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Tuesday, January 19, 2010
5:30 PM
City of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Regular Meeting City Hall Chambers
Civilian Investigative Panel
Thomas Rebull, Chairperson
Thomas Cobitz, Vice Chair
Susan Weintraub, Secretary
Fred St. Amand, Treasurer
Michelle Delancy, Rudy de la Guardia, Raymond Hart
Janet McAliley, Bess McElroy, Timothy Moore
Brenda Shapiro
Meeting Agenda - Final
January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
PLEDGE
ROLL CALL
APPROVING THE MINUTES OF
ADMINISTRATIVE ISSUESA.
CASE MANAGEMENTB.
ADJOURNMENT
Case: Melissa Jane Sturgis CIP#: 06-281 IA#: 06-171
Involved Officer(s):
Nestor Garcia #02184
Allegations:
Misconduct
Recommendation(s):
Close as No Finding on Misconduct (Summary Disposition). The Complainant
claims that on 04-21-06 Officer Garcia arrested her because she asked for his
name and badge number. Internal Affairs closed case with a finding of
Information Only as the Complainant failed to cooperate. Although the case
was reviewed by the CIP, it is beyond the 120-day time frame and presented
no underlying concerns related to policies or procedures.
Case: Juan Gonzalez CIP # 08-330 IA #Unknown
Involved Officer(s):
Commander Jose Alfonso #0122
Allegation(s):
Improper Proceedure
The Complainant, Mr. Juan Gonzalez alleges that on 6/25/08 Cmdr. Jose
Alfonso #0122 requested consent to search the home of his Grandmother, Ms.
Elda Forcelledo, and that he threatened eviction and arrest when consent was
denied. According to Mr. Gonzalez, there were no independent witnesses to
the event. Only Mr. Gonzalez and his brother, Carlos Renteria, witnessed the
event. Mr. Gonzalez was not sure whether, his brother, Mr. Renteria would
testify.
Mr. Gonzalez stated during his interview that the neighbor's kids had been
arrested for narcotics violations on the same date that Commander Alfonso
wanted permission to search for drugs at the grandmother's residence. Mr.
Gonzalez lives at his grandmother's house and he has a prior conviction for
marijuana possession. Also, it appears that the brother, Mr. Renteria, has a
Page 2 City of Miami Printed on 5/12/2010
January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
felony conviction for cocaine possession.
This case was a direct file with the CIP.
Recommendation(s):
Close case as No Finding on Misconduct for the reason that the complainant
has failed to produce information to further the investigation.
Procedural History:
06-26-08 CIP Received Complaint
06-30-08 CIP Assigned
07-29-08 Called Mr. Gonzalez at his listed phone number, 305-649-1139,
and spoke with the grandmother. Ms. Forselledo stated that she did not know
Mr. Gonzalez' cell phone number. She stated that she would give him the
message to call the CIP.
08-25-08 A 10-Day “Wish to pursue” letter was mailed to Mr. Gonzalez'
address as indicated on the CIP complaint form.
09-15-08 Called 305-649-1139 again; the number has been disconnected.
09-15-08 Successfully reached Mr. Gonzalez at new number. He stated he
would have Ms. Forcelledo and Mr. Renteria call for interviews.
09-22-08 Both of the above-mentioned witnesses failed to contact this office.
09-22-08 Submitted for Closure
09-22-08 Chief Investigator's Recommendation
09-06-08 Independent Counsel's Concurrence
Case: Yolanda Robaina CIP#: 09-361 IA#: 09-335
Involved Officer(s):
Unknown Officer
Allegation(s):
Discourtesy
DOI: September 8, 2009
According to the complainant, Yolanda Robaina, on September 8, 2009, an
unknown male officer stopped her at N.E. 2nd Avenue and 29th Street and
used the "F" word multiple times when addressing her. A review of the
Internal Affairs investigation revealed that Ms. Robaina was unable to identify
the officer in question. Internal Affairs rendered a finding of Inconclusive as to
the allegation of Discourtesy.
Page 3 City of Miami Printed on 5/12/2010
January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
Recommendation(s):
Close as No Finding as to the allegation of Discourtesy based on the CIP's
concurrence with the findings of Internal Affairs.
Procedural History:
10-28-09 The Internal Affairs investigative report was received.
11-03-09 Independent Counsel reviewed and classified the complaint/case
as a Pre-Panel Closure.
12-10-09 Case Closed.
Case: City of Miami (Lt. Lillie Harris) CIP#: 09-348 IA#: 09-184
Involved Officer(s):
Lt. Lillie Harris
Allegation(s):
Misconduct
DOI: On-going
Lieutenant Lillie Harris routinely failed to work a 10-hour shift without prior
authorization or deducting the hours from her time bank. Internal Affairs
rendered a finding of Substantiated and on May 21, 2009 Lt. Harris was
relieved of duty pending the dispostion of a Criminal/Administrative
investigation.
Recommendation(s):
Close as a Pre-Panel Closure based on the CIP's concurrence with the
findings of Internal Affairs.
Procedural History:
10-28-09 The Internal Affairs investigative report was received.
11-03-09 Independent Counsel reviewed and classified the complaint/case
as a Pre-Panel Closure.
12-10-09 Case Closed.
Case: Sonja L. Williams CIP#: 09-360 IA#: 09-205
Involved Officer(s):
Officer Melissa Thomas-#7020
Page 4 City of Miami Printed on 5/12/2010
January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
Allegation(s):
Discourtesy
DOI: May 30, 2009
The complainant, Sonja Williams alleged that on the aforementioned date,
Officer Thomas responded to her residence and was unprofessional when she
flailed her upper extremities. Internal Affairs dispositioned the case as
Inconclusive as to the allegation of Discourtesy.
Recommendation(s):
Close as a Pre-Panel Closure based on the CIP's concurrence with the
findings of Internal Affairs.
Procedural History:
10-28-09 The Internal Affairs investigative report was received.
11-03-09 Independent Counsel reviewed and classified the complaint/case
as a Pre-Panel Closure.
12-10-09 Case Closed.
Case: Angel Yune CIP#: 09-324 IA#: 09-206
Involved Officer(s):
Officer Cid Fernandez-#1967
Allegation(s):
Discourtesy
DOI: June 3, 2009
The complainant, Angel Yune alleged that on June 3, 2009 he observed
Officer Cid Fernandez stopped his wife, Nancy Ocon at 3482 NW 22nd Avenue
for an undisclosed reason and used the "F" word when he inquired about the
stop. Officer Fernandez disclosed during his sworn recorded Internal Affairs
Recommendation(s):
Close as a Pre-Panel Closure based on the CIP's concurrence with the
findings of Internal Affairs.
Procedural History:
10-28-09 The Internal Affairs investigative report was received.
11-03-09 Independent Counsel reviewed and classified the complaint/case
as a Pre-Panel Closure.
12-10-09 Case Closed.
Page 5 City of Miami Printed on 5/12/2010
January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
Case: Larry Williams CIP#: 09-296 IA#: 09-372
Involved Officer(s):
Angel Calzadilla-#0789
Nestor Garcia-#2184
Allegation(s):
Discourtesy
Improper Procedure
DOI: August 14, 2009
Mr. Larry V. Williams alleges that on August 14, 2009, he was arrested in the
area of N.W. 2 Court and 9 Street by Officers Nestor Garcia and Senior
Executive Assistant Angel Calzadilla for Disorderly Conduct. Senior Executive
Assistant Angel Calzadilla allegedly contacted Officer Garcia directly , not via
dispatch, and requested that he come to the scene. Mr. Williams claims that
during his arrest, he was dressed in a President Barack Obama hat and t-shirt
when Senior Executive Assistant Angel Calzadilla stated, "You will not be
drinking beer with Barack Obama, in the White House," referencing the
Professor Gates' incident. Mr. Williams beleives the comment to be racially
biased and that he was falsely arrested by Officer Garcia. According to Mr.
Williams, following his arrest he was placed in the backseat of the police
cruiser while Officer Garcia proceeded to conduct multiple drug raids and two
additional arrests in the Overtown Area for the next two hours. Mr. Williams
also alleges Officer Garcia conducted the raids with the back window of the
police vehicle down so as to expose his face to local drug dealers in an attempt
to portray him as a "snitch." Senior Executive Assistant Angel Calzadilla
reportedly followed Officer Garcia in his unmarked vehicle. A review of the
Computer Aided Dispatch ("CAD") reports reveal that after Officer Garcia
arrested Mr. Williams, he did make two (2) additional stops regarding exigent
circumstances. One case involved someone in possession of a firearm in plain
view and the second stop involved multiple drug arrests wherein the arrestees
were already detained by fellow officers and Officer Garcia 's assistance was
required with regard to transporting one (1) of the offenders. The supervisor
was notified of the additional stops and transporting delay, according to CAD
records. Internal Affairs rendered a disposition of Inconclusive regarding the
allegation of Discourtesy as to Senior Executive Assistant Angel Calzadilla . The
allegation of Improper Procedure was classified as Inconclusive regarding
Officer Garcia.
Observations:
*Officer Nestor Garcia is currently on the CIP's Monitoring List.
Recommendation(s):
Close as Not Sustained as to the allegation of Improper Procedure regarding
Officer Nestor Garcia. Close as Not Sustained as to the allegation of
Page 6 City of Miami Printed on 5/12/2010
January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
Discourtesy regarding Executive Assistant Angel Calzadilla.
Procedural History:
09-16-09 An incomplete Direct File Complaint was received.
09-17-09 Correspondence acknowledging receipt of the complaint, in
addition to a request for additional information regarding the complaint, was
forwarded to the complainant via e-mail and U.S. Mail.
09-18-09 Face-to-Face contact was conducted with the complainant and the
completed complaint packet was obtained.
09-22-09 Correspondence regarding the status of the case was forwarded to
the complainant.
10-15-09 Arrest Affidavit #090814-254247 was obtained from the MPD.
10-16-09 A public information request for the 911 Communications tapes
was forwarded to Barbara Delgado, MPD Communications Manager.
10-22-09 The 911 dispatch tape was received and reviewed by the CIP (the
tape indicated that Mr. Williams complained that he was being harassed and
was uncertain of the harasser's identity).
10-28-09 The Internal Affairs Investigative Report was received.
12-06-09 Telephonic contact was initiated with Mr. Williams regarding the
status of the investigation.
12-16-09 The Internal Affairs file and taped statements were obtained and
reviewed.
12-31-09 Submitted for Closure with Investigator's recommendation to close
the case as Not Sustained as to the allegation of Improper Procedure
regarding Officer Nestor Garcia and Not Sustained as to the allegation of
Discourtesy lodged against Senior Executive Assistant Angel Calzadilla .
12-31-09 Independent Counsel's Concurrence.
01-08-10 The case was presented before the Complaints Committee and
the recommendation of Not Sustained regarding the allegations of Improper
Procedure and Discourtesy lodged Officer Garcia and Calzadilla respectively ,
was approved.
01-19-10 The case was presented before the full Panel a nd the
aforementioned recommendations were accepted.
01-20-10 Face-to-Face contact was initiated with Thomas Horner, (305)
373-2683 (attorney for Larry Williams) who listened to the communications
tape in the CIP office and inquired as to the CIP's findings. Mr. Horner
Page 7 City of Miami Printed on 5/12/2010
January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
indicated that Mr. Williams did not inform him of the venue change. Mr. Horner
was informed that the CIP e-mailed the information regarding the venue
change to Mr. Williams at [email protected].
Case: Lee Harris CIP#: 09-173 IA#: 09-167
Involved Officer(s):
Josue Herrera-#27890
Allegation(s):
Improper Procedure
DOI: April 18, 2009
Mr. Lee Harris stated that on April 18, 2009, he was walking with a female to
Miami--Dade Community College when a security guard contacted the police
over a prior issue that was previously resolved. According to Mr. Harris, Officer
Herrera arrived on the scene and instructed him to sit on the ground. Mr. Harris
indicated to Officer Herrera that since he was not under arrest , he would rather
stand. In response, Officer Herrera allegedly grabbed Mr. Harris' arm,
slammed him to the ground, and charged him with trespassing. Following the
arrest, Officer Herrera reportedly informed Mr. Harris he could not take all his
personal possessions with him to jail, which consisted of a gym bag, a
business kit valued at $400.00, a prepaid cellular phone, leather case, Iowa
food stamp card, and clothing. Mr. Harris stated after his release from jail, he
went to the Miami Police Central Station to retrieve his belongings and some of
his personal items were unaccounted for. Mr. Harris further alleged that he
contacted Officer Herrera at the Central Police Station reference his property
and Officer Herrera informed him that he had thrown away the rest of Mr .
Harris' property. Officer Herrera disclosed during his sworn Internal Affairs
statement that he had discarded the personal property of Mr. Harris. Based
upon Officer Herrera's admission, Internal Affairs Substantiated the allegation
of Improper Procedure and concluded that Officer Herrera violated the
following Departmental Orders:
DEPARTAMENTAL ORDER 11 Chapter 10 HOMELESS:
· 10.7 PROPERTY: 10.7.1 The City shall respect the personal property of all
homeless persons. Officers shall follow existing policies for taking custody of
personal property. In no event shall any officer destroy any personal person, or
readily recognizable as property of a homeless person unless it is
contaminated or otherwise poses a health hazard to an officer or to members
of the public. Officers are not responsible for taking custody of mattresses.
· 10.7.2.1 The arresting officer shall always attempt to secure personal items
such as identification, medicines and eyeglasses and other small items of
importance identified by the arrestee, which are not large or bulky, in
accordance with the police department's existing procedures;
· 10.7.2.2 The arresting officer shall ensure that large or bulky items (which
are not contaminated or otherwise pose a health hazard to the officers or to
members of the public) are not abandoned at the point of arrest, but rather
Page 8 City of Miami Printed on 5/12/2010
January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
secured by an outreach worker and maintained by existing outreach
procedures. If an outreach worker is unavailable, then it must be secured by
the arresting officer until an outreach worker becomes available to assume its
maintenance in accordance with existing outreach procedures.
· 10.7.3 In no event shall any law enforcement officer destroy any personal
property known to belong to a homeless person, or readily recognizable as
property of a homeless person (i.e. clothing and other belongings organized or
packaged together in a way indicating it has been abandoned) except as
permissible by law (in accordance with the department's operating
procedures), or if the property is contaminated or otherwise poses a health
hazard to officers or to members of the public.
DEPARTMENTAL ORDER 14 CHAPTER 3 PROPERTY UNIT:
· 3.4.2.2 Prisoner's Personal Property: Personal property taken from
prisoners will be checked in at the Booking Desk at the Miami-Dade County
Jail. The County facility will accept only one bag per prisoner and it can be no
larger than 17" inches by 12" inches by 6 3/4" inches. The Property Unit will
store larger items such as duffel bags, suitcases and other containers that will
not be accepted at the Miami-Dade County Jail
Recommendation(s):
Close as Sustained as to the allegation of Improper Procedure regarding
Officer Josue Herrera based on the officer's admission he failed to properly
secure the complainant's personal possessions.
Procedural History:
05-05-09 Direct File Complaint was received.
05-05-09 A face-to-face interview was conducted with the complainant.
05-06-09 Independent Counsel conducted a preliminary review of the
complaint.
05-06-09 Direct File Complaint was forwarded to the MPD.
05-08-09 Correspondence acknowledging receipt of the complaint was
forwarded to the complainant, Lee Harris via U.S. Mail.
08-21-09 The Internal Affairs Investigative Report was received by the CIP.
08-27-09 Independent Counsel conducted a secondary review of the file and
Internal Affairs Investigative Report.
11-20-09 Arrest Affidavit #090418-116739 was obtained from the MPD.
11-24-09 A public records request regarding disciplinary history of Officer
Josue Herrera was requested from the MPD.
Page 9 City of Miami Printed on 5/12/2010
January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
12-09-09 The MPD was contacted via e-mail regarding the status of the
CIP's public records request regarding the disciplinary history of Officer Josue
Herrera.
12-09-09 The disciplinary history of Officer Josue Herrera was received by
the CIP. Officer Herrera received a Record of Formal Counseling for the
infraction in question.
12-16-09 The complete Internal Affairs file and recorded statements were
obtained and reviewed.
12-31-09 Submitted for Closure with Investigator's recommendation to close
the case as Sustained as to the allegation of Improper regarding Officer
Herrera.
12-31-09 Independent Counsel's Concurrence.
01-08-10 The case was presented before the Complaints Committee and
the recommendation to Sustain the allegation of Improper Procedure lodged
against Officer Herrera was approved.
Case: Tanya Monk CIP#: 09-177 IA#: 08-383
Involved Officer(s):
Shemia Hall-#27566
Claudia Celestin-#1070
Allegation(s):
Discourtesy
Negligence of Duty
DOI: November 30, 2009
Ms. Tanya Monk alleges that Officer Shemia Hall and Sergeant Claudia
Celestin failed to generate a police report after her son's father knocked out a
tooth (implant) during a physical altercation. She also claims that Officer
Shemia Hall used profanity during the police encounter and refused to contact
the State Department of Children and Families ("DCF") regarding suspected
child abuse. Internal Affairs rendered a finding of Inconclusive regarding the
allegation of Discourtesy filed against Officer Shemia Hall based on the
absence of independent witnesses. Sergeant Celestin was Cleared on the
allegation of Negligence of Duty. Internal Affairs determined that Sergeant
Celestin interviewed several officers on the scene who all classified the incident
as corporal punishment. Sergeant Celestin was informed by Officer Hall that
the Domestic Violence unit was consulted regarding the incident and
subsequently provided instructions to reclassify the call as a disturbance (the
call was initially classified as a domestic violence incident) and the MPD does
not generate reports for disturbance calls.
Observations:
· According to the recorded statements, three (3) MPD officers responded to
a domestic violence call involving a father allegedly knocking a child's tooth out
Page 10 City of Miami Printed on 5/12/2010
January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
with his hand. All three (3) officers classified the incident as "corporal
punishment" and determined that a referral to DCF was not warranted.
· A review of the Internal Affairs recorded statements revealed that Peter
Reynolds was identified as the Domestic Violence detective contacted by
Officer Hall regarding the case in question. However, Detective Reynolds
indicated in his sworn statement that he does not recall speaking with Officer
Hall regarding the Monk case, does not have any notes regarding the incident
nor does he typically become involved with cases regarding corporal
punishment. Detective Reynolds also indicated that the Domestic Violence unit
instructs officers to generate a report if a citizen requests one . Additionally,
Det. Reynolds is a domestic violence investigator however; the MPD
departmental policy requires that allegations of child abuse be reported to a
sexual battery/child abuse investigator.
· The Internal Affairs recorded statements also revealed even after Ms. Monk
visited a local MPD police station, an officer still did not contact a child
abuse/exploitation detective nor DCF regarding the allegation of child abuse as
required in Departmental Order 9, Chapter 2 § 2.4 Procedures, which requires
Mandatory Notification of Sexual Battery/Child Abuse Cases to Investigators:
Sexual Battery/Child Abuse investigators will be notified of all sexual battery
cases, child abuse or neglect cases, lewd and lascivious cases involving
minors, and all aggravated elderly abuse cases. A unit investigator must be
notified of any department contact or arrest of a designated sexual predator or
sexual offender. Ms. Monk was provided with DCF's telephone number and
she reported the incident to the DCF child abuse hotline.
Recommendation(s):
Close as No Finding based on the complainant's failure to cooperate with the
investigation.
Procedural History:
05-07-09 The Internal Affairs report was received.
12-04-09 A 10-Day letter was forwarded to the complainant.
12-16-09 The Internal Affairs file and recorded statements was obtained and
reviewed.
12-28-09 A public information request regarding fire-rescue services was
submitted to the MPD Fire Prevention Bureau via e-mail.
12-29-09 Telephonic contact was initiated with the complainant and she
indicated that she is not interested in pursuing an independent investigation
and requested the CIP not re-contact her.
12-31-09 Case submitted for closure with Investigator's recommendation of
No Finding.
12-31-09 Independent Counsel's Concurrence.
Page 11 City of Miami Printed on 5/12/2010
January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
01-08-10 The case was presented before the Complaints Committee and
the recommendation of No Finding as to the allegation of Improper Procedure
lodged against Officers Hall and Celestin was approved.
01-19-10 The case was presented before the Full Panel and the
recommendation of No Finding as to the allegation of Improper Procedure
lodged against Officers Hall and Celestin was approved.
Case: Alcene Williams CIP#: 09-362 IA#: 09-336
Involved Officer(s):
Alejandro Gutierrez-#27878
Allegation(s):
Discourtesy
DOI: September 7, 2009
The complainant, Mrs. Alcene Williams, alleges that on September 7, 2009,
Officer Gutierrez pulled her vehicle over at N.W. 12 Avenue & 71 Street. Mrs
Williams stated Officer Gutierrez called three other units to the scene as if she
and her mother, Mrs. Hamlah Williams, were criminals. Officer Gutierrez
allegedly failed to inform Mrs. Williams of her traffic violation but issued her
citation #9027-RTR1( for speeding) while three (3) officers blocked her vehicle
in. According to Mrs. Williams, Officer Gutierrez treated her mother
unprofessionally by loudly instructing her to get back inside the car. It was
further alleged by Mrs. Williams that the unprofessional behavior of Officer
Gutierrez caused her mother to cry. Following the issuance of the ticket, Mrs.
Williams stated Officer Gutierrez drove off smiling and laughing at her and her
mother as if he considered the ordeal a joke. Internal Affairs classified their
investigation as Withdrawn alleging Mrs. Williams voluntarily rescinded her
complaint.
Recommendation:
This appears to be one of several cases handled by Internal Affairs Detective
Agustin Rabasa wherein the complainant denies voluntarily retracting their
complaint. It is therefore recommended that this complaint be resubmitted to
Internal Affairs for subsequent investigation.
Procedural History:
10-28-09 The Internal Affairs investigative report was received.
11-05-09 A 10-Day letter was forwarded to the complainant.
11-05-09 Telephonic contact was initiated with the complainant, Mrs. Alcene
Williams, and she adamantly denied voluntarily rescinding her complaint. Mrs.
Williams acknowledged reading the contents of the Voluntary Withdrawal Form
Page 12 City of Miami Printed on 5/12/2010
January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
however; she alleged the Internal Affairs detective indicated signing the form
was a formality required of all complainants and the matter would still be
investigated. This appears to be one of several cases handled by Internal
Affairs detective Augustin Rabasa wherein the complainant denies voluntarily
withdrawing the complaint. It is recommended that this case be resubmitted to
Internal Affairs for subsequent investigation.
11-06-09 A follow-up letter in addition to a copy of the Internal Affairs report
was forwarded to the complainant with instructions to notify the CIP of any
inaccuracies or omissions regarding the Internal Affairs investigation .
11-12-09 Telephonic contact was initiated with the complainant and she
reiterated that she did not voluntarily withdraw her complaint. Mrs. Williams
indicated that her statements were grossly misrepresented in the Internal
Affairs report regarding how the case was concluded.
12-30-09 An on-line database search regarding Mrs. Williams revealed
citation #9027 RTR 1 was dispositioned as adjudication withheld.
12-31-09 Case submitted for closure.
12-31-09 Independent Counsel's Concurrence.
01-08-10 The case was presented before the Complaints Committee and a
vote was passed to present the case before the full panel for final disposition.
01-19-10 The case was presented before the full Panel and a finding of No
Finding was rendered regarding the allegation of Discourtesy.
Case: Tom Philips CIP#: 09-365 IA#: 09-453
Involved Officer(s):
Unknown
Allegation(s):
Misconduct
DOI: Unknown
An individual telephonically contacted the CIP and alleged that an unidentified
City of Miami Police Captain accepted the offer of the Miami Yacht Club
(located at 1001 McArthur Causeway, Miami, FL) waiving their $1,800 initiation
fee for his admission into the organization. The fee was reportedly waived
because the board members anticipate this individual may some day become
Chief of Police. The complainant emphasized that he does not want to get
involved and is not interested in completing a complaint form; he is simply
"passing along the information". The complainant reluctantly identified himself
as "Tom Philips" and the caller ID screen did not provide a telephone number
("private number" appeared on the display screen). Internal Affairs classified
the case as "Information Only" based on the unavailability of the complainant.
Recommendation:
Page 13 City of Miami Printed on 5/12/2010
January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
Close as No Finding (Summary Disposition) based on the unavailability of the
complainant.
Procedural History:
11-13-09 Direct File complaint was received.
11-13-09 Independent Counsel conducted a preliminary review of the case.
11-13-09 The complaint was forwarded to the MPD.
12-28-09 Internal Affairs correspondence was received indicating the case
has been closed as Information Only until such time as the complainant comes
forward with additional information. Internal Affairs also indicated the Miami
Yacht Club was contacted regarding the allegation and an agency
representative indicated that all MPD officers who are members of the club are
current on all monthly fees and dues (the letter did not indicate whether any
officers received abridged initiation fees).
12-29-09 An e-mail was forwarded to the Miami Yacht Club regarding the
allegation in question.
12-29-09 Telephonic contact was initiated with Gus Vuloaga, the
Commodore at the Miami Yacht Club and he denied the allegation and stated
the organization has waived certain fees for members but never for the a police
officer. Mr. Vuloaga alleged that the MPD officers are being targeted by
individuals who are angry over receiving citations for various land and water
violations.
12-31-09 Case submitted for closure with Investigator's recommendation of
No Finding.
12-31-09 Independent Counsel's Concurrence.
01-08-10 The case was presented before the Complaints Committee and
the recommendation of No Finding as to the allegation of Misconduct was
approved.
Case: Roberto Almonte CIP#: 09-257 IA#: 09-090
Involved Officer(s):
Anthony Perez-#5580
Allegation(s):
Discourtesy
DOI: March 15, 2009
On March 15, 2009, following the Calle Ocho festival, Mr. Almonte was
arrested for battery on a law enforcement officer with a motor vehicle (victim
Officer Perez) and failure to obey a law enforcement officer (MPD Case
#090315-078258). Mr. Almonte alleges that once he disobeyed the officers
Page 14 City of Miami Printed on 5/12/2010
January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
command to reposition his vehicle, Officer Perez approached him and using
profanity, inquired if he wanted to go to jail. Officer Perez allegedly grabbed
Mr. Almonte, pulled him out of the car, handcuffed him and continued to use
the word "F" word. Mr. Almonte claims his vehicle, a 1998 Cadillac, was
damaged when it was towed to Ted & Stans Storage yard located at 658 N.W.
30 Street. Mr. Almonte claims that he was advised by Ted & Stans that the
damages to the front bumper, glove box, and windshield wipers control were
done by the police because they were searching for narcotics and he (Mr.
Almonte) is black. Internal Affairs classified the case as Inconclusive based on
the absence of independent witnesses.
Recommendation:
Close as No Finding (summary disposition) based on the limitations of
investigative statutory timeframes.
Procedural History:
07-31-09 The Internal Affairs investigative report was received.
07-31-09 Independent Counsel conducted a preliminary review of the case.
08-06-09 An on-line database search was conducted regarding the
complainant, Roberto Almonte, which revealed the criminal case is still
pending.
08-10-09 A 10-Day Letter was forwarded to the complainant.
08-13-09 Telephonic contact was made with Mr. Almonte with a request that
he provide a supplemental narrative regarding any inaccuracies or omissions
pertaining to the Internal Affairs investigation.
08-27-09 A supplemental narrative was received by the CIP from the
complainant.
08-28-09 Independent Counsel conducted a secondary review of the file and
Internal Affairs Investigative Report.
09-01-09 Face-to-Face contact was made with witness, Pablo Castillo
(witness provided by the complainant) regarding the incident and he requested
to meet at another time as this date was inconvenient for him.
12-30-09 Telephonic contact was attempted with witness, Delsa Garcia,
without success.
12-30-09 An on-line database search revealed that the criminal case
regarding Mr. Almonte was dispositioned as No Action.
12-31-09 Case submitted for closure with Investigator's recommendation of
No Finding.
Page 15 City of Miami Printed on 5/12/2010
January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
12-31-09 Independent Counsel's Concurrence.
01-08-10 The case was presented before the Complaints Committee and
the recommendation of No Finding as to the allegation of Discourtesy was
approved.
Case: City of Miami (Officer Manuel Castillo) CIP#: 09-349 IA#: C09-348
Involved Officer(s):
Manuel Castillo-#0908
Allegation(s):
Misconduct
DOI: June 28, 2009
On June 28, 2009, the MPD Communications Unit received a telephone call
from the Florida Highway Patrol advising they were investigating a road rage
incident that involved Detective Manuel Castillo. The caller, Lieutenant Allen
Carter of the Florida Highway Patrol, advised that Sgt. Visney stopped
Detective Castillo as a result of a 911 call where a motorist alleged Detective
Castillo was driving aggressively and displayed a firearm in a threatening
manner. Internal Affairs classified the case as "Information Only" after multiple
unsuccessful attempts to contact the complainants (Erica Mock and Robert
Allen). The State Attorney's Office in Hillsborough County where the incident
occurred, provided written correspondence indicating they attempted to contact
the complainants as well (including by subpoena) and were unsuccessful.
Recommendation:
Close as No Finding (Summary Disposition) based on the unavailability of the
complainants.
Procedural History:
10-28-09 The Internal Affairs investigative report was received.
11-03-09 Independent Counsel conducted a preliminary review of the case.
11-03-09 Telephonic contact with the complainants was initiated and the
telephone number was determined to be inoperable.
11-03-09 An on-line database search was conducted regarding the
complainants did not reveal any additional or supplemental information.
11-03-09 A public records request was made with the MPD requesting the
Internal Affairs file.
11-04-09 The Hillsborough County State Attorney's Office Close-Out
Memorandum was received and reviewed by the CIP. The Close-Out
memorandum states the SAO is unable to preceed with prosection for the
following reasons:
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January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
· As part of this office's pre-filing investigation, the undersigned ASA
attempted to contact the victims. A letter was sent out to each victim requesting
that they contact this office and arrange a pre-filing interview within 10 days;
however the letters were returned undelivered. Subsequently, two subpoenas
were issued and served on the victims to appear before the State. However,
both victims failed to appear and have made no effort to contact this office .
Without the cooperation of the victims, the State would be unable to prove
beyond a reasonable doubt the charge of improper exhibition of a firearm. For
this reason, the charge will be declined.
12-16-09 The Internal Affairs file and communications tapes produced by the
FHP and the MPD were obtained and reviewed.
12-31-09 Case submitted for closure with Investigator's recommendation of
No Finding.
12-31-09 Independent Counsel's Concurrence.
01-08-10 The case was presented before the Complaints Committee and
the recommendation of No Finding as to the allegation of Misconduct was
approved.
Case: Diego Fernandez CIP#: 09-328 IA#: 09-039
Involved Officer(s):
Lieutenant Jorge Castro-#0928
Allegation(s):
Discourtesy
DOI: February 5th 2009
Mr. Fernandez alleges that on February 5, 2009, while waiting for parking in
the rear of Bayside with his wife and son, he had a dispute with a City of Miami
police officer. Mr. Fernandez claims a white Hispanic male in a white Chevrolet
Malibu approached him and made a facial and hand gesture for him to move
his vehicle. Mr. Fernandez did not move because he was still waiting for
parking. In response, the driver turned on red and blue police lights in his
vehicle. According to Mr. Fernandez, when he saw the lights, he realized that
now he was dealing with a police officer and not someone looking for trouble .
Mr. Fernandez stated that he pulled alongside the officer, later identified as
Lieutenant Castro, and lowered his window. Lieutenant Castro yelled at him
and stated, "Don't you see that I'm coming in." Lieutenant Castro
subsequently issued him a citation for obstructing a traffic lane (#7211-FEX 4).
Mr. Fernandez also alleges that Lieutenant Castro ultimately challenged him to
a meeting outside the presence of his wife and son. Internal Affairs classified
the case as Inconclusive based on the absence of independent witnesses to
refute or substantiate the allegation.
Recommendation:
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January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
Close as No Finding (Summary Disposition) based on the complainant's
voluntary rescission of the complaint.
Procedural History:
10-08-09 The Internal Affairs investigative report was received.
10-14-09 Independent Counsel conducted a preliminary review of the case.
10-14-09 A 10-Day letter along with a copy of the Internal Affairs Investigative
Report was forwarded to the complainant.
11-04-09 Telephonic contact was made with the complainant, Mr.
Fernandez, who stated that he did not wish to pursue an independent
investigation.
12-31-09 Case submitted for closure with Investigator's recommendation of
No Finding.
12-31-09 Independent Counsel's Concurrence.
01-08-10 The case was presented before the Complaints Committee and
the recommendation of No Finding as to the allegation of Discourtesy was
approved.
Case: Alberto Garcia CIP#: 09-398 IA#: 09-291
Involved Officer(s):
Lester Bohnenblust-#0464
Allegation(s):
Discourtesy
DOI: July 30, 2009
Mr. Alberto F. Alvarez Garcia stated that on July 30, 2009, Officer Lester
Bohnenblust responded to the Navarro Pharmacy located at 3949 S.W. 8
Street reference a shoplifter. During the shoplifting incident, Mr. Garcia alleges
that Officer Bohnenblust instructed him to stop the shoplifter and when he
refused, Officer Bohnenblust shoved him against his police vehicle in a rough
manner. Mr. Garcia alleges the officer told him in Spanish, "tu no me
entiendes? Al parecer estas muy viejo y noentiendes nada" (Don't you
understand me? It seems you're too old and do not understand anything.).
Internal Affairs dispositioned the case as Withdrawn based on the
complainant's voluntary retraction of his complaint.
Recommendation:
This appears to be one of several cases handled by Internal Affairs Detective
Agustin Rabasa wherein the complainant denies voluntarily retracting their
complaint. It is therefore recommended that this complaint be resubmitted to
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January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
Internal Affairs for subsequent investigation.
Procedural History:
12-03-09 The Internal Affairs investigative report was received.
12-10-09 Independent Counsel conducted a preliminary review of the case.
12-10-09 A 10-Day letter along with a copy of the Internal Affairs Investigative
Report was forwarded to the complainant.
12-23-09 Telephonic contact was made with the complainant and he indicated
he did not wish to pursue an independent investigation. However; the
complainant denied voluntarily withdrawing his complaint with Internal Affairs .
Mr. Garcia stated he signed the withdrawal notice without reading it based on
the detective's assertion that signing the notice was a formality required of all
complainants.
12-31-09 Case submitted for closure.
12-31-09 Independent Counsel's Concurrence.
01-08-10 The case was presented before the Complaints Committee and a
vote was passed to present the case before the full panel for final disposition.
01-19-10 The case was presented before the full Panel and the
recommendation of No Finding as to the allegation of Discourtesy was
approved.
Case: Fernando Bacallao CIP#: 09-310 IA#: 08-363
Involved Officer(s):
Tammy Chinea-#1051
Juan Nodal-#5267
Allegation(s):
Misconduct
Missing Property
DOI: October 2, 2009
Mr. Fernando Bacallao alleged on October 2, 2008 while at Yambo's restaurant
located at 1643 S.W. 1 Street, he was arrested by Officer Tammy Chinea and
thrown on top of the police vehicle. During the arrest Officer Tammy Chinea
allegedly told Mr. Bacallao she was going to take his flare gun, shove it in his
rectum and fire the flare to see him blow up. Juan Nodal reportedly conducted
a search of Mr. Bacallao and stole $628.00 in U.S. currency and he also called
him a queer (maricon), a Taliban and a Muslim, all because he has a Raul
Martinez and a Barack Obama bumper sticker on his vehicle. Mr. Bacallao
stated he had a brown bag in the trunk of his vehicle that contained
approximately $9,000.00 worth of jewelry, which was also went missing. When
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January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
Mr. Bacallao went to collect his vehicle from Ted and Stan's tow yard, he was
allegedly informed by an employee that the officers came to the yard , searched
his vehicle and took his property. Internal Affairs cleared Officer Tammy
Chinea and Juan Nodal on the allegation of Discourtesy. The allegation of
Missing Property was dispositioned as Inconclusive by Internal Affairs
regarding Officer Nodal.
Recommendation:
Close as No Finding (Summary Disposition) based on the unavailability of the
complainant.
Procedural History:
09-23-09 The Internal Affairs investigative report was received.
09-23-09 Independent Counsel conducted a preliminary review of the case.
09-24-09 A 10-Day letter along with a copy of the Internal Affairs Investigative
Report was forwarded to the complainant.
12-09-09 A public information request was placed with the MPD regarding the
Internal Affairs filed.
12-16-09 The Internal Affairs file was received which contained a property
receipt indicating the complainant collected several of the items he alleged
were stolen by the police. The Internal Affairs file also contained taped
statements from Yambo's employees as well as employees for Ted and Stan
Towing, all of whom refute Mr. Bacallao's account of the incident in question.
12-30-09 Telephonic contact was initiated with the complainant and the
respondent indicated the CIP has an incorrect telephone number for Mr .
Bacallao.
12-30-09 An on-line database search did not reveal any new information
regarding the complainant.
12-31-09 Case submitted for closure with Investigator's recommendation of
No Finding.
12-31-09 Independent Counsel's Concurrence.
01-08-10 The case was presented before the Complaints Committee and
the recommendation of No Finding regarding the allegations of Misconduct and
Missing Property as to the principal officers was approved.
Case: Carlos Reyes CIP#: 09-322 IA#: 09-324
Involved Officer(s):
Sergeant David Peraza-#0909
Allegation(s):
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January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
Discourtesy
DOI: August 27, 2009
Mr. Carlos Reyes stated that on August 27, 2009, he was driving behind
Sergeant Peraza on Grand Avenue. Mr. Reyes stated after making a right turn,
Sergeant Peraza changed lanes and got behind him when he passed him. Mr.
Reyes stated after being stopped, Sergeant Peraza asked him, in Spanish, if
he thought he was funny (Tu te cres gracioso) and stated that he was going to
punch him and slap him three times. Mr. Reyes stated after being asked for the
keys to his vehicle, Sergeant Peraza took him out of the vehicle and searched
him. Mr. Reyes stated after being given two summonses (0811-RQK 2 and
0812-RQK 3) for Following Too Closely and for No Seat Belt, Sergeant Peraza
told him in Spanish, Next time I see you, I'm going to kick you three times and
send you to bed warm (Cuando te vea otra vez, te voy a dar tres patadas y te
voy a mandar a dormir calientico). Mr. Reyes stated he is not complaining
about the summonses, but that Sergeant Peraza had no need to treat him as
he did. Internal Affairs rendered a disposition of Inconclusive based on the
absence of independent witnesses.
Recommendation:
Close as a Pre-Panel Closure based on the CIP's concurrence with the
findings of Internal Affairs.
Case: Mike Hayes CIP#: 09-337 IA#: 09-227
Involved Officer(s):
Carlos Mendez-#4714
Allegation(s):
Discourtesy
DOI: July 23, 2009
Mr. Mike C. Hayes alleged that on July 23, 2009, City of Miami Police Officer
Carlos Mendez told him along with his brother and several friends, "What the
fuck are you guys doing here? Everybody get the fuck out of here." Officer
Mendez drove by five minutes later and flashed his middle finger and told Mr.
Hayes, "Fuck you". Internal Affairs classified the case as Information Only
based upon the complainant's failure to cooperate.
Recommendation:
Close as a Pre-Panel Closure per Independent Counsel.
Case: Reynaldo F. Loggin CIP#: 09-353 IA#: 09-274
Involved Officer(s):
Marlon Arana-#27876
Allegation(s):
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January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
Missing Property
DOI: July 22, 2009
Mr. Reynaldo Loggin alleged that on July 22, 2009, Officer Marlon Arana
falsely arrested him at 1075 Biscayne Boulevard in Bicentennial Park and did
not give him back his driver's license and a credit card. Internal Affairs
classified as "Information Only" based on the unavailability of the complainant.
Recommendation:
Close as No Finding (Summary Disposition) based on the unavailability of the
complainant.
Case: Yolanda Robaina CIP#: 09-361 IA#: 09-335
Involved Officer(s):
Unknown
Allegation(s):
Discourtesy
DOI: September 8, 2009
Ms. Yolanda Robaina stated on September 8, 2009, she was stopped by an
unknown officer at N.E. 2nd Avenue and 29th Street. According to Ms. Robaina
during the conversation with the officer he told her, "I don't give a fuck what
you are doing. You need to turn your fucking lights on. Just get in your fucking
car and turn your fucking lights on and just go." Ms. Robaina attempted to
explain that she was speeding in route to care for her ill mother and the
unidentified police officer reportedly stated "I don't give a fuck what's going on
with your mom." Internal Affairs rendered a finding of Inconclusive regarding
the allegation of Discourtesy lodged against the unknown officer .
Recommendation:
Close as Pre-Panel Closure based on the CIP's concurrence with the
disposition of Internal Affairs.
Case: Reginald Dawson CIP#: 09-323 IA#: 09-288
Involved Officer(s):
Ofren Vera-#7361
William Gonzalez-#27043
Allegation(s):
Discourtesy
DOI: July 29, 2009
Mr. Reginald Dawson alleged that on July 29, 2009, he was at the intersection
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January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
of Hibiscus Street and Williams Avenue when Officer Ofren Vera and Officer
William Gonzalez drove by in a marked police vehicle and shot birdies at him.
Internal Affairs rendered a finding of "Cleared" after Computer Aided Dispatch
("CAD") records revealed neither officer was on duty or working an off duty job
at the time of the alleged incident.
Recommendation:
Close as Pre-Panel Closure based on the CIP's concurrence with the
disposition of Internal Affairs.
Case: City of Miami (Esdras Vilbrun) CIP#: 09-356 IA#: 09-318
Involved Officer(s):
Esdras Vilbrun-Solid Waste Employee
Allegation(s):
Misconduct
DOI: August 20, 2009
On August 20, 2009, City of Miami Police Officer Orlando Merced witnessed a
Miami Dade County Animal Services Employee, Mr. Esdras Vilbrun swipe his
issued Miami Dade County gas card and utilize his authorization code, to
illegally dispense fuel to an unauthorized black Dodge Charger. Mr. Enoch
Vilbrun allowed his brother, a City of Miami Solid Waste employee, to dispense
the fuel into the black Dodge Charger. Officer Merced witnessed and
photographed the incident. Officer Merced observed Mr. Esdras Vilbrun
wearing a City of Miami Solid Waste Uniform dispense 6.1 gallons of fuel
inside the black Dodge Charger bearing Florida Tag # 433-XUE. Officer
Merced approached both employees and questioned their actions at which
time they confessed to the theft of the fuel. Internal Affairs Substantiated the
allegation of Misconduct (theft) and reported the incident to the State Attorney's
Office.
Recommendation:
Close as No Finding (Summary Disposition) since the CIP has no jurisdiction
regarding civilians or non-MPD employees.
Case: Maria Clemenza CIP#: 09-256 IA#: 09-219
Involved Officer(s):
Josue Herrera-#27890
Allegation(s):
Discourtesy
Improper Procedure
DOI: June 2, 2009
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January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
Mrs. Maria Clemenza stated that on June 2, 2009, during a traffic stop, Officer
Kenia Revilla yelled at her to, "get off the car." When Mrs. Clemeza asked
Officer Revilla why does she have to "Get off the car, he replied "Because I
said so." Ms. Clemenza stated that she asked Officer Revilla for his name and
badge number and he replied, "I don't have to give you anything." Internal
Affairs classified the case as "Information Only" based upon the complainant's
failure to cooperate.
Recommendation:
Close as No Finding (Summary Disposition) based on the complainant's
disclosure to the CIP that she is not interesting in pursuing an independent
investigation.
Case: Ismaelia Castillo CIP#: 09-326 IA#: 09-262
Involved Officer(s):
Ismaelia Castillo-Public Service Aide
Allegation(s):
Improper Procedure
DOI: July 15, 2009
Mr. Correa alleged that on July 15, 2009, P.S.A. Castillo was shopping for tints
while on duty. Internal Affairs rendered a finding of Inconclusive.
Recommendation:
Close as a Pre-Panel Closure (Summary Disposition) since the CIP does not
have jurisdiction to investigate civilian MPD employees.
Case: Tramell Carter CIP#: 09-374 IA#: 09-276
Involved Officer(s):
Unknown
Allegation(s):
Missing Property
DOI: July 24, 2009
Mr. Carter stated that on July 24, 2009, he went to Club Mansion on South
Beach on a job assignment. Mr. Carter also stated he took two boxes of belts
with him, but only took one set of belts inside the club to give out as gifts.
While at the club, Mr. Carter reported that he drank Patron Tequila and vodka
with cranberry juice. After leaving the club and in route to his home, Mr. Carter
stated that he blacked out and struck a wall and was ultimately arrested for
driving under the influence. When Mr. Carter was taken into custody, inside his
vehicle were three belts inside a black box on the floor, his jacket on the front
passenger seat containing his Sony digital camera, his Florida identification
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January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
card in the right side pocket and his cell phone in the center console.
Following his release from jail, Mr. Carter allegedly discovered that his Sony
digital camera and three designer belts were missing. Mr. Carter
acknowledges that his recollection of the night in question is poor and he does
not recall how many officers were at the scene. Internal Affairs dispositioned
the case as "Inconclusive" based on the absence of independent witnesses.
Recommendation:
Close as Not Sustained. The complainant concedes that he cannot determine
when or where his property disappeared and that the vehicle was at several
locations (the scene, tow yard and auto repair shop) before the complainant
realized that his property was missing.
12-01-09 The Internal Affairs Investigative Report was received.
12-01-09 Case forwarded to Independent Counsel for preliminary review.
01-19-10 Telephonic contact was made with the complainant regarding the
status of the CIP review/investigation.
01-20-10 A telephonic interview was conducted with Mr. Carter, the
complainant (who resides in California).
01-21-10 A 10-Day Letter, accompanied by the Internal Affairs investigative
report was forwarded to the complainant.
01-22-10 Additional telephonic contact was conducted with Mr. Carter,
wherein he acknowledged that he was impaired on the night in question and
his vehicle was present at several locations (the scene, tow yard and the auto
repair shop) before he realized that his property was missing. Mr. Carter also
stated that he cannot identify the location as to where his property disappeared
or who may have been responsible for the alleged theft.
03-22-10 The Internal Affairs recorded statements were obtained and
reviewed.
05-05-10 Case submitted for closure with Investigator's recommendation of
No Finding.
05-05-10 Independent Counsel's concurrence.
Case: Idania Amargos CIP#: 09-369 IA#: 09-376
Involved Officer(s):
Luis Sanchez-#27988
Carlos Deschamps-#01478
Allegation(s):
Misconduct
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January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
DOI: October 2, 2009
Ms. Idania Amargos stated Officer Carlos Deschamps stopped her for
speeding on October 2, 2009, at N.W. 11 Street and 30 Avenue. According to
Ms. Amargos, Officer Deschamps took the keys out of her vehicle and threw
them onto Officer Christi Adams' vehicle and told her, "Call the president if you
want." Ms. Amargos stated Officer Luis Sanchez told her, "Are you unable to
sign the ticket and talk at the same time. What, you can't multi task?" Internal
Affairs rendered a finding of Inconclusive regarding the allegation of
Discourtesy as to Officers Deschamps and Sanchez based on the absence of
independent witnesses.
Recommendation:
Close as No Finding (Summary Dispostion) based on the CIP's concurrence
with Internal Affairs disposition.
Case: City of Miami (Officer Johnnie Mathis) CIP#: 09-260 IA#: 09-197
Involved Officer(s):
Johnnie Mathis-#4477
Allegation(s):
Misconduct
DOI: May 28, 2009
Sergeant Catherine Carter stated that on May 28, 2009, she was assigned to
supervise on the A shift in Coconut Grove. She was the early sergeant and
reported to work at 5:00am. Part of Sergeant Carter's responsibilities included
preparing the P-sheet. Officer Mathis contacted Sergeant Carter on her cell
phone just before the start of his tour of duty (6:00am) and requested to have
the first hour off to transport his child to day care. Sergeant Carter informed
him that he had no time on the books and asked if he could make it by 7:00am.
Sergeant Carter carried Officer Mathis for the first hour. According to Sergeant
Carter, Officer Mathis eventually appeared for work at 8:40am with blood shot
eyes and redolent of alcohol. When confronted with Sergeant Carter's
observations, Officer Mathis alleged that he imbibed several alcoholic
beverages the night before and was unable to maintain his basic hygienic
regimen on the day in question (alleged he did not brush his teeth, shave or
wash his face that morning). Officer Mathis was required to submit to a blood
test at the Healthcare Center located at 7911 NW 72nd Avenue and he tested
positive for ethanol. There was no remedial action taken by the Miami Police
Department since Officer Mathis has since resigned from the force. Internal
Affairs Substantiated the allegation of Misconduct based senior staff 's
observations and a positive alcohol screening.
Recommendations:
Close case as No Finding based on the CIP's concurrence with the disposition
of Internal Affairs.
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Case: Sonja Williams CIP#: 09-360 IA#: 09-205
Involved Officer(s):
Melissa Thomas-#7020
Allegation(s):
Discourtesy
DOI: May 30, 2009
Mrs. Williams stated that on May 30, 2009, she called the police reference a
dispute with her neighbor. Mrs. Williams stated that Officers Melissa Thomas
and Armando Alvarez arrived at her residence and Officer Thomas spoke to
her, while Officer Alvarez spoke to her neighbor. Officer Thomas allegedly
approached Ms. Williams very unprofessionally, moving her arms and body all
over the place speaking loudly and ordering her to put out her cigarette. Mrs.
Williams stated that after explaining to Officer Thomas the reason for her call ,
she told her, "Why don't you guys make peace and get along. Just move the
garbage. How would you feel if someone places garbage in front of your
door?" Mrs. Williams stated that as Officer Thomas finished making her
statement, Officer Alvarez approached them and stated loudly in front of her
kids, "Ma'am, move the garbage or I'm going to arrest you. You will go to jail for
aggravated battery because your neighbor stated that you had a machete."
Mrs. Williams stated that after seeing Officer Thomas and Officer Alvarez '
unprofessional behavior, she asked Officer Thomas to please contact her
supervisor. Mrs. Williams stated that Sergeant Benjamin Payen #5539
responded after a few minutes and conducted himself in the professional and
impartial manner that she wishes Officer Thomas and Officer Alvarez would
have conducted themselves. Internal Affairs rendered a finding of Inconclusive
regarding the allegation of Discourtesy lodged against Officer Thomas.
Recommendations:
Close as No Finding ( Pre-Panel Closure) based on the CIP's concurrence
with the disposition of Internal Affairs.
Case: Patricia Gates CIP#: 09-358 IA#: 09-357
Involved Officer(s):
Schonton Harris-#2014
Allegation(s):
Discourtesy
DOI: May 8, 2009
Ms. Patricia Gates stated that Officer Schonton Harris is the Godmother to her
daughter, Linda Doyle and periodically kept the child. On Mother's Day Ms.
Gates alleged Officer Harris would not allow her to see her daughter . Ms.
Gates stated she told Officer Harris she wanted to see her daughter on
Mother's Day and Officer Harris did not bring her daughter on Mother 's Day nor
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January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
did she answer her telephone. Ms. Gates stated she was able to contact
Officer Harris after Mother's Day and when she questioned her as to why she
did not bring her daughter back or why she did not answer her telephone,
Officer Harris asked her, "Who the fuck are you to question me?" Internal
Affairs finalized the case as Inconclusive regarding the allegation of
Discourtesy lodged against Officer Harris based on the absence of
independent witnesses.
Recommendations:Close as No Finding (Pre-Panel Closure) based on the
CIP's concurrence with the Internal Affairs findings.
Case: Ermelinda Gabriel CIP#: 09-327 IA#: 09-305
Involved Officer(s):
Eduardo Martinez-#28379(Public Servic Aide)
Allegation(s):
Misconduct
DOI: August 12, 2009
Ms. Ermelinda Gabriel alleged that on August 12, 2009, at 570 S.W. 7 Street
#3, during a verbal domestic dispute with P.S.A. Eduardo Martinez over their
child, he grabbed her by the shoulders and threw her to the floor. P.S.A.
Martinez then climbed on top of her and placed his hands around her neck
stating, "I'm going to fuck you over." Ms. Gabriel stated after threatening to kill
her, P.S.A. Martinez left her residence. It was also alleged by Ms. Gabriel that
during the argument, P.S.A. Martinez retrieved a firearm and pointed it at her
while she was holding their child. Ms. Gabriel ultimately disclosed that she
fabricated the statements after PSA Martinez threatened to have her deported
and have their child remove from her custody. Internal Affairs rendered a
finding of Inconclusive as to the allegation of Misconduct lodged against P.S.A
Martinez.
Recommendations:
Close as a No Finding (Pre-Panel Closure) since the CIP does not have
jurisdiction to investigate civilian employees of the Miami Police Department.
Case: Howard Herring CIP#: 09-341 IA#: 09-429
Involved Officer(s):
David Patton
Allegation(s):
Abusive Treatment
DOI: June 19, 2009
Mr. Howard Herring stated on June 19, 2009, he observed a policeman on
horseback, receive a cup of coffee from the outdoor counter at 3032 Biscayne
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January 19, 2010Civilian Investigative Panel Meeting Agenda - Final
Boulevard and pour the cup of coffee onto a homeless male, who was sitting
on the ground. Mr. Herring stated the officer's purpose seemed to be to move
the homeless male from the front of the supermarket. Mr. Herring stated as he
drove off, the homeless male stumbled away and he was unable to assess the
immediate harm that was done to the homeless male. Internal Affairs classified
the case as Withdrawn based on the unavailability of the complainant.
Recommendations:
INVESTIGATION HEARINGC.
DISCUSSIONSD.
RESOLUTIONSE.
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