Exclusive video shows why family of 13-year-old hit and killed in Cape Coral is filing civil rights complaint

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A still image before the moments Justin Argenti was struck and killed in Cape Coral. CREDIT: WINK News
A still image before the moments Justin Argenti was struck and killed in Cape Coral. CREDIT: WINK News

In a newly released exclusive video sent to WINK news, you can see the moments before a 13-year-old was fatally struck while riding his electric scooter in Cape Coral.

The family of Justin Argenti, who was hit while riding his electric scooter on Sept. 9, 2023, at the intersection of West Rotunda Parkway and Academy Boulevard, has now filed a civil rights complaint with the Department of Justice.

Robert Argenti, Justin’s grandfather, who raised him since his birth, said the driver did not face any citations or charges related to the crash, so now he’s pushing for something more to be done.

He also alleges a Cape Coral police officer told the driver what to write in his witness statement detailing the crash.

The Cape Coral police report stated that their investigation determined the driver was going 48 mph in a 35 mph zone.

“He’s traveling at a high rate of speed to a residential area entering an intersection on a Saturday afternoon when the kids are out of school and people are all out and about,” Argenti said. “He’s drugged, driving in a reckless manner and struck and killed my son who had just turned 13 years old.”

In his civil rights complaint filed Monday, Argenti argues the never-before-seen Nest camera video proves the driver was speeding and negligent in his grandson’s death. The video above shows the deadly impact, but we froze it because of its graphic nature.

Argenti also said the body cam footage in the video at the top of this article shows a Cape Coral Officer telling the driver what to write in his account of what happened.

“It was obvious he was coaching. You’re not supposed to say anything to him,” Argenti said. “You give him your statement to write out, and he writes it out. If he can’t speak English, if he only speaks Spanish, he writes it in Spanish, and then you interpret it. You don’t tell him what to say.”

Argenti said the mayor and Cape Coral Police Chief have not responded to his requests to speak with them over the last few months, so now he’s relying on the NAACP and the Department of Justice.

“My son was killed in this city, and these people don’t give a damn, nobody cares. They don’t care. They just want to go on cover it up. It’s just totally unacceptable, and I’m not going to stop. I’m going to keep pushing,” Argenti said. “I tried to reach out to the chief of police numerous times that I’ve called his office and left messages for him, the deputy chief. They would never return my calls. This went on for weeks.”

Cape Coral Police will not talk about the civil rights complaint. As for the crash itself, investigators concluded Justin failed to stop or even slow down on his scooter as he approached the intersection.

While Argenti is white, his grandson is black, and he believes race played a factor in Cape Coral Police not pursuing charges against the driver.

The NAACP plans to hold a press conference later this week with the family of Justin Argenti at the Cape Coral Police Department.

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