ORLANDO, FLORIDA: The family of Valencia College student Miya Marcano, who went missing from her apartment in 2021 and was later found dead, is taking legal action by suing the Orange County Sheriff's Office, alleging mishandling of her case.
According to investigators, Miya Marcano was allegedly killed by a maintenance worker at her apartment complex, who had gained access to her apartment using a master key. Her body was found several weeks after her disappearance.
How old was Miya Marcano during her disappearance?
At the time of her disappearance, Marcano was a 19-year-old student at Valencia College, living in her Orlando apartment.
The family's lawsuit accuses all defendants of civil rights violations and holds the sheriff's office accountable for negligence, asserting that the department performed inadequately in fulfilling its responsibilities.
The lawsuit, filed on September 25, marks the two-year anniversary of when the Marcano family claims that the Orange County Sheriff's Office initiated an investigation, coinciding with a welfare check requested by Marcano's mother on September 24, 2021.
According to the lawsuit, On September 24, 2021, around 9:23 pm, Yma Su-Ling Scarbriel, the mother of Miya Marcano, who has since died, reached out to the OCSO (Orange County Sheriff's Office) to request a welfare check.
Her request stemmed from her inability to get in touch with or locate Miya, who was supposed to have boarded a flight to Miami at that time.
Orange County Sheriff's Office, Florida shared in a Facebook post on September 28, 2021 that Armando Manuel Caballero, 27, the person of interest in Miya Marcano's disappearance, was found dead in Seminole County.
What are the lawsuit details about Miya Marcano’s death?
As per WESH, the lawsuit points out that despite apparent indicators that something was amiss, such as a bloodstain on one of Marcano's pillows, a bookshelf blocking her door, and broken jewelry and a box cutter on the floor, Deputy Samir Paulino, one of the defendants, allegedly failed to treat the situation as a crime scene during the welfare check.
Furthermore, when Paulino responded to Marcano's apartment for a second time, the lawsuit contends that he possessed key information, which he shared with his supervisor, Corporal Kenneth Dale, another defendant.
The lawsuit alleges that neither of them communicated this "extremely critical information" to anyone before concluding their shifts.
The lawsuit condemns the handling of the investigation by Deputy Samir Paulino and Corporal Kenneth Dale, characterizing it as "wrongful and egregious," and it points out that both individuals are still employed by the sheriff's office despite receiving unpaid suspensions for rule violations during their investigation of the case.
The legal action alleges that the defendants' actions constituted a violation of Miya Marcano's 14th Amendment rights, as they failed to provide proper emergency assistance when it was needed most.
Furthermore, the lawsuit asserts that the sheriff's office has a pattern or practice that affords least protection to missing female victims compared to victims of other types of assaults.
It also suggests that the department's response time to Marcano's apartment was slower than it would have been for a person in a "more affluent" area of Orlando or someone who was not a minority.
Additionally, it claims that the sheriff's office offers less protection or assistance to missing individuals compared to victims of other crimes.
