Miami-Dade Sheriff's Office sergeant cleared in 2025 shootout that killed armed man

A Miami-Dade Sheriff’s Office sergeant has been cleared in a shootout last year with an armed suspect who was killed in the gunfire that was caught on camera.

Sgt. Gilberto Crespo was legally justified in the Sept. 16, 2025 shootout that killed 44-year-old Jose Pineda Jr., according to an April 30 Miami-Dade State Attorney’s Office closeout memo obtained by NBC6 on Monday.

The incident began when Miami-Dade Sheriff’s Office officials said they received a 911 call about a man waving a gun at people outside of Davis Grocery in the 21600 block of Southwest 120th Avenue.

“There’s a guy in a Honda…he’s pulling a gun out on everybody, please send the police, hurry up now,” the person says in the call, also released by the sheriff’s office.

According to the closeout memo, witnesses said Pineda was acting erratically, saying he was “ready for anything” and claiming his baby momma had killed their baby and he was “looking for something.”

Body camera footage released by the sheriff’s office showed Crespo arrive and tell Pineda, who was in the van, to show his hands, but Pineda responded that he didn’t have any hands.

Moments later, the video shows a barrage of bullets being fired as the sergeant and Pineda both opened fire.

Crespo took cover behind a pickup truck then fired a few more shots and got on his radio.

“Shots fired, shots fired!” he yells. “Watch for crossfire, he’s armed!”

A second deputy responds as Pineda got out of the van and ended up on the ground, injured, with his gun laying next to him, the video showed.

The gun is kicked away as Pineda is placed in handcuffs. He was taken to a local hospital where he died from his injuries.

Crespo wasn’t injured but photos released by the sheriff’s office showed the sergeant’s vehicle was struck by gunfire and the closeout memo said a tire on his vehicle became flat from one of the rounds.

Another photo showed Pineda’s gun that was recovered at the scene.

Investigators determined from the footage that Pineda fired first and that 34 shots were fired, including 11 from Pineda and 23 from Crespo, the closeout memo said.

“In this case, the reported behavior to police and Pineda Jr.’s actions upon Sergeant Crespo’s arrival constituted a clear danger,” the memo said. “Therefore, based on a review of the law and evidence, Sergeant Crespo’s use of deadly force was legally justified.”