HOMESTEAD (CBS4) – For the first time, we’re seeing videotape from a deadly alcohol-related accident in Homestead and why a former Homestead police officer who was allegedly driving drunk was not charged with DUI manslaughter.

CBS4 has obtained the videotape exclusively through a public records request with the Miami-Dade State Attorney’s office and it graphically shows what happened at 4 a.m. on October 3rd, 2010.

On the tape that was taken from a red light camera, authorities say you see former Homestead Sergeant James Orebaugh heading northbound in his truck with his fiancé Valerie Mae Bishop, who was his front-seat passenger.

Authorities say he had a green light and was driving 44 miles per hour, a mile below the speed limit.

Suddenly, you see a bicyclist, 24-year-old Jose Brito Ceto, ride directly into the path of Orebaugh’s truck. He was knocked off his bicycle. Orebaugh was seen stopping his truck and waiting  for police to arrive. Ceto died while being airlifted to the Ryder Trauma Center at Jackson Memorial Hospital.

A report from the Miami-Dade State Attorney’s office last December 23rd notes that Ceto rode his bicycle into the path of Orebaugh’s vehicle at the intersection of Northeast 8th Street and North Homestead Boulevard. The report says that Ceto was almost struck by another vehicle near the intersection so he sped up his pace on his bicycle.

Prosecutors noted that both Ceto and Orebaugh were drunk, according to tests. But they said that the accident was caused by Ceto. So Orebaugh was charged only with DUI, a misdemeanor.

The State Attorney’s report noted that Orebaugh’s blood alcohol content was .149, which was nearly twice the legal limit. Ocular fluid toxicology results on Ceto indicated a BAC of .18, according to the report.

According to the report, Bishop said she and Orebaugh had just left the Peachtree Lounge and were on their way to McDonald’s for breakfast.

The report says, “A subpoena issued to the Peachtree Lounge returned a bar tab and credit receipt in the name of James E. Orebaugh; the tab includes the purchase of six Miller Lite Beers, two Michelob Ultra Beers, two Smirnoff and Orange Juice drinks and one ‘SS Wash Apple’ drink.” Bishop told investigators that she has consumed Smirnoff and orange juice.

CBS4’s Peter D’Oench tried to reach Orebaugh for comment. He twice stopped by his house in Homestead and knocked on the door but no one answered.

Peter D'Oench

Comments (4)
  1. Jimbo99 says:

    Just me, both were prety ripped, but I’ll go so far as to say, the cyclist being intoxicated created the death situation, he was nearly hit once, sped up and ran a red light. The officer getting a dui, he was appropriately charged here, especially since the 24 yr old was going to kill himself one way or another by being drunker and even more out of control. But the officer, goes to show, you can be drunk out of your mind and drive in a law abiding manner, until something like this makes it more difficult to react or stop.

  2. klhandyman says:


  3. NOT ME says:


  4. DirtyCopsObviously says:

    No, that police officer (from what I’ve been told by locals many times) has actually been charged over 2 times with DUI but of course, his own officers and police let him off as you can clearly see by this article (3 actually, if I can remember correctly)

    The officer that night was supposedly spotted at Sam’s Hideaway and the Mutineer, drinking of course as those are popular bars in this town (which he is often seen at)…. he was most certainly drunk the night he hit the bicyclist I’ve been told by many people in Sams.

    Matter of fact, the POS drunky cop that got away with this DUI hit and run, and multiple DUIs, was drinking last night I have been told, funny and both shocking at the same time to see his name on the TV…. a month after I heard the story about him getting off on this very article, its actually proven true now on TV!

    Also, he is supposedly STILL working for the Homestead Police Department.

    Incredible….. wow.