Sun Sentinel Palm Beach Edition
Miya Marcano’s family sues Arden Villas
Lawsuit accuses apartment complex of negligence in death of 19-year-old resident
The family of Miya Marcano filed a lawsuit Monday against Arden Villas, the apartment complex where the 19-year-old lived and worked before she disappeared and was found dead in a wooded area earlier this month.
The suit accuses Arden Villas and its operator, The Preiss Company, of negligence in Marcano’s death for employing Armando Caballero, a 27-year-old maintenance worker who officials have said is responsible for her killing after making unwanted advances toward Marcano.
The family is pursuing the lawsuit in Orange County circuit court to “hold those responsible for the disappearance and death of Miya fully responsible” and prevent other families from “experiencing the pain and grief with which they are currently dealing,” according to the statement from Jodi Lewis, a spokesperson for the family’s attorney Daryl K. Washington.
“Arden Villas gave Armando Caballero the unfettered access he needed to kill Miya,” Washington said in a statement. “They need to be held accountable for their negligence.”
The complaint also names Caballero’s estate. He was found dead by suicide days before Marcano’s body was discovered.
The complaint is seeking a jury trial and damages in excess of $30,000. Neither Arden Villas nor The Preiss Company immediately responded to a request for comment.
Marcano, a Valencia College student, was hired in June to work at the front office of the apartment complex near UCF, the complaint said.
She exchanged her number with co-workers, including Caballero. Marcano was never made aware, though, of Caballero’s criminal history or previous allegations of harassing women, nor did she know that he would have unsupervised access to her apartment with a master key, the suit said.
Caballero was arrested in 2013 for making an improvised explosive as a “prank” at Warner University in Polk County.
He pleaded guilty to aggravated assault with a deadly weapon and was sentenced to probation. While at least one woman has accused Caballero of “suspicious behavior” before, there is no indication he was ever charged with harassment, sexual assault or stalking.
Chris Daly, a spokesperson for Arden Villas, previously said Caballero had no records of burglary or sexual assault and was required to undergo sexual harassment deterrence training as a new employee.
“Caballero, who was much older than Marcano, appeared to be interested in Marcano and this made her extremely uncomfortable,” the complaint said. “Marcano expressed her concerns to employees of the Arden Villas, as well as to her parents who were concerned that ... the manager of the Arden Villas was not taking the safety concerns of the employees and tenants very seriously. Management at the Arden Villas had a reputation for ignoring the complaints made by both tenants and employees.”
Marcano was reported missing Sept. 24 after she missed a flight to Fort Lauderdale to visit her family. One of her last text messages was to her father, telling him “Love you too” around 5 p.m. when her work shift ended, according to the lawsuit.
Investigators with the Orange County Sheriff’s Office determined Caballero entered Marcano’s apartment with a master key minutes before she was last seen alive.
OCSO released a heavily redacted report last week that did not include a full description of the condition of Marcano’s apartment when deputies arrived, but her family alleges in the lawsuit that a dresser was placed against her bedroom door to prevent entry.
OCSO has not confirmed if a dresser was placed on the door, but a deputy who responded wrote that “the room appeared to be clean and nothing suspicious stood out to me.”
“Once Marcano arrived home, she encountered Caballero, who is believed to have attacked Marcano during a struggle,” the complaint said. “... Caballero would then leave the Arden Villas with Marcano, undetected by Defendants due to their lack of security cameras, policies, and procedures.”
After Marcano’s disappearance, Arden Villas began taking numerous steps to enhance its security protocols, according to Daly.
Immediately after Marcano’s family noticed she was missing, they drove from South Florida to the apartment complex, where no one from Arden Villas came to help them look for Marcano, the lawsuit alleged.
Washington had previously released a video showing Marcano’s family confronting Caballero shortly after she went missing. Washington has criticized OCSO for letting Caballero go free after being questioned — though Sheriff John Mina has argued deputies did not have enough evidence to arrest him.
Caballero was discovered dead at a Seminole County apartment complex before authorities revealed he was a person of interest in the case.
After an eight-day search, Marcano’s body was found Oct. 2 near the dilapidated Tymber Skan apartments. Her mouth, hands and feet were bound with black duct tape, officials said.
“Defendant ... should have known, that prior to [Sept. 24, 2021], Armando Caballero posed a heightened risk,” the lawsuit said. “... The Defendant failed to warn its residents and/or invitees, including but not limited to Marcano, deceased, of the existence of said dangerous conditions.”