MARATHON (CBS4) – A South Florida man has filed a lawsuit against several agencies for the wrongful death of this fiancée, Monroe County Sheriff’s Office Deputy Misty Powers.

“I still remember my daughter lying in the bed, shedding tears telling me that she wanted to go to heaven to be with her mommy,” said an undercover police officer named Lazaro.

His daughter, 7-year-old Autumn will mature into a woman, without her mother by her side.

Deputy Powers was Lazaro’s fiance. He is now raising their little girl alone.

“She still wakes up in the morning and asks me daddy can I brush my teeth with mommy’s toothbrush? She’ll go in the closet and put on her mommy’s high heel shoes and walk around the house with them,” Lazaro told CBS4’s Natalia Zea.

Deputy Powers was killed in a car accident in June of 2010, while responding to a call that her Sergeant, Thomas Kiffney, was in trouble. She sped down Overseas Highway in Key Largo with her police lights on trying to reach him. She swerved around a car that pulled out and slammed into a tractor trailer parked next to the road.

Lazaro has now filed a lawsuit, suing everyone involved in Powers’ death. He’s suing Sgt. Kiffney, who it turns out was never in danger. The lawsuit alleges Sgt. Kiffney simply chose to go MIA while on duty.

“It was the search for this sergeant that led to all of the events which ultimately caused Misty to be killed,” attorney David Brill told Zea.

The lawsuit also accuses the owner of the tractor trailer of parking it illegally- 10 feet too close to the road.

Lazaro is also suing the company that installed Powers’ patrol car laptop, allegedly incorrectly. This bar is the bottom piece of that laptop holder.

“There was no place for her body to go other than into that laptop. It impaled her,” said Brill.

Lazaro wants those who made so many little mistakes to pay for the tragic end result: A little girl facing the rest of her life without her mother.

The lawsuit also alleges that state law requires the Monroe County Sheriff’s Office to pay Powers’ family $50,000 because she was killed in the line of duty. Brill says after he filed the suit, the Sheriff’s Office reached out and offered the money.

The Sheriff’s Office has not returned CBS4 News’ repeated calls for comment on this story.

Comments (2)
  1. daimen bokk says:

    The facts of this case most likely will never be known to anyone outside Marathon, she was speeding, at a rate totally uncalled for, during a period when she should not have been doing what she was doing and the sad fact is SHE brought her death upon herself by her own poor judgement. Doing close to 100 in a 35 mph zone will get anyone killed, that’s why there are speed limits. She killed herself with poor judgement and believeing the laws this time of physics did not apply to her.

  2. dan says:

    @ bokk. , Let’s pretend …. You child drowns, your family member stops breathing , you call 911 . I am the cop that is five miles from your house , do u want me to drive 35 miles an hour , even if it took me 2 minutes to get to you , you would still say I took too long. The cops don’t have anyone else to back them up , the cover their own butts out here. She died thinking the sgt was in trouble and never had the chance to know that he was not. Yes she was driving overly fast and thank go no one else was hurt or killed but let’s get past the speed and look at what got the ball rolling. Oh and by the way the sheriff dept does not have a speed limit when responding on code calls , go figure. Thank you and may god bless the deputies soul