City of Miami. City Hall 3500 Pan American Drive Miami, FL Meeting Agenda - Final. Tuesday, March 15, :30 PM

Transcription

1 City of Miami City Hall 3500 Pan American Drive Miami, FL Tuesday, 5:30 PM Miami City Hall Commission Chambers Civilian Investigative Panel Horacio Stuart Aguirre, Chair Rolando Aedo, Vice-Chair Grace Casas, Secretary Barbara Gimenez, Treasurer Rafael Cabrera, Eileen Damaso, Deidria Davis Ducosse Delva, Mairlyn Lightbourn, Douglas Mayer Alvaro Puente, Daniel Suarez

2 PLEDGE OF ALLEGIANCE ROLL CALL APPROVING THE AGENDA FOR MARCH 15, 2016 APPROVING THE MINUTES FOR FEBRUARY 16, 2016 A. REPORTS B. CASE MANAGEMENT C. INVESTIGATIONS D. NO FINDINGS E. PUBLIC FORUM F. ANNOUNCEMENTS A. 1 Chairperson - Horacio S. Aguirre A. 2 Independent Counsel - John Quick, Esq. A. 3 Executive Director - Cristina Beamud It is important for those in attendance and our viewing audience to know that this month, the cases presented before the full Panel have gone through several levels of review; to include a comprehensive analysis by the CIP's Complaints Committee which is obligated to examine complaints, ascertain facts and draw conclusions based on information and evidence presented by staff and complainants prior to making a finding or recommendation. Therefore, the recommended dispositions going forth tonight are those of the CIP Complaints Committee. At the conclusion of an investigation or review into an allegation of misconduct, the CIP renders one of the following findings: * UNFOUNDED: The acts complained of did not occur or were misconstrued. * EXONERATED: The acts occurred, but the review or investigation shows such acts were proper. * NOT SUSTAINED: There were insufficient facts to prove or disprove the allegation. * SUSTAINED: There were sufficient facts to prove the allegations. * NO FINDING: Where the complainant failed to produce information to further the investigation, another agency was responsible and the complaint has been referred to that agency, the complainant withdrew the complaint, the complainant is unavailable to clarify the complaint, the officer is no longer employed by the City, or the CIP did not reach a conclusion. The CIP may also close a case with a classification of No Findings, prior to completing the review process, when it is determined that further action is not warranted. Friday, April 1, Complaints Committee Meeting at the CIP Office 970 S.W. 1st. Street; Suite 305 Miami, FL Tuesday, April 19, Panel Meeting at City Hall Commission's Chambers 3500 Pan American Drive; Miami, FL City of Miami Page 2

3 C. INVESTIGATIONS C. 1 Case: Jorge Martinez CIP#: IA#: S Involved Officer(s): Matthew Hall, 2692 Allegation(s): Improper Procedure Discourtesy* DOI: February 7, 2015 Investigated by: Elisabeth Albert Procedural History: On 02/09/2015 Internal Affairs received a Complaint Form from Sergeant Alina Pena (5557) against Officer Hall alleging Improper Procedure. Sergeant Teresa Borkowski (0499) was assigned to investigate the complaint. On 06/04/2015 the allegation of Improper Procedure was closed as Withdrawn. Note: There were no sworn/recorded officer statements taken. The file was received by the CIP on December 21, Complaint: Mr. Martinez advised the CIP in writing that he stopped at the Shell Gas Station, 2775 SW 28 Terrace to use the bathroom. As he was rushing to the bathroom, Mr. Martinez admitted he inadvertently brushed passed Officer Hall's shirt sleeve. Officer Hall stated, "Hey buddy, you could have walked around." Upon exiting the facilities, Mr. Martinez approached Officer Hall, who was now standing with Officer Martha Alas (0069) with the intention of apologizing. As Mr. Martinez approached Officer Hall asked in a disrespectful tone, "What do you want?" Mr. Martinez advised the officers that he was a police officer. Officer Hall responded with, "So what" or "What are you going to do about it" and "You should know better." Mr. Martinez recognized from Officer Hall's verbal and physical body language that the conversation was escalating and requested the officer's name. Officer Hall responded by stepping towards Mr. Martinez in a threatening or/or intimidating way, so Mr. MArtinez elected to return to his vehicle. As Mr. Martinez left the area, he observed Officer Hall write down his tag number. Investigation: Attempts were made unsuccessfully to contact Officer Hall. Telephone contact was made with Mr. Martinez who advised he was contacted by Sergeant Borkowski, whom he knew from his previous employment with Miami Police Department. Mr. Martinez felt Sergeant Borkowski persuaded or "sweet talked" him out of pursuing his complaint by telling him that it was being handled at a supervisory level. However, based on the Officer Hall's pattern of City of Miami Page 3

4 complaints and behavior, and the fact that his complaint was not documented in its full detail, Mr. Martinez requested his complaint be investigated. Contact was made with Officer Alas who advised she vaguely recalled the call she and Officer Hall were on, but she does not remember Officer Hall having contact with anyone else. In order to see if Officer Hall made an unauthorized inquiry of the tag number on Mr. Martinez's vehicle, an inquiry was made for his Driver and Vehicle Information Database (D.A.V.I.D.) records on the date of incident. D.A.V.I.D. is a multifaceted database that affords immediate retrieval of driver and motor vehicle information to law enforcement and criminal justice officials. From the records received from MPD it does not appear that Officer Hall attempted to retrieve any information related to the complainant or his tag through the police database. Records show that Mr. Martinez has been a certified Law Enforcement Officer in the State of Florida from 02/18/1976, having worked for the City of Miami as a police officer from 10/15/1975 until his resignation on 09/01/1990, and is currently employed as a police officer with Florida City Police Department. Administrative Policy and Departmental Orders Considered: DO 1, Chapter 11, Rules and Regulations: To Give Badge Number and Name on Request: Members and civilian employees shall give their names and ranks or positions in a respectful manner to any person who may request them and shall be prompt in identifying themselves when the occasion arises , Tact and Consideration: Members and civilian employees should remember that tact and consideration will be of great value in any work that is to be done, and they should cultivate the ability to meet and deal with people easily. DO 13, Chapter 3, Computer Use Policy: 3.1 Policy: The Miami Police Department relies on its computer networks to conduct its business. To ensure that the Department's computer resources are used properly by its' employees, independent contractors, agents, and other computer users, the Miami Police Department has created this Computer Use Policy (the "Policy"). The rules and obligations described in this policy apply to all users (the "Users") of the Miami Police Department's computer network, wherever they may be located. V8olations will be taken very seriously and may result in disciplinary action, including reprimand, possible termination, civil and/or criminal liability. The Computer Resources are the property of the Miami Police Department and may be used only for legitimate business purposes. Users are permitted access to the computer resources to assist them in the performance of their jobs. Use of the computer resource is a privilege that may be revoked at any time. City of Miami Page 4

5 Employees shall make electronic communication truthful and accurate, using the same care in drafting and other electronic documents as for any other written communication. Keep in mind that anything created or stored on the computer resources may, and likely would, be reviewed by others. In using or accessing our computer resources, users must comply with the provisions outlined in this chapter, as well as, any updates that may follow Compliance with Applicable Laws and Licenses: In their use of computer resources, users must comply with all software licenses, copyrights, and all other state, federal, and international laws governing intellectual property and online activities. APM 1-98, Computer Use: Prohibited Practices: All city employees shall abide by the standards for appropriate use established in this policy and confine their activities to the conduct of official City business. Prohibited practices include, but are not limited to: 1. Use of the technology and network resources in violation of Federal, State or local laws, regulations, administrative orders, or departmental rules. 5. Violations of personnel or departmental rules. 15. Any other use not in the course of conducting official City business. Enforcement: Violations of the Administrative Policy subject the employee to disciplinary action up to, and including, termination. Recommendations: CIP Staff recommends that an allegation of Improper Procedure be Sustained based on Officer Hall's failure to provide his name and badge number in a respectful manner, and that a second allegation of Improper Procedure for misuse of D.A.V.I.D. be closed as Unfounded because the acts complained of did not occur. Staff also recommends that an allegation of Discourtesy be added and Sustained based on the knowledge and credibility of Mr. Martinez. Officer Hall was hired on 03/22/2004 and has had 29 citizen complaints, 2 driving complaints, 1 firearm discharge, and 12 use of force incidents. He was added to the CIP's Monitoring List on 06/18/2015, 11/18/2015, and 02/17/2016. Investigative Notes: 12/21/2015 The Internal Affairs ("IA") investigative report was obtained. 12/23/2015 Executive Director conducted a preliminary review of the case. 12/23/2015 Case assigned to Investigator Albert for investigation. 12/23/2015 A 10-day letter accompanied by the IA Report was forwarded to the Complainant. 12/29/2015 An initial notification letter was mailed to the Principal Officer. City of Miami Page 5

6 01/04/2016 Attempted to contact Mr. Martinez at the telephone number listed in the IA Report and was advised it was the wrong number. 01/04/2016 Telephone contact was made with Mr. Martinez. 01/11/2016 An with an attached letter was received from the Complainant stating the facts as he remembers them. 01/11/2016 A witness notification letter was ed to Officer Alas. 01/11/2016 A request was made for an audit of Officer Hall's D.A.V.I.D. system records from the date of incident. 01/14/2016 Officer Alas contacted the CIP. 01/25/2016 Officer Hall's DAVID records were received and reviewed. 02/08/2016 An was sent to Assistant Director of Human Resources Ricardo Martinez requesting confirmation of the Complainant's employment with MPD. 02/09/2016 Terrella Johnson from Human Resources confirmed that Mr. Martinez was employed as a Miami Police Officer from 10/15/1975 until his resignation on 09/01/ /22/2016 Case submitted for closure with Investigator's recommendation. 03/04/2016 Mr. Martinez was present and testified on the facts of his complaint at the Complaints Committee meeting. The Complaints Committee voted to accept Staff's recommendation. City of Miami Page 6

7 D. NO FINDINGS D. 1 Case: Kent Robbins CIP#: IA#: D Involved Officer(s): Daniel Rodriguez #5964 Allegation(s): Driving Complaint DOI: July 16, 2015 Investigated by: Michael Lucas Procedural History: This complaint was filed with Internal Affairs on July 22, The complaint was assigned to Sergeant Victor Palacios of the Brickell/Roads N.E.T. The investigation was completed on October 7, The Driving Complaint was closed as Cleared. CIP received this complaint on December 21, Complaint: Mr. Robbins alleged that while walking across an intersection, a marked police vehicle being driven by Officer Rodriguez was traveling westbound ran the red light almost striking him. Investigation: 10-day letter was sent to the complainant. Several attempts were made to contact the complainant via telephone. Messages were left with the complainant's secretary. However the complainant never returned any of the telephone calls. Department Orders Considered: Departmental Order 1, Chapter 11, Vehicles Operation Of: Members and civilian employees, when driving vehicles of any description (private or of the Police Department), shall not violate the traffic laws; nor shall they permit persons with whom they are riding to violate traffic laws, except and only in cases of absolute emergency, and then only in conformity with the law and procedures regulating the same. They shall set an example for other persons in the operation of their motor vehicle, private or police. Members and civilian employees of the Department, when operating any vehicles, are required to utilize seat belts pursuant to Florida State Statute. Departmental Order 1, Chapter 11, Vehicles Operator Accountable: Members and civilian employees shall operate police vehicles in a safe manner at all times and will be held accountable for their own carelessness or negligence. If, in the event of an accident, carelessness or negligence on the part of the operating member or civilian employee is determined to be a contributing factor, it shall be made the subject of appropriate disciplinary action. Unless responding to an in progress call for or other authorized emergency, departmental employees shall abide by all City of Miami Page 7

8 vehicular regulations applicable to the general public. Additionally employees shall be responsible for the resolution of the following, either by payment or through the courts: parking tickets, toll violations red light cameras, towing fees, storage fees or any other fees/fines imposed on a City vehicle as a result of the employee's actions. Any employee responsible for any of the above shall immediately notify their commanding officer of the circumstances. Any employee requesting to be excused from the responsibility of payment of any fees/fines imposed as outlined above, must submit a request, in writing, to the Chief of Police through channels. Nothing in this policy is intended to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the roadway. Recommendation: CIP Staff recommends that this driving complaint be closed as No Finding because the Complainant is unavailable to clarify the complainant. Investigative Notes: 12/21/2015 The Internal Affairs ("IA") investigative report was obtained. 12/23/2015 The Executive Director conducted a preliminary review of the case. 12/23/2015 Case assigned to Investigator Lucas for investigation. 12/23/2015 A 10-day letter accompanied by the Internal Affairs Report was forwarded to the Complainant. 12/23/2015 An initial notification letter was sent to the Principal Officer. 01/04/2016 Received Internal Affairs Profile for Officer Daniel Rodriguez. Officer Rodriguez was hired October 28, He has received 5 citizen complaints, 3 driving complaints, and has 5 use of force incidents noted. 01/11/2016 Attempted to contact the complainant at the telephone number listed in the Internal Affairs report. A message was left, with the complainant's secretary requesting the complainant to contact the CIP. 01/19/2016 Attempted to contact the complainant at the telephone number listed in the Internal Affairs report. A message was left, with the complainant's secretary requesting the complainant to contact the CIP. 01/25/2016 Attempted to contact the complainant at the telephone number listed in the Internal Affairs report. A message was left, with the complainant's secretary requesting the complainant to contact the CIP. 01/25/2016 Case submitted for closure with staff recommendation. City of Miami Page 8

9 03/04/2016 The Complaint Committee voted to accept Staff's recommendation. City of Miami Page 9

10 D. 2 Case: Clifford Sands CIP#: IA#: S Involved Officer(s): Jairo Lozano #4174 Allegation(s): Improper Procedure Discourtesy DOI: April 30, 2015 Investigated by: Michael Lucas Procedural History: This complaint was filed with Internal Affairs on June 18, The complaint was assigned to Sergeant Robin Starks of the Coconut Grove N.E.T. The investigation was completed on July 14, The allegations of Improper Procedure and Discourtesy were closed as Unsupported. The CIP received this case on December 21, Complaint: Mr. Sands stated that Officer Paul-Noel stopped him and arrested him for no reason. His car was towed. During the stop, Mr. Sands alleged Officer Guzman told him, "You think you are a bad ass because you have a license. You're lucky I was not there, I would have shot your ass." Investigation: 10-day letter was sent to the complainant. An attempt was made to contact the complainant via telephone. However the number is no longer in service. CIP staff attempted to make contact with the complainant at the address listed in the Internal Affairs report. A business card with a message requesting the complainant contact the CIP was left at the residence. There has been no response from the complainant. Department Orders Considered: Departmental Order 1, Chapter Courtesy: Courtesy toward the public and each other is demanded of all members and civilian employees of the Department. Members and civilian employees (in their conduct and deportment) shall always be quiet, civil, orderly, and courteous. Even in the face of great provocation, they shall be diplomatic in the performance of their duties; and they shall serve the City in the discharge of their duties by controlling their tempers and exercising the utmost patience and discretion. When required, they must act with firmness and with sufficient energy to properly perform their duties. They shall, at all times, refrain from using coarse, violent, profane, or insolent language. An attitude of officiousness gains nothing, except the ill will of those with whom the officer comes in contact with. Departmental Order 1, Chapter Elements of Courtesy: Courtesy consists of a quiet, unassuming behavior based on a sincere consideration of the feelings of others. Members and civilian employees shall listen to and answer carefully and courteously all inquiries and give information in the spirit City of Miami Page 10

11 of cheerful willingness with a sincere desire to be helpful. A lack of interest in what is being said to you is a breach of courtesy. Courtesy to citizens and between members and civilian employees of the Department is indispensable to discipline. Departmental Order 1, Chapter Public Contacts: Members and civilian employees are required to be courteous in their contact with the public. Attitudes of effrontery, egotism, and superiority by officers in such contact will not be tolerated. Departmental Order 1, Chapter Tact and Consideration: Members and civilian employees should remember that tact and consideration will be of great value in any work that is to be done, and they should cultivate the ability to meet and deal with people easily. Departmental Order 1, Chapter Unkind Remarks: Members and civilian employees shall refrain from sharp retorts when carrying on any conversation. They should never make remarks about the infirmities of others or voice prejudices concerning race, ethnicity, religion, sex, or politics. Departmental Order 1, Chapter Refusing to give name, P.I.N. number, or to display identification card in a courteous manner when requested. Recommendation: CIP Staff recommends that the allegations of Improper Procedure and Discourtesy be closed as No Finding because the complainant is unavailable to clarify the complainant. Investigative Notes: 12/23/2015 The Internal Affairs ("IA") investigative report was obtained. 12/23/2015 The Executive Director conducted a preliminary review of the case. 12/23/2015 Case assigned to Investigator Lucas for investigation. 12/23/2015 A 10-day letter accompanied by the Internal Affairs Report was forwarded to the Complainant. 12/23/2015 An initial notification letter was sent to the Principal Officer. 01/04/2016 Received Internal Affairs Profile for Officers Stanley Paul-Noel and Silvio Guzman. Officer Paul-Noel was hired October 24, He has received 15 citizen complaints and has 8 use of force incidents noted. Officer Guzman was hired December 27, He has received 12 citizen complaints and has 11 use of force incidents noted. 01/11/2016 Attempted to contact the complainant at the telephone number City of Miami Page 11

12 listed in the Internal Affairs report. The number is no longer in service. 02/04/2016 CIP staff attempted to contact the complainant at the address listed in the Internal Affairs report. A business card with a message requesting the complainant to contact the CIP was left at the residence. 02/12/2016 CIP staff has not had any contact with the complainant. All attempts to make contact with the complainant have been unsuccessful. 02/12/2015 Case submitted for closure with staff recommendation. 03/04/2016 The Complaint Committee voted to accept Staff's recommendation. City of Miami Page 12

13 D. 3 Case: Christina Garcia CIP#: IA#: S Involved Officer(s): Guillermo Sanchez # 6281 Allegation(s): Improper Procedure DOI: July 31, 2015 Investigated by: Michael Lucas Procedural History: This complaint was filed with Internal Affairs on August 4, The complaint was assigned to Sergeant Nestor Garcia of the Flagami NET. The investigation was closed on December 1, The allegation of Improper Procedure was closed as Unsupported. The CIP received this case on January 22, Complaint: Ms. Garcia alleged that she was arrested by Officer Sanchez for not providing him with identification or a local address. She stated she was handcuffed and placed in the rear passenger seat of his police vehicle. Ms. Garcia attempted to make a phone call on her cellular phone and Officer Sanchez attempted to take the phone away from her. She stated she moved the phone to her left and feels Officer Sanchez purposely grazed her left breast with his elbow in an attempt to retrieve her cellular phone. Investigation: 10-day letter was sent to the complainant. There was no response from the complainant. A check of Accurint showed no local address for the complainant. The staff of Camillus House advised they have never provided any services to the complainant. Department Orders Considered: Departmental Order 11, Chapter 16, Arrest Procedures, Officers must search prisoners prior to placing a prisoner in a police vehicle. It cannot be assumed that a prisoner is free of weapons or contraband, even if previously searched. The responsibility for the search is incumbent on the officer who places the prisoner in the police vehicle. Departmental Order 11, Chapter 16, Arrest Procedures Once a prisoner has been handcuffed, the following search procedures will be adhered to: Prisoners shall be thoroughly searched by an officer of the same sex immediately following the arrest. Recommendation: CIP Staff recommends that the allegation of Improper Procedure be closed as No Finding because the Complainant is unavailable to clarify the complainant. Investigative Notes: City of Miami Page 13

14 01/22/2016 The Internal Affairs ("IA") investigative report was obtained. 01/26/2016 The Executive Director conducted a preliminary review of the case. 01/26/2016 Case assigned to Investigator Lucas for investigation. 01/26/2016 A 10-day letter accompanied by the Internal Affairs Report was forwarded to the Complainant. 01/26/2016 An initial notification letter was sent to the Principal Officer. 02/01/2016 Received Internal Affairs profile for Officer Sanchez. Officer Sanchez was hired August 09, He has received 10 citizen complaints, has 4 use of force incident noted and was relived/reassigned 1 time. 02/10/2016 Attempted to contact the complainant at the telephone number listed in the Internal Affairs report. Received a message that the number is no longer in service. 02/18/2016 An Accurint check showed no local address for the complainant. A check of the Miami-Dade Clerk of Court website showed the complainant to have been arrest twice since this incident but she is not in custody. 02/19/2016 An was sent to Camillus House Direct Care Ministry Director Fred Mims asking for information on the complainant if she was provided service. Mr. Mims advised via that Camillus House had no information on the complainant. 02/22/2016 CIP staff has been unable to locate the complainant. There is no local address for her and all other attempts have been unsuccessful. 02/22/2016 Case submitted for closure with staff recommendation. 03/04/2016 The Complaint Committee voted to accept Staff's recommendation. City of Miami Page 14

15 D. 4 Case: Jonathan Ductant CIP#: IA#: N Involved Officer(s): Lucas Pereira #42045 Allegation(s): Improper Procedure DOI: November 10, 2015 Investigated by: Michael Lucas Procedural History: This complaint was filed with Internal Affairs on November 17, The complaint was assigned to Sergeant Tracey Martin of Internal Affairs. The investigation was closed on November 20, The allegation of Improper Procedure was closed as a Non-Complaint. The CIP received this case on January 22, Complaint: Mr. Ductant stated he was involved in a motor vehicle crash. The driver of the other vehicle, Ms. Cabezas and her passenger, Mr. Foyo-Torralbas, stopped and asked him if he was alright and told him they had insurance. He was on the phone with the 911 operator when he observed Ms. Cabezas and her passenger get back inside their car and drive away. He proceeded to chase the vehicle for a few blocks when he observed Officer Pereira, flagged him down and advised him what had occurred. He stated Officer Pereira stopped the other vehicle and began talking to Ms. Cabezas and Mr. Foyo- Torralbas. Mr. Ductant stated he requested a supervisor when Officer Pereira issued him two summons. He stated the sergeant responded and assured him everything was going to be fine. He stated he began to record the officer's actions with his cellular phone and that he would later provide us with a copy of the video. Mr. Ductant feels Officer Pereira should not have issued him the two summonses, because he was the victim and that Officer Pereira only generated an Exchange of information Report and not a Traffic Crash Report. He further stated Officer Pereira should have arr ested the driver of the other vehicle and issued her a summons. Investigation: 10-day letter was sent to the complainant. An attempt was made to contact the complainant via telephone. Received telephone call from complainant stating he is going back to Internal Affairs and does not the CIP to follow up on this complaint. Department Orders Considered: Departmental Order 12, Chapter 4, Florida Traffic Crash Report: Whenever there is an event on public property that results in unintended injury which is attributed directly or indirectly to the motion of a motor vehicle or its load, a crash report will be made in accordance with Florida State Statute Chapter 316. In cases of hit and run crashes, regardless of the extent of damage or the location of the crash within the City of Miami, a Florida Traffic City of Miami Page 15

16 Crash Report and a Leaving-The-Scene Report will be made. Private property crashes will be investigated and reported in cases of serious injury, hit and run, D.U.I., reckless driving, or no valid driver's license. Departmental Order 12, Chapter 4, Short Forms: These forms will not be used to report traffic crashes, they should only be used as Drivers Exchange Forms. Departmental Order 12, Chapter 4, Long Forms: These forms are the only Florida Traffic Crash Report Forms that are to be utilized when reporting traffic crashes. Departmental Order 12, Chapter 4, If a report is not necessary but there is an obvious violation of the traffic code, a summons for that infraction should be issued. Departmental Order 12, Chapter 4, In all crashes where either a vehicle or the driver left the scene, a hit and run card will be made. This will be done even if the driver or vehicle is apprehended in the field and the hit and run cleared. Do not fill in the information on the Crash Report unless you have the hit and run vehicle and the information on the vehicle can be verified. Recommendation: CIP Staff recommends that the allegation of Improper Procedure be closed as No Finding because the complainant does not want the CIP to follow up on this complaint. Investigative Notes: 01/22/2016 The Internal Affairs ("IA") investigative report was obtained. 01/26/2016 The Executive Director conducted a preliminary review of the case. 01/26/2016 Case assigned to Investigator Lucas for investigation. 01/26/2016 A 10-day letter accompanied by the Internal Affairs Report was forwarded to the Complainant. 01/26/2016 An initial notification letter was sent to the Principal Officer. 01/27/2016 CIP staff spoke to Officer Pereira. Officer Pereira stated that he is willing to provide a statement after the complainant provides a statement. Officer Pereira stated that the complainant was so out of control on the night of the incident that it required additional officer to standby while he completed the crash report. 02/01/2016 Received Internal Affairs profile for Officer Pereira. Officer Pereira was hired March 17, He has received 1 citizen complaints. 02/10/2016 CIP staff made contact with the complainant via telephone. The complainant stated that he was unaware that internal affairs had closed his City of Miami Page 16

17 complaint as a non-complaint. The complainant stated that he was going back to internal affairs to have them reopen his complaint and he does not want the CIP to follow up on his complaint. 02/10/2015 Case submitted for closure with staff recommendation. 03/04/2016 The Complaint Committee voted to accept Staff's recommendation. City of Miami Page 17

18 D. 5 Case: Johnny Outler CIP#: IA#: unknown Involved Officer(s): MDPD officers Allegation(s): Misconduct DOI: August 2011 Investigated by: Elisabeth Albert Procedural History: The CIP received a letter from Mr. Outler alleging police misconduct by an unknown officer on an unknown date. Complaint: Mr. Outler states in an eight page letter how the police abused him when he was already in handcuffs. Investigation: Miami Dade Corrections website shows Mr. Outler is in custody for a warrant case F for the following charges: Aggravated Battery on a Law Enforcement Officer, 4 counts of Aggravated Assault on Police Officer/Firefighter/Intake, Aggravated Fleeing/Eluding resulting in Injury/Death, and Habitual Driving While License Suspended. Miami Dade Clerk of Court records show the involved officers are from Agency 30, Miami Dade Police Department. Telephone contact was made with MDPD Sergeant Houston with the Professional Compliance Bureau who requested the complaint be mailed to the Duty Sergeant at NW 27th Avenue, Miami Gardens, FL Departmental Orders Considered: Undetermined Recommendations: CIP Staff recommends that the allegation of Misconduct be closed as No Finding because our investigation revealed that another agency was responsible, and the complaint has been referred to that agency. Investigative Notes: 01/25/2016 A direct file complaint was received by Mr. Outler. City of Miami Page 18

19 01/25/2016 Miami Dade Corrections website shows Mr. Outler is in custody for a warrant for the following charges: Aggravated Battery on a Law Enforcement Officer, 4 counts of Aggravated Assault on Police Officer/Firefighter/Intake, Aggravated Fleeing/Eluding resulting in Injury/Death, and Habitual Driving While License Suspended. 01/25/2016 Miami Dade Clerk of Court records show the involved officers are from Miami Dade Police Department. 01/25/2016 Telephone contact was made with MDPD Sergeant Houston with the Professional Compliance Bureau who requested the complaint be mailed. 01/25/2016 The Complaint was forwarded to MDPD Professional Compliance Bureau by US Mail. 01/25/2016 A letter was sent to Mr. Outler advising his complaint was forwarded to MDPD for follow-up/investigation. 01/25/2016 Case submitted for closure with Investigator's recommendation. 03/04/2016 The Complaint Committee voted to accept Staff's recommendation. City of Miami Page 19

20 D. 6 Case: Simeon Kopel CIP#: IA#: N Involved Officer(s): Ricardo Valencia, 7334 Allegation(s): Negligence of Duty DOI: April 12, 2015 Investigated by: Elisabeth Albert Procedural History: On 04/20/2015 Mr. Kopel responded to Internal Affairs and filed a formal complaint against Sergeant Valencia. On 07/09/2015 Mr. Kopel's complaint was closed by Sergeant Tracey Martin (4387) as a Non-Complaint. A recorded statement was not taken from Sergeant Valencia. Complaint: According to Internal Affairs, Mr. Kopel alleged he was a victim of a battery as he and a friend were leaving Taverna Opa Restaurant, 901 S. Miami Avenue. Mr. Kopel advised he was hit in the back of the head, struck in the chest and upper-right shoulder, and kicked by unknown person(s). Mr. Kopel contacted Sergeant Valencia, told him what had occurred and advised him he wanted to file charges against the person who hit him. Mr. Kopel alleged that Sergeant Valencia replied, "If you file charges, you will be arrested because the video shows you as the aggressor." Investigation: Attempts were made unsuccessfully to contact Sergeant Valencia. Contact was made with Mr. Kopel who advised he is in the process of consulting with an attorney about this incident and he would contact the CIP if he wished for our agency to conduct an investigation. Departmental Orders Considered: DO 11, Chapter 8, Reporting Procedures: 8.1 Policy: It is the policy of the Miami Police Department that when a Police unit is dispatched on a call for police service, a field report shall normally be completed. Exceptions to the general policy of making a field reports are traffic complaints, administrative calls and "Information Only" calls. 8.3 Responsibilities: It is the responsibility of all officers who respond to police related incidents to obtain all appropriate information and complete the appropriate reports. It is also the responsibility of the officer to ensure accuracy and completeness of every report written. The officer will also ensure that these reports are turned into his/her Sergeant for review at the end of City of Miami Page 20

21 his/her tour of duty. 8.4 Procedures: Exceptions to the general policy of making field reports are traffic complaints, and administrative calls. Recommendations: CIP Staff recommends that the allegation of Negligence of Duty be closed as No Finding because the Complainant is unavailable to clarify the complaint. Sergeant Valencia was hired on 12/09/1997 and has had 2 citizen complaints and 16 use of force incidents. Investigative Notes: 12/21/2015 The Internal Affairs ("IA") investigative report was obtained. 12/23/2015 Executive Director conducted a preliminary review of the case. 12/23/2015 Case assigned to Investigator Albert for investigation. 12/23/2015 A 10-day letter accompanied by the IA Report was forwarded to the Complainant. 2/23/2015 Fire Rescue Report and Police Report requested. The Fire Rescue report was received and reviewed. The report does not document the people treated by name, but states that security and a customer had injuries to the back of the head. Both refused treatment. 12/24/2015 MPD Records advised there was no report generated for MPD case /29/2015 An initial notification letter was mailed to the Principal Officer. 01/06/2015 Mr. Kopel contacted the CIP and requested a copy of the file. 01/07/2015 Mr. Kopel picked up a copy of the file. He advised he was meeting with an attorney and would be in touch with the CIP if they wished for our agency to investigate the complaint. Mr. Kopel was advised of the time limitations. 02/09/2016 Case submitted for closure with Investigator's recommendation. 03/04/2016 The Complaint Committee voted to accept Staff's recommendation. City of Miami Page 21

22 D. 7 Case: Juan Rivadeneira CIP#: IA#: T Involved Officer(s): Jesus Fung, Allegation(s): Harassment DOI: November 10, 2015 Investigated by: Elisabeth Albert Procedural History: On 11/16/2015 Internal Affairs received a Complaint Form from Sergeant Garrett Wing (7740) against Officer Fung alleging Improper Procedure. Detective Liliane Linares (0939) was assigned to investigate the complaint. On 11/18/2015 the allegation of Harassment was closed as Information Only and no statements were taken. Complaint: Mr. Rivadeneira stated that he believes Office Fung is harassing him because he is in the process of a civil litigation in regards to his dispute with his neighbor. Investigation: Officer Fung contacted the CIP and advised he is willing to provide a statement after the CIP contacts and takes a statement from the Complainant. Telephone contact was made with Mr. Rivadeneira who advised his first name is Juan and not Jose as documented in the IA Complaint Form. Mr. Rivadeneira advised he was working and he would contact the CIP at a later time. Departmental Orders Considered: Undetermined. Recommendations: CIP Staff recommends that the allegation of Harassment be closed as No Finding because the Complainant is unavailable to clarify the complaint. Officer Fung was hired on 03/03/2008 and has had 1 citizen complaint and 2 use of force incidents. Investigative Notes: 01/22/2016 The Internal Affairs ("IA") investigative report was obtained. City of Miami Page 22

23 01/26/2016 Executive Director conducted a preliminary review of the case. 01/26/2016 Case assigned to Investigator Albert for investigation. 01/26/2016 A 10-day letter accompanied by the IA Report was forwarded to the Complainant. 01/26/2016 An initial notification letter was mailed to the Principal Officer. 01/26/2016 Documents requested from MPD Records (Duncan). 01/27/2016 Officer Fung contacted the CIP. 01/29/2016 Requested documents were received. 02/08/2016 Telephone contact was made with Mr. Rivadeneira. 02/17/2016 Case submitted for closure with Investigator's recommendation. 03/04/2016 The Complaint Committee voted to accept Staff's recommendation. City of Miami Page 23

24 D. 8 Case: Steven Clark CIP#: IA#: Involved Officer(s): Stanley Paul-Noel, Allegation(s): Abusive Treatment DOI: July 30, 2015 Investigated by: Elisabeth Albert Procedural History: On 08/04/2015 Internal Affairs received a Complaint Form from Sergeant John Blackerby (0408) against Officer Paul-Noel alleging Abusive Treatment. Sergeant Moises Velazquez (7288) was assigned to investigate the complaint. On 10/27/2015 the allegation of Abusive Treatment was closed as Unsupported until such time that Mr. Clark provides a sworn/recorded statement and is willing to cooperate with their investigation. Complaint: Mr. Clark said after he was ordered to place his hands on the wall an officer kicked his right leg apart, and as a result his ankle was swollen. Mr. Clark was arrested by Officers John Quinn (40466) and Paul-Noel and charged with Cocaine/Possession (withhold adjudication - probation special condition), and Possession of Drug Paraphernalia (withhold adjudication - probation special condition). Investigation: Attempts were made unsuccessfully to contact Mr. Clark and Officer Paul-Noel. The Incident and Fire Rescue reports associated with Mr. Clark's arrest were obtained and reviewed. Departmental Orders Considered: Undetermined. Recommendations: CIP Staff recommends that the allegation of Abusive Treatment be closed as No Finding because the Complainant is unavailable to clarify the complaint. Officer Paul-Noel was hired on 10/24/2011 and has had 15 citizen complaints and 8 use of force incidents. He was added to the CIP's Monitoring List on 04/22/2015, 06/18/2015, 10/21/2015, and 12/16/2015. Investigative Notes: City of Miami Page 24

25 12/29/2015 The Internal Affairs ("IA") investigative report was obtained. 12/29/2015 Executive Director conducted a preliminary review of the case. 12/29/2015 Case assigned to Investigator Albert for investigation. 12/29/2015 A 10-day letter accompanied by the IA Report was forwarded to the Complainant. 12/29/2015 An initial notification letter was mailed to the Principal Officer. 12/29/2015 A request was made for a copy of the Complainant's Fire Rescue report and any/all documents related to MPD case /29/2015 Fire Rescue report was received and shows that they responded for chest pain but treated and transported Mr. Clark for ankle pain. 01/13/2016 There is no telephone number on file for Mr. Clark so an online search was conducted. No additional contact information was located for Mr. Clark. 01/19/2016 The 10-day letter and copy of IA Report that was mailed to the Complainant was Returned to Sender. 01/25/2016 Requested documents were received and reviewed. 02/02/2016 Responded to the Complainant's last known address and a business card was left in the door requesting Mr. Clark contact the CIP by telephone. 02/09/2016 Case submitted for closure with Investigator's recommendation. 03/04/2016 The Complaint Committee voted to accept Staff's recommendation. City of Miami Page 25