In light of recent news of an arrest warrant issued for Cuban dictator Raul Castro over the Brothers to the Rescue shoot down signed by Chief Judge Ariana Fajardo Orshan of the Eleventh Judicial Circuit in Florida, it is important to revisit the facts.
The February 24, 1996 shoot down was an act of state terrorism that blew two civilian aircraft out of the sky with air to air missiles while in international airspace after regime planned the act months beforehand with its espionage network in the United States.
FACT 1: By definition: Terrorism is the calculated use of violence (or the threat of violence) against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear)
Source: Wordnet Search http://wordnetweb.princeton.edu/perl/webwn?s=terrorism
FACT 2: Cuba is responsible for violating the right to life (Article I of the American Declaration of the Rights and Duties of Man) to the detriment of Carlos Costa, Pablo Morales, Mario De La Peña, and Armando Alejandre, who died as a result of the direct actions of its agents on the afternoon of 24 February 1996 while flying through international airspace.
Source: Inter-American Commission on Human Rights September 29, 1999 Report on the Merits https://cidh.oas.org/annualrep/99eng/Merits/Cuba11.589.htm
FACT 3: Cuba is responsible for violating the right to a fair trial (Article XVIII of the American Declaration of the Rights and Duties of Man) to the detriment of the relatives of Carlos Costa, Pablo Morales, Mario De La Peña, and Armando Alejandre, in that to date the Cuban authorities have not conducted an exhaustive investigation with a view toward prosecuting and punishing the perpetrators and have not indemnified those same relatives for the damage they suffered as a result of those illicit acts.
Source: Inter-American Commission on Human Rights September 29, 1999 Report on the Merits https://cidh.oas.org/annualrep/99eng/Merits/Cuba11.589.htm
FACT 4: In Alejandre v. Republic of Cuba, 996 F.Supp. 1239 (S.D.Fla. 1997), a federal district court awarded the families of three of the four occupants of the “ Brothers to the Rescue” planes shot down by Cuba in 1996 a total of $187.7 million in damages against Cuba.
Source: Lawsuits Against State Supporters of Terrorism: An Overview by Jennifer K. Elsea https://fas.org/sgp/crs/terror/RS22094.pdf
FACT 5: WASP spy network was involved. One of the “illegal officers” (Gerardo Hernandez) was convicted of conspiracy to commit first-degree murder based on his role in the February 24, 1996, shoot-down of two unarmed civilian aircraft in international airspace by Cuban Air Force jet fighters, which resulted in the deaths of four people, three of them U.S. citizens.
Source: Department of Justice on Obama Commutations https://www.justice.gov/d9/pages/attachments/2017/08/30/commutation_grants_-_december_15_2014.pdf
FACT 6: Brothers to the Rescue had spotted and saved thousands of rafters in the Florida Straits and was engaged in such a mission on that day. The one plane that skirted the boundary briefly was the only one to return. The other two were shotdown miles away from Cuba’s boundary having never entered or touched it on that day and the planes had been in contact with the Cuban tower throughout the flight.
Source: ICAO Resolution on February 24 shootdown
http://www.icao.int/icao/en/nr/1996/pio199606_e.pdf
FACT 7: On July 26, 1996 the United Nations Security Council: “Noting that the unlawful downing of two civil aircraft on 24 February by the Cuban Air Force violated the principle that States must refrain from using weapons against airborne civil aircraft, the Security Council this afternoon condemned such use as being incompatible with the rules of customary international law “
Source: ICAO Resolution on February 24 shootdown
http://www.icao.int/icao/en/nr/1996/pio199606_e.pdf
FACT 8: Ana Belen Montes, the US intelligence community’s top analyst on Cuban affairs had throughout a sixteen-year career at the Defense Intelligence Agency sent the Cuba intelligence service sensitive and secret information and helped to shape US opinion on Cuba. Investigation against her was triggered by her odd behavior before and after the Brothers to the Rescue shoot down. On September 21 2001 Ana Belen Montes was arrested and subsequently charged with Conspiracy to Commit Espionage for the government of Cuba. Montes eventually pleaded guilty to spying, and in October, 2002, she was sentenced to a 25-year prison term followed by 5 years of probation.
Source: True Believer: Inside the Investigation and Capture of Ana Montes, Cuba’s Master Spy http://www.amazon.com/True-Believer-Inside-Investigation-Capture/dp/1591141001
FACT 9: On December 27, 2010 and again in a January 19, 2011 clarification the defense of Cuban spy-master Gerardo Hernandez acknowledged that “there was overwhelming evidence that the 1996 shoot-down of two Brothers to the Rescue planes occurred in international airspace, not Cuban territory.”
Source: The Miami Herald: Cuban spymaster now claims Brothers to the Rescue shooting was outside Cuban airspace by Jay Weaver December 27, 2010 https://www.sun-sentinel.com/news/fl-xpm-2010-12-27-fl-cuba-spy-20101227-story.html
FACT 10: “Operation Scorpion” was a joint mission conducted by the Directorate of Intelligence (DI) and the Cuban Air Force. Approved at the highest levels of the Castro regime, the operation involved months of planning and espionage work. The two unarmed search-and-rescue aircraft were shot down in international airspace. The mission of Brothers to the Rescue was saving rafters who had fled Cuba.
Source: Cuban Confidential blog by Chris Simmons, a retired United States counterintelligence officer specializing in Latin America.
https://cubaconfidential.wordpress.com/2016/02/24/20-years-ago-today-cuban-military-kills-4-americans-as-part-of-operation-scorpion/
FACT 11: Netflix settled a defamation lawsuit in brought by Jose Basulto of Brothers to the Rescue, who accused the streamer of falsely portraying him as a terrorist and drug trafficker in Olivier Assayas’ political spy thriller Wasp Network.
Source: Netflix Settles Defamation Suit Brought By Cuban Exiles Over Spy Thriller ‘Wasp Network’ https://www.hollywoodreporter.com/business/business-news/netflix-settles-defamation-suit-brought-cuban-exiles-wasp-network-1235806098/
FACT 12: On February 19, 2026 U.S. Representative Mario Díaz-Balart (FL-26) joined Representatives María Elvira Salazar (FL-27) and Carlos A. Giménez (FL-28), alongside Senator Ashley Moody (R-FL), family members of the victims, and leaders of the Cuban American exile community, to commemorate the 30th anniversary of the 1996 downing of two Brothers to the Rescue aircraft and to formally call for the indictment of Raúl Castro for his direct responsibility in the state-sponsored murder of four innocent men.
FACT 13: Federal prosecutors issued a sweeping indictment unsealed in Miami on May 20, 2026 accusing Raúl Castro and other Cuban officials of orchestrating the attack that killed four men over international waters. Raul Castro and Lorenzo Alberto Perez-Perez were indicted on seven counts: Count 1: Conspiracy to kill U.S. Nationals. Count 2: Destruction of Aircraft. Count 3: Destruction of Aircraft. Count 4: Murder. Count 5: Murder. Count 6: Murder. Count 7: Murder. Raul Castro gave the order, and Lorenzo Alberto Perez-Perez pulled the trigger that destroyed the two planes killing the four men. The other four [ Emilio Jose Palacio Blanco , Jose Fidel Gual Barzaga, Raul Simanca Carrdenas, and Luis Raul Gonzalez – Pardo Rodriguez ] took part in the hunt for the Brotherrs to the Rescue planes and were charged with Count 1: Conspiracy to kill U.S. Nationals.
Source: https://cubacenter.org/wp-content/uploads/2026/05/sdfl_superceding_with_cover_1.pdf
FACT 14: Florida’s Attorney General announced in a press release dated October 19, 2026 that the Office of Statewide Prosecution (OSP) and the Florida Department of Law Enforcement (FDLE) secured a state arrest warrant for Raúl Modesto Castro Ruz, charging him with Conspiracy to Commit First-Degree Murder in connection with the February 24, 1996, shootdown of two unarmed Brothers to the Rescue civilian aircraft over international waters.
Attorney General James Uthmeier Secures State Arrest Warrant for Communist Dictator of Cuba, Raúl Castro
TALLAHASSEE, Fla.—Attorney General James Uthmeier announced that the Office of Statewide Prosecution (OSP) and the Florida Department of Law Enforcement (FDLE) secured a state arrest warrant for Raúl Modesto Castro Ruz, charging him with Conspiracy to Commit First-Degree Murder in connection with the February 24, 1996, shootdown of two unarmed Brothers to the Rescue civilian aircraft over international waters. Last year, Attorney General Uthmeier directed OSP to reopen the investigation into Castro.
“Raúl Castro ordered the murder of four Floridians in cold blood, and Florida will never stop pursuing accountability for that communist conspiracy,” said Attorney General James Uthmeier. “The Castro regime’s spies operated in our communities, fed intelligence to Havana, and helped put civilian pilots in the crosshairs of Cuban MiGs. Thirty years later, we are still fighting for justice for Carlos Costa, Pablo Morales, Mario de la Peña, and Armando Alejandre Jr.”
“Attorney General James Uthmeier has been a steadfast advocate for a free Cuba, and when it comes to pursuing justice, he doesn’t just talk about it. He acts,” said U.S. Attorney Jason A. Reding Quiñones. “Our historic federal indictment laid the groundwork, and James and his team have now taken the important step of bringing charges under Florida law. Under President Trump’s administration, we’re committed to pursuing every lawful, prosecutable avenue to bring accountability, including parallel federal and state prosecutions. We’re proud to stand with Florida in seeking justice for the four Americans murdered in the Brothers to the Rescue shootdown nearly 30 years ago.”
“Today’s case development carries a weight that has been felt for years—by the victims’ families, by the community, and by all who have waited for answers,” said FDLE Special Agent in Charge Michael Stein. “FDLE assuming the lead investigative role on this case reflects one of our state’s core approaches to public safety: that the passage of time does not diminish the pursuit of justice. FDLE’s involvement brings not only advanced investigative capabilities, but also the unwavering dedication of the agents and analysts who serve this state.”
“Today’s announcement of a Florida state arrest warrant for Raúl Castro marks a historic step toward accountability for the murders of Carlos Costa, Armando Alejandre Jr., Mario de la Peña, and Pablo Morales,” said Miami Dade Sheriff Rosie Cordero-Stutz. “For thirty years, their families and our Cuban American community have carried this profound loss and refused to let the pursuit of justice fade. We honor their perseverance and recognize the generations of families who have suffered under the Castro regime. I commend Attorney General James Uthmeier for his leadership, determination, and unwavering partnership with law enforcement. He listens, understands what is at stake, and turns that understanding into action. I deeply value the relationship between our offices and our shared commitment to delivering justice for the people we serve. Today’s action sends a clear message: the passage of time does not diminish the value of these lives or our responsibility to pursue accountability.”
The warrant charges Castro with one count of Conspiracy to Commit First-Degree Murder under Florida Statutes §§ 777.04(3) and 782.04(1)(a)1. The offense is a first-degree felony. The court ordered no bond.
According to the affidavit, Castro, then Minister of the Revolutionary Armed Forces (MINFAR) and First Vice President of Cuba, was a final decision-maker in the chain of command that authorized the shootdown. Castro gave senior military leaders standing orders: “Fine, shoot them down at sea when they show up, and those who have the authority are not to consult anyone.”
Cuban Directorate of Intelligence (DI) agents operating as part of the Wasp Network in Miami-Dade and Monroe Counties infiltrated Brothers to the Rescue, reported flight plans, and supported Operación Escorpión (Operation Scorpion). On February 24, 1996, three unarmed Cessna aircraft departed Opa-Locka Airport in Miami-Dade County. After the aircraft crossed the 24th parallel southbound—well outside Cuba’s territorial waters—Cuban MiGs destroyed two of them with air-to-air missiles, killing the four occupants. Both aircraft were traveling away from Cuba and received no warning despite contact with Havana air traffic control.
The affidavit establishes that elements of the conspiracy, including the collection and transmission of flight data by DI agents and related intelligence directives, occurred in the Eleventh Judicial Circuit (Miami-Dade County) and the Sixteenth Judicial Circuit (Monroe County). OSP will assume jurisdiction over the multi-circuit organized criminal conspiracy.
The case remains active and further charges are possible. The warrant was signed by Chief Judge Ariana Fajardo Orshan of the Eleventh Judicial Circuit.
###
