the love of her life was the ending of an Orlando Police pursuit.

“I don’t believe that Orlando PD would have ever told me the truth,” she said.

Mustacchio told the court she learned eight months after the deadly crash that police had conducted an internal affairs investigation.

“So, I saw a vehicle driving a higher speed. By that time, he had gone around another car and then caused an accident,” Officer Esequiel Colon told a traffic homicide detective in an interview recorded on a body-worn camera.

The investigative report that Mustacchio’s family shared with WESH 2 Investigates reveals that Colon pursued Grace in downtown Orlando for running a red light.

The report said both cars topped 60 miles per hour during the pursuit that covered less than a mile.

As seen in the street camera videos, Officer Colon followed Grace without turning on his lights or sirens.

“I believe that if Colon’s lights were on, regardless of what Mr. Grace did or didn’t do, that my girlfriend would be alive today,” Mustacchio said.

The internal affairs investigation found Colon “did engage in an unauthorized pursuit.”

“Officer Colon stated he did not have reasonable suspicion that the driver of the Lexus committed or attempted to commit a forcible felony and that this incident did not meet the criteria for a vehicle pursuit,” the report said.

Officer Colon is still employed by the department.

WESH 2 Investigates asked Orlando Police if officers have received any additional training on the vehicle pursuit and apprehension policy.

“Regarding training, the Orlando Police Department maintains a robust training regimen that exceeds the State of Florida Criminal Justice Standards and Training requirements,” the OPD public information office said in an email.

For Mustacchio, justice wasn’t served in the courtroom.

“Myself, my late partner, Delmy, and Jaicarious Grace, are all victims of Orlando police,” she said.

She was also not satisfied with how the department disciplined the officer.

“Officer Colon sacrificed a whole 40 hours of PTO for Delmy’s life, whereas Mr. Grace will sacrifice 13 years of his freedom,” Mustacchio said.

Records the family shared with WESH 2 Investigates show Officer Colon elected to give up five days of paid time off in lieu of a 40-hour suspension.

Police said he was disciplined in accordance with the Police Officer Bill of Rights and the union contract.

OPD’s pursuit policy came under scrutiny again after the death of 49-year-old Gerald Neal in February last year.

Detective Christopher Moulton tried pulling over a suspect for having an unreadable license plate.

Surveillance video from a store on Indiana Street shows that his lights and sirens were also off moments before the deadly crash.

While the fleeing suspect Dornell Bargnare awaits his criminal trial, prosecutors declined to charge the detective last October.