Media outlets across Florida and the wider USA are reporting that the parents of Miya Marcano, who was abducted from her UCF-area apartment in Orange County by a maintenance worker and killed two years ago, have filed a lawsuit against the Orange County Sheriff’s Office over failings in its initial investigation into her disappearance. Photo: Internet Source

The suit, filed Monday, September 26, 2023, in Orange County circuit court by Marlon Marcano and Yma Su-Ling Scarbriel, accuses the agency and deputies Samir Paulino and Kenneth Dale of negligence and violating Miya Marcano’s civil rights. Photo: behindthebadge.com

Miya Marcano's family had reported her missing after she missed a flight home to South Florida on September 24, 2021. Photo: Orange County Sheriff's Office

Miya Marcano, a 19-year-old Valencia College student, was killed by Armando Caballero, a maintenance worker who used a master key to access her apartment. Photo: Orange County Sheriff's Office

Hundreds of persons traveled from both the USVI and the Virgin Islands (VI) for the funeral service for Miya Marcano on October 14, 2021, given Miya had strong roots in both places. Photo: Facebook

Miya Marcano (inset). Miya Marcano's mother Yma Scarbriel holding the signed documents confirming 'Miya's Law' in June 2022. Photo: Miya Marcano Foundation

The suit, filed Monday, September 26, 2023, in Orange County circuit court by Marlon Marcano and Yma Su-Ling Scarbriel, accuses the agency and deputies Samir Paulino and Kenneth Dale of negligence and violating Miya Marcano’s civil rights.

The late Marcano had strong roots in the [British] Virgin Islands and US Virgin Islands and was the granddaughter of iconic horse owner Violet Letty Hodge of Sea Cows Bay. Ms Hodge could not be reached for comment up to time of publication of this article.

According to the Orlando Sentinel, Michelle Guido, who is a spokesperson for the Sheriff’s Office, declined to respond to the lawsuit, saying the agency does not comment on pending litigation.

‘Deliberately indifferent’

The two Orange County sheriff’s deputies were “deliberately indifferent” to her family’s fears that something terrible happened to Marcano after they never heard from her in September 2021, when she missed a flight to Miami, according to a lawsuit.

An internal investigation led to the suspensions of Paulino, the deputy who first responded to Marcano’s apartment at Arden Villas, and Dale, his supervisor, finding that they failed to act urgently after the young woman’s family reported her missing.

Marcano, a 19-year-old Valencia College student, was killed by Armando Caballero, a maintenance worker who used a master key to access her apartment. Her disappearance was reported on September 24, 2021, after she missed a flight to Fort Lauderdale to visit family.

Marcano’s loved ones “cried out to Paulino and the OCSO for assistance and to save Miya’s life,” their lawsuit states. “Miya died as Paulino, Dale and the OCSO failed to timely respond with assistance and experienced sheriff deputies to fully investigate the family of Miya Marcano’s life-threatening call.”

Her body was found October 2, 2021, bound with duct tape near the dilapidated Tymber Skan apartments. Caballero was found dead by suicide at the Sabal Club Apartments in unincorporated Longwood days before her body was discovered.

Was critical evidence dismissed?

According to Orlando Sentinel, a final OCSO report on the case showed Paulino seemed to dismiss evidence found by a security guard at Arden Villas and family members suggesting Marcano was in danger, such as a set of shelves wedged against the door to her bedroom.

Window locks Marcano’s father had installed were missing, broken jewelry was strewn on the floor and her luggage sat next to her desk. There was also blood found on one of her pillowcases, later confirmed to be hers and Caballero’s, the report said.

“Deputy Paulino did not inform anyone about the evidence of a potential crime he observed inside of Miya’s apartment,” the lawsuit says.

The deputy continued to disregard signs after he returned to Arden Villas after midnight and again just before 5 a.m., despite witnessing a heated exchange between Marcano’s family members and Caballero, who the suit says returned to the complex with visible injuries.

“At no time did Paulino ask for permission to search Caballero’s vehicle,” the suit says.

Family believes Marcano was taken alive

Sheriff John Mina, who initially defended his deputies’ handling of the case, has said that Marcano was likely dead and left at Tymber Skan before she was ever reported missing.

Her family has questioned that — noting that duct tape found on her body suggests she was taken from Arden Villas alive. In their suit, they argue deputies’ reluctance to respond with urgency was harmful whether or not her life could have been saved.

“Deputy Paulino and Corporal Dale’s seriously impeded the investigation of Miya’s disappearance by their failure to act,” the suit alleges, adding that greater urgency would have “at a minimum led to the discovery of Miya much sooner.”

Slap on the wrists?

Paulino was given a 150-hour suspension for unsatisfactory performance as a result of the OCSO investigation and Dale was suspended for 10 hours for violating policy.

Guido said Tuesday that both remain with the agency.

Marcano’s killing spurred the passage of Miya’s Law, which seeks to make apartments safer by requiring employee background checks, a log of who has access to apartments and 24-hour notice to tenants before staff enter a unit for non-emergency repairs.