Fatal Publix Shooting in Coral Gables Sparks Lawsuit Over Lack of Security
CORAL GABLES, FL – The family of Franklyn Pineyro, Sr. is demanding justice following his fatal shooting inside a Coral Gables Publix supermarket earlier this year. Surveillance footage from the incident reveals a violent escalation that ended with Pineyro being gunned down at the front of the store — a tragedy his attorney now says was entirely preventable.
The deadly encounter occurred in February 2025 and has since become the center of a wrongful death lawsuit filed against both Publix Super Markets, Inc. and the alleged shooter, identified as Osmel Lugo Gutierrez.
Video Captures Confrontation Turned Fatal
Security footage reviewed by CBS4 Miami shows Pineyro, wearing orange, standing at the counter when Gutierrez abruptly pushes his shopping cart into the victim’s legs. What appears to begin as a minor altercation quickly spirals out of control. The video allegedly shows the two men engaging in a verbal confrontation before Gutierrez pulls out a firearm and fatally shoots Pineyro inside the store.
Attorney Michael Levine, representing the Pineyro estate, argues that the absence of security at the Publix store was a critical failure.
“There is a standard for grocery stores in this part of Miami to have security in place,” Levine told CBS4. “This should never happen. Somebody should never be shot after an altercation escalates in the front entrance of the grocery store without any intervention.”
Negligence Lawsuit Filed Against Publix and the Alleged Gunman
The wrongful death suit claims that Publix failed to meet industry-standard safety measures by not employing armed security at the Coral Gables location, despite being in an area where violent incidents have occurred in the past. The suit also targets Osmel Lugo Gutierrez directly, seeking accountability for Pineyro’s death.
The Pineyro family is alleging that both negligence on the part of the supermarket and the willful act of violence committed by Gutierrez contributed to the loss of their loved one.
As of publication, Publix has declined to comment, citing company policy on open investigations and pending litigation.
Public Safety and Corporate Responsibility Under Scrutiny
The lawsuit is expected to raise broader questions about corporate responsibility and public safety in retail environments, particularly in areas where tensions can escalate quickly. While many South Florida grocery stores—especially in urban zones—do employ visible security personnel, their presence is not mandated by law, and standards vary widely by location.
Legal experts note that the outcome of this case could set a precedent for how grocery chains and other retailers address in-store security going forward.
Shooter Faces Criminal Charges
Osmel Lugo Gutierrez is facing criminal prosecution in connection with the shooting. While details about his defense have not been made public, legal analysts suggest that surveillance video will be a critical piece of evidence in both the civil and criminal cases.
A Community in Mourning
Franklyn Pineyro, Sr. was described by friends and family as a kind, hardworking man who never sought confrontation. His sudden and violent death has stunned the Coral Gables community and prompted renewed calls for increased safety protocols in public spaces.
