ORLANDO, Fla. — After a year-long investigation, the Orlando Police Department has concluded the owners of the Pulse nightclub will not be charged with involuntary manslaughter.
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This investigation began after 23 survivors and relatives of victims killed filed complaints, claiming the Pomas’ alleged inaction was criminal.
They claim that if it weren’t for Barbara and Rosario Poma’s negligence, alleged code violations, and unpermitted renovations, more people would have been able to escape this building and survive the morning of June 12, 2016.
The investigator said none of the Poma’s alleged actions were done with “a reckless disregard of human life”. This is why OPD concluded that they should not be charged criminally.
Read: Pulse nightclub owners will not be charged with involuntary manslaughter, records show
However, the investigator writes, “Even if it could be proven some of the victims killed could have survived if it were not for these alleged building and fire code violations,” the wrongdoing of [Omar] Mateen is legally an independent intervening act which supersedes any possible criminal liability the Pomas could have had for any of the deaths.”
Since the tragedy, countless survivors have shared their stories, like Miguel Leiva, days after the shooting, who described the struggle to exit the building.
“There was nowhere to go. There was no exit. There was no window to break to get out, so I just ran into the bathroom,” Leiva said in June 2016 to Eyewitness News.
Read: Pulse families weigh whether building, police should be part of memorial
What the report found
The report mentions a May 2016 inspection, less than a month before the shooting, in which the Fire Department noted “the doors are inoperable.” But the investigator said he couldn’t determine if the Pomas fixed the fire violations by the shooting.
He noted the fire inspection report was vague, and the Pomas didn’t interview for the investigation.
However, the investigation did note issues survivors and victims’ families have pointed out—including that the club had unpermitted renovations. The investigator says there was no evidence the city’s permitting division ever made Pulse obtain permits after discovering the problem.
The report also notes that the city never followed up with the Pomas after learning the club was being operated as a nightclub instead of a restaurant or martini bar as approved.
“There’s a pattern of lack of accountability and lack of follow up there to,” said survivor Darelis Torres.
Read: City of Orlando hires third party to lead Pulse Memorial project
Survivors concerned about the investigation’s thoroughness
Some survivors tell Channel 9 that the investigation’s conclusion is not the outcome they hoped for.
“You could have saved someone’s lives just from simple modifications. These people. Are gone because. Some because they weren’t able to get out,” said Tiara Parker one of the 23 people who filed written statements with Orlando Police.
She says they wanted to see justice and accountability. Now, some survivors are questioning the thoroughness of the investigation. She and other survivors claim there was no follow up by OPD after they submitted their written statement.
“I’m just a little confused on how you guys came up with this conclusion. And there’s there was no real investigation. You haven’t talked to anyone that provided the report,” Parker said.
The report says the investigator conducted phone and in-person interviews with those who filed complaints.
The Orlando Police says the process in this investigation was consistent with others and that it was thorough. The Department said their investigator completed a comprehensive review of all evidence brought forward.
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In the 23-page final report, the investigator details and analyzes numerous letters, inspections, reports, emails, and pictures provided in the filed complaints.
Some survivors claim the Orlando Police Department’s conduct of the investigation was conflicting. They’re now asking for a third-party investigation into the alleged code violations.
“It’s their code inspectors that has to report and follow through and not allow them to continue their business,” said Orlando Torres, another survivor.
“So you’re concerned about a conflict with this investigation, a conflict of interest?” WFTV asked.
“Yes, it is a conflict of interest because the city doesn’t want to look bad or get sued,” said Orlando Torres.
OPD says the department must investigate anything that’s brought to them that happened in their jurisdiction and reiterated that this investigation was handled just like any other.
The City of Orlando also responded:
“The Pulse shooting was a tragic and horrific event that took the lives of 49 innocent people and affected hundreds in our community. That impact, pain and grief are far-reaching and still felt today, so we understand the desire for more answers.
In 2023, a police report was filed regarding the Pulse building and any potential violations at the time of the shooting. Numerous investigations have been conducted since the tragedy to include the lead investigation by the FBI.
Upon receiving these complaints, OPD conducted a thorough investigation and comprehensive review of all evidence presented by the complainants.
“In regard to your inquiry on violations, all fire inspections, code enforcement and permitting records related to the building demonstrate that the Pulse facility was safe, that it met occupancy, fire and related requirements. There was no pattern of critical life-safety violations.”
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