Wednesday’s opinion by the 3rd District Court of Appeals stated that Aledda was unable to share information regarding his SWAT training with Assistant Police Chief Angel Rivera and that this led to a new trial.
“While the state was permitted to present evidence about how other officers responded to the situation and how shocked those officers were that Aledda fired the weapon, the trial court’s challenged apparentiary ruling precluded Aledda’s defense,” Wednesday’s ruling stated.
Arnaldo Rivera-Soto, an autistic male, fled from his group home on July 18, 2016 with a silver truck in his hands. Charles Kinsey was his caretaker and followed him. However, a caller thought Rios-Soto had a gun and police arrived on the scene.
Kinsey was seen lying on his stomach, with his hands raised in the air, and begs officers not to shoot. Kinsey also stated that he shouted repeatedly at Rios-Soto that he was holding a toy truck.
Aledda stated that he had never heard Kinsey speak, and that he did not hear any comments from another officer suggesting Rios-Soto wasn’t holding a gun. He claimed he believed Rios Soto was holding Kinsey captive and that his life was in peril in the minutes before the shooting.
“I thought it was a hostage situation. He seemed to be screaming for help or mercy. “I thought the white male had a gun,” Aledda stated during her 2019 testimony in court. “I couldn’t hear the black man speak. “I thought he might be shot,” I thought in my head.
He fired three shots, striking Kinsey in his leg.
The State Attorney Katherine Fernandez Rundle stated Wednesday that the court’s decision was “disappointing”, and that the state would explore other options.
