City of Miami. City Hall 3500 Pan American Drive Miami, FL Meeting Minutes. Tuesday, March 19, :30 PM

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1 City of Miami City Hall 3500 Pan American Drive Miami, FL Meeting Minutes Tuesday, March 19, :30 PM CITY HALL COMMISSION CHAMBERS Civilian Investigative Panel Thomas Cobitz, Chairperson Bess McElroy, Vice-Chair Michelle Delancy, Secretary Horacio Stuart Aguirre, Treasurer Ducosse Delva, Daniel Suarez, Rolando Aedo Wlliam Alvarez Barbara Gimenez, Grace Casas, Mairlyn Lightbourn

2 PLEDGE OF ALLEGIANCE ROLL CALL The Meeting was called to order by Chairman Thomas Cobitz. Led by Chairman Cobitz. Present: Member Aedo, Member McElroy, Chair Cobitz, Member Delancy, Member Delva, Member Gimenez, Member Casas and Member Lightbourn Absent: Member Aguirre, Member Suarez and Member Alvarez Vacant: Member **Vacancy, Member **Vacancy 2 and Member **Vacancy 3 Conducted by Carol Abia. WELCOME NEW MEMBERS: Grace Casas & Mairlyn Lightbourn DISCUSSED Chairman Cobitz welcomed new members, Grace Casas and Mairlyn Lightbourn to the Panel. Ms. Lightbourn provided a brief summary of her background in law enforcement and education. Ms. Casas spoke of her experience as an attorney and spoke fondly of Miami as her hometown. Both members expressed their keen interest and desire to give back to the community through service on the Panel APPROVING THE MINUTES OF THE FEB. 19, 2013 MEETING DEFERRED APPROVING THE AGENDA OF THE MAR. 19, 2013 MEETING A. REPORTS Motion by Member Delancy, seconded by Member McElroy, to APPROVE PASSED by the following vote. Votes: Aye: Delva, Delancy, Chair Cobitz, Member McElroy, Gimenez, Aedo, Casas and Lightbourn A.1 DISCUSSION ITEM B. CASE MANAGEMENT Resolution to Approve CIP FY 2014 Budget Proposal DEFERRED It is important for those in attendance and our viewing audience to know that this month as with each 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 obliged 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 City of Miami Page 2

3 B.1 DISCUSSION ITEM 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 allegation. 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 Summary Disposition, prior to completing the review process, when it is determined that further action is not warranted. Case: Maxine Daniels CIP#: IA#: Involved Officer(s) and Allegation(s): Ernesto Sierra, 6500: Bias Based Profiling (Motion to Close as Not Sustained, Passed) and Improper Procedure (Motion to Close as Sustained, Passed) Ariel Rojas, 6089: Improper Procedure Reinaldo Goyos, 27232: Biased Based Profiling Michael Cadavid, 27584: Bias Based Profiling DOI: April 11, 2012 Investigated by: Elisabeth Albert Maxine Daniels alleged that she was "racially profiled" by officers because she is an African American woman and was driving a Jaguar in Overtown. Ms. Daniels advised that she left her place of employment at Phyllis Wheatley Elementary School, 1801 NW 1st Place to go to the Burger King located at 1700 Biscayne Boulevard to pick up lunch. Ms. Daniels left the school driving her 4-door silver Jaguar on NW 1st Avenue, and turned east on NW 20th Street, and then south on North Miami Avenue. It was in the area of NE 16 Street that she observed the dark colored Impala, occupied by Officers Cadavid and Goyos behind her. The vehicle was not marked, the occupants were not in uniform, and she did not observe any emergency red or blue flashing lights. As Ms. Daniels traveled east on NE 16th Street she feared that she was going to be robbed. Ms. Daniels stated as this was occurring, a dark colored Charger pulled in front of her forcing her to come to a stop, and a male (later identified as Sergeant Sierra) jumped out of the car with his gun pointed at her face. Sergeant Sierra was screaming, "Get out of your car, get out of your car." Ms. Daniels advised that none of the officers requested any documentation from her and did not tell her why she was stopped before allowing her to drive away minutes later. The Gang Unit was conducting a surveillance based takedown operation in the Overtown area and forcibly stopped Ms. Daniels. The officers advised Internal Affairs that the takedown of Ms. Daniels was based on their observation that she was driving slowly as she left the Overtown City of Miami Page 3

4 area and may have been involved in illegal activity. While investigating Ms. Daniels complaint, several other issues were identified by Internal Affairs. Detective Goyos, who had been issued a directive to function in an administrative capacity only and not to perform in a tactical mode, was listed on the operational plan with a tactical assignment and was a passenger in the vehicle with a fellow tactical unit member who performed the takedown on Ms. Daniel's vehicle. Internal Affairs SUBSTANTIATED the allegation of IMPROPER PROCEDURE against Detective Goyos. Additionally, Internal Affairs SUBSTANTIATED an allegation of IMPROPER PROCEDURE against Sergeant Sierra as it was determined that he was cognizant of the directive that Officer Goyos was in an administrative capacity only, and failed to comply with it. Additionally, Sergeant Sierra failed to complete a Supervisor's Accident/Injury Report regarding an injury that Detective Cadavid received in an auto accident stemming from the Gang Unit Detail. Sergeant Sierra was found to be in violation of the following sections of Departmental Orders: Departmental Order 1, Chapter 11and Departmental Order 6, Chapter 3 : : Members and Civilian Employees to know Rules and Regulations , Disobedience , Responsible for Enforcement of Rules and Regulations , Reporting Misconduct , Responsibility of Members and Civilian Employees , Members and Civilian Employees to Conform , Lawful Order , Obedience To , Carrying Out Orders 3.4.7, Reporting Line of Duty Injuries Internal Affairs CLEARED Lieutenant Rojas of IMPROPER PROCEDURE because he was off duty at the time of the Gang Unit detail. Recommendation: Ms. Daniels was stopped during a Gang Detail because her vehicle, a Jaguar, was observed driving slowly as it came out of the Overtown area. Departmental Order 6, Chapter 19, defines Bias Based Profiling as, "The selection of an individual(s) based solely on a common trait to a particular group for enforcement action." The CIP staff recommends that the allegation of BIAS BASED PROFILING against Sergeant Sierra and Officer Cadavid be closed as NOT SUSTAINED because the investigation failed to disclose sufficient facts to prove or disprove the allegation. The allegation of Bias Based Profiling and Improper Procedure against Officer Goyos should be closed as No Finding (terminated on 1/31/2013). The CIP staff recommends the allegation of IMPROPER PROCEDURE against Sergeant Sierra be SUSTAINED based on his knowledge of the directive that Detective Goyos was to function in an administrative capacity only, and his failure City of Miami Page 4

5 to adhere to the order (see violations listed above). The CIP staff recommends that Lieutenant Rojas be EXONERATED of the allegation of IMPROPER PROCEDURE. Procedural History: 1/9/2013 The Internal Affairs ("IA") investigative report was received. 1/17/2013 Independent Counsel conducted a preliminary review of the case. 1/17/2013 Case assigned to Investigator Albert for investigation and follow-up, and a 10-day letter accompanied by the IA investigative report was forwarded to the complainant. 2/14/2013 The police radio transmissions were reviewed in reference to this incident. A recording from the Gang Unit radio frequency captures the transmissions of unknown male officers (no unit numbers are used) talking about stopping Ms. Daniels silver Jaguar. An officer came on the radio and advised that they were trying to get behind a Jaguar that was leaving the area (no further reference was given). The initial description given by officers was a silver 2-door Jaguar with tinted windows (later advised there was no tints), and the officers refer to the driver as a male. It appears that the officers believed that the vehicle was going to flee and the Sergeant is advised via police radio to pull in front of the car. Ms. Daniels advised Internal Affairs that officers told her she was stopped because she was observed coming out of Overtown, and because of an earlier incident in the area involving a female who struck an officer. Sergeant Sierra advised that Ms. Daniels vehicle was possibly stopped because of observations made by Officer Cadavid, and that officers initiated a two car containment stop because they believed the driver was going to flee. Sergeant Sierra stated that he exited his vehicle with his gun in the low ready position. Officer Cadavid advised Internal Affairs that he does not remember why Ms. Daniels was stopped but he believed the stop was a take down and not a traffic stop. Officer Goyos advised that he believed that the driver of the Jaguar may have purchased narcotics because she was observed coming out of a narcotics area in Overtown and was driving slowly. A review of the Internal Affairs file showed that Ms. Daniel's complaint lead to the investigation of additional allegations against Officer Goyos, Sergeant Sierra, and Lieutenant Ariel Rojas. A previous directive had been given to Lieutenant Rojas, Sergeant Sierra, and Officer Goyos, that Detective Goyos was to perform administratively only and not perform or be involved in any tactical functions. Officer Goyos was a passenger in Officer Cadavid's unmarked vehicle during the Gang Unit Detail. Sergeant Sierra acknowledged to Internal Affairs that he knew Officer Goyos was riding with a tactical unit member during two stops, but failed to address the violation properly. Lieutenant Rojas was off duty when the overtime Gang Unit Detail took place, and had no knowledge that Officer Goyos was violating the earlier directive. City of Miami Page 5

6 2/14/2013 Case submitted for closure with Investigator's recommendation. 2/28/2013 Independent Counsel's Concurrence. 3/8/2012 The Complaints Committee met, and Investigator Shewanda Hall presented Ms. Daniel's case. Ms. Hall presented a modified disposition to the Complaints Committee to reflect a finding of SUSTAINED as to the allegation of IMPROPER PROCEDURE regarding Lieutenant Rojas. There is sufficient evidence to indicate that Lt. Rojas was aware of the directive given by Commander Magnusson that Officer Reinaldo Goyos was not to participate in any field or tactical operations. Commander Magnusson testified in a sworn statement that he personally informed Lt. Rojas of the above-mentioned order. Additionally, Lt. Rojas acknowledged that prior to being assigned to the unit; he "heard" that Officer Goyos was assigned to administrative duties only. However, Lt. Rojas approved an operation plan regarding a narcotics surveillance operation that listed Officer Goyos as a participant. Albeit, Lt. Rojas testified that he was not present on the day in question and his signature on the operation plan that approved Officer Goyos as a participant was an oversight; the fact remains that due care and diligence should have been used in reviewing the document. Therefore, Lt. Rojas facilitated the participation of Officer Goyos in this operation and has violated the same sections of Departmental 1, Chapter 11 ascribed to Sergeant Ernesto Sierra with regard to Obedience and Carrying out Orders. The Complaints Committee proffered that had Officer Goyos retained employment with the MPD, the CIP would have rendered a finding of SUSTAINED as to the allegation of IMPROPER PROCEDURE, based on his violation of Departmental Order 1, Chapter 11, Obeying and Executing Orders of Supervisors. The Complaints Committee voted to accept the remainder of staff's recommendations. 3/19/2013 The full Panel met and after hearing the facts of this case voted to accept the recommendations and close this case. Motion to Close as Sustained for Improper Procedure against Sergeant Ernesto Sierra Motion by Member Delancy, seconded by Member McElroy, that this matter be CLOSED AS SUSTAINED PASSED by the following vote. Votes: Aye: Delva, Delancy, Chair Cobitz, Gimenez, Aedo, Casas and Lightbourn Investigator Elisabeth Albert presented the case to the Panel. Complainant Maxine Daniels, an African American, alleged that she was racially profiled (biased based profiling) by officers while she was driving her Jaguar through Overtown. Officers Cadavid and Goyos in an unmarked car and in plain clothes, forced her to come to a stop. Sergeant Sierra allegedly ordered her from the car at gunpoint. The officers were part of the Gang Unit conducting a tactical operation in the Overtown area and reported they were suspicious that the complainant was involved in illegal activity. During the investigation of the complaint it was discovered that Detective Goyos had been issued a directive to function in an administrative capacity only following his involvement as a principal officer in a police involved shooting. Detective Goyos had been issued a written City of Miami Page 6

7 directive against performing in a tactical mode. Contrary to the order, Detective Goyos on the date in question was listed on the operational plan with a tactical assignment and riding as a passenger in an unmarked tactical vehicle. In addition to the bias based profiling allegation by the complainant. an additional allegation of Improper Procedure was added against Detective Goyos by the MPD. An allegation of Improper Procedure was also lodged against Goyos' supervisor Sergeant Sierra who was aware of the directive limiting Officer Goyos to administrative duties only. A similar allegation was lodged Lieutenant Ariel Rojas who although off-duty on the date in question was aware of the directive that Detective Goyos was to be restricted to administrative duties but nonetheless signed the operational plan that included Detective Goyos in a tactical assignment. Internal Affairs exonerated Lieutenant Rojas for Improper Procedure on the grounds that he was not on duty on the night of the operation. Detective Goyos is no longer employed with the City of Miami Police Department. It was noted for the record that had Detective Goyos retained his employment with the Miami Police Department at the time of the CIP investigation, a CIP finding of Sustained would have been entered against him for Improper Procedure. Chairman Cobitz indicated that this matter represents a deeper problem of lack of adequate supervision. He also raised safety concerns for officers and citizens alike when a marked unit is not requested by undercover officers when they conduct stops/arrests. He reminded the Panel that this recommendation has previously been submitted by the CIP to the MPD. Independent Counsel Charles Mays advised that the issue will be addressed by the Policies and Procedures Committee which is chaired by Panel member Chairman William Alvarez. Discussion ensued on the weight to be given to an officer's history of complaints. Independent Counsel advised that the Internal Affairs Incident Tracking System and the CIP's Monitor List may be used to identify and track miscreants and as a tool to correct their actions but is not and should not be controlling in determining the outcome of an investigation a DISCUSSION ITEM Case: Maxine Daniels CIP#: IA#: Involved Officer(s) and Allegation(s): Michael Cadavid, Allegation(s): Bias Based Profiling: Motion to Close as Not Sustained, Passed DOI: April 11, 2012 Investigated by: Elisabeth Albert Motion to Close as Not Sustained for Bias Based Profiling against Sergeant Sierra and Officer Michael Cadavid. Motion by Member Delancy, seconded by Member McElroy, that this matter be CLOSED AS NOT SUSTAINED PASSED by the following vote. DISCUSSION ITEM City of Miami Page 7

8 b Case: Maxine Daniels CIP#: IA#: Involved Officer(s): Reinaldo Goyos, Allegation(s): Biased Based Profiling: Motion to Close as No Finding, Passed (Note: The Complaints Committee proffered that had Officer Goyos retained employment with the MPD, the CIP would have rendered a finding of SUSTAINED as to the allegation of IMPROPER PROCEDURE, based on his violation of Departmental Order 1, Chapter 11, Obeying and Executing Orders of Supervisors. Improper Procedure: Motion to Close as No Finding, Passed DOI: April 11, 2012 Investigated by: Elisabeth Albert Motion to Close as No Finding for Improper Procedure and Biased Profiling against Detective Goyos. Motion by Member Delancy, seconded by Member McElroy, that this matter be CLOSED AS NO FINDING PASSED by the following vote c DISCUSSION ITEM Case: Maxine Daniels CIP#: IA#: Involved Officer(s): Ariel Rojas, 6089 Allegation(s): Improper Procedure: Motion to Close as Sustained, Passed. DOI: April 11, 2012 Investigated by: Elisabeth Albert Motion to Close as Sustained for Improper Procedure against Lieutenant Ariel Rojas. Motion by Member Delancy, seconded by Member McElroy, that this matter be CLOSED AS SUSTAINED PASSED by the following vote. City of Miami Page 8

9 B.2 DISCUSSION ITEM Case: Jevari Ragin CIP#: IA#: S Involved Officer(s): Miguel Hernandez, 2977 Allegation(s): Discourtesy: Motion to Close as Not Sustained, Passed Harassment: Motion to Close as Not Sustained, Passed DOI: June 8, 2012 Investigated by: Elisabeth Albert Javari Ragin stated that Officer Miguel Hernandez pulled him over without activating his emergency lights and would not tell him why he was writing him citations. Mr. Ragin alleged that Officer Hernandez was Discourteous and continuously harassed him, the patrons, and the employees at the tire shop which was located at NW 17th Avenue and 54 Street. Internal Affairs Cleared Officer Hernandez of Harassment. Recommendation: The CIP staff recommends that Mr. Ragin's allegations of DISCOURETESY and be closed as NOT SUSTAINED. There were no independent witnesses identified nor information that could confirm or deny Mr. Ragin's allegation against Officer Hernandez. Procedural History: 1/22/2013 The Internal Affairs ("IA") investigative report was obtained. 1/28/2013 Independent Counsel conducted a preliminary review of the case and requested that a 10-day letter be forwarded to the complainant. 1/28/2013 Case assigned to Investigator Albert for investigation. 1/28/2013 A 10-day letter accompanied by the IA investigative report was forwarded to the complainant. 1/28/2013 An Initial Notification Letter to Principle Officer was mailed to Principal Officer Hernandez. 2/7/2013 Mr. Ragin met with the CIP and advised that he has had several City of Miami Page 9

10 contacts with Officer Hernandez. His earliest contacts were while he was employed at Liberty Tires, 1701 NW 54 Street. Mr. Ragin advised that Officer Hernandez would stop at Liberty Tire and force people at the business to leave or go to jail. On 6/8/2012, Mr. Ragin advised that he was traveling southbound on NW 7th Avenue, when he observed Officer Hernandez who was traveling in front of him pull into the center turn lanes and stop. Mr. Ragin advised that when he passed Officer Hernandez, the officer got behind him and followed him into a gas station at NW 54 Street and 7th Avenue. Mr. Ragin advised that the officer did not activate his emergency equipment and he did not believe he had done anything wrong. Mr. Ragin entered the gas station to pay for his gas and when he returned to his vehicle, Officer Hernandez requested his driver's license, registration, and proof of insurance. Mr. Ragin advised that he questioned the stop and provided the officer with his driver's license, and two citations he had received on 6/5/2012 for a seatbelt violation and failing to provide proof of insurance. Mr. Ragin alleged that Officer Hernandez stated that he did not need to tell him why he had been stopped, and that he refused to call a supervisor when he requested one. Mr. Ragin advised that he contacted 911 and requested that a supervisor respond. Officer Hernandez wrote Mr. Ragin four citations: failure to provide proof of insurance, no seatbelt, no/improper turn signal, and loud sound making device. Mr. Ragin advised that he was listening to loud music but that his vehicle is equipped with 2-15's in a tunnel which minimizes the vibration outside of the vehicle. He advised that his base speakers are in the trunk and not under the hood as Officer Hernandez indicated. Mr. Ragin advised that Sergeant Colon responded and that he demonstrated to Sgt. Colon that the loud base could not be heard or felt outside of the vehicle. On 6/12/2012 at 6:46 p.m., Mr. Ragin advised that he observed Officer Hernandez writing a citation to a customer of Liberty Tire, and began recording their interaction. The beginning of the video shows Officer Hernandez outside his patrol vehicle speaking to two people with no emergency lights (red and blue) activated. Later in the video Officer Hernandez's emergency lights are observed to be activated. The video was taken from a distance and the conversation is not audible. The latter part of the video shows the driver of the police vehicle holding what appears to be a phone beside the driver's window, possibly recording Mr. Ragin recording him. Mr. Ragin's video pans around and shows that the MPD vehicle number is 29299, and the tag is SX6208. Mr. Ragin does not have an address and was not able to forward the video to the CIP. The video was viewed by CIP Investigator Elisabeth Albert who took a photograph of the officer with a phone up by the driver's side window. Mr. Ragin stated that he contacted 911 on this date and requested a supervisor, but that no one responded. 2/25/2013 A CD was received from Communications which documents Mr. Ragin's calls to 911. Barbara Gonzalez, the Communications Tape Librarian, advised that the search for calls from Mr. Ragin's telephone number shows that two calls were received by 911on June 12, The calls were received at 6:33 p.m., and at 6:48 p.m., and appear to be Mr. Ragin reporting that Officer Hernandez was harassing the patrons of the tire shop by writing tickets, and requesting a supervisor because the officer appeared to be recording his actions via a cellphone. There is no record of calls to 911 from Mr. Ragin on 6/8/2013, the date he received the citations from Officer Hernandez. City of Miami Page 10

11 2/26/2013 Jose Davila, Superintendent of the Fire Garage (formerly Superintendent at GSA/Fleet Management, Heavy Fleet), verified that MPD vehicle 29299, bearing tag SX6208, was assigned to Officer Hernandez on date of incident. 2/26/2013 Case submitted for closure with Investigator's recommendation. 2/28/2013 Independent Counsel's Concurrence. 3/8/2013 The Complaint's Committee voted to accept the recommendation of staff. 3/19/2013 The full Panel met and voted to accept the recommendations and close this case. Motion to Close as Not Sustained for Discourtesy amd Harassment against Officer Miguel Hernandez. Motion by Member Delancy, seconded by Member Aedo, that this matter be CLOSED AS NOT SUSTAINED PASSED by the following vote. B.3 DISCUSSION ITEM The complainant alleged Officer Miguel Hernandez pulled him over on a traffic stop without activating his emergency lights; the officer would not advise the complainant of the reason for the stop and refused to call for a supervisor to the scene when requested. The complainant further alleged he has had previous contacts with Officer Hernandez where the officer regularly harassed and was discourteous to him as well as patrons and employees at a nearby tire shop. The CIP conducted an area canvass for witnesses at the location of the stop and the tire shop without success. The complainant could provide no additional information to further the investigation. Case: Shannon L. Johnson CIP#: IA#: Involved Officer(s) and Allegation(s): Herzen Bain, 2841: Abusive Treatment and Improper Procedure (Motion to Close as No Finding) Gregory Mallet, 40469: Abusive Treatment DOI: February 6, 2012 Investigated by: Elisabeth Albert Mr. Shannon Johnson was stopped for traffic infractions by Officers Herzen Bain and Gregory Mallet. Mr. Johnson alleged that when he stepped out of the vehicle, Officer Bain threw him to the ground and "roughed him up." He further alleged that after being transported to the North District Sub Station (NDSS) Officer Bain City of Miami Page 11

12 removed the magazine from his Glock service weapon and proceeded to count his ammunition in an attempt to intimidate him. Officer Bain also purportedly told Officer Mallet, who was in his final stages of training, what to write on the Arrest Affidavit to "fix" the case against the Complainant. Internal Affairs found the allegation of Abusive Treatment against Officers Bain and Mallet were Inconclusive, and that the two allegations of Improper Procedure against Officer Bain were both Inconclusive. Recommendation: Telephone contact was made with Mr. Johnson, who advised that he had no complaint against Officer Mallet. It is the recommendation of the CIP staff that based on Mr. Johnson's telephone statement that Officer Mallet be EXONERATED of the allegation of Abusive Treatment, and that based on the Complainant's failure to cooperate in the investigation, the allegation of ABUSIVE TREATMENT and IMPROPER PROCEDURE against Officer Bain be closed as NO FINDING. Procedural History: 1/9/2013 The Internal Affairs ("IA") investigative report was obtained which alleged Abusive Treatment and Improper Procedure. 1/17/2013 Independent Councel conducted a preliminary review of the case and requested that a 10-day letter be forwarded to the complainant. 1/17/2013 Case assigned to Investigator Albert for investigation and follow-up. 1/17/2013 A 10-day letter accompanied by the IA investigative report was forwarded to the complainant. 1/18/2013 An online database search showed that the Complainant's criminal case for Fleeing/Eluding Police, False Name After Arrest, and Resisting Officer Without Violence is still open and is scheduled for trial on 3/11/2013. The traffic citations issued to the Complainant were all Dismissed. 1/28/2013 Telephone contact was made with Mr. Johnson who scheduled an appointment to meet at the CIP office on 1/31/2013 at 11:00 a.m. Mr. Johnson advised that he does not have any additional information on "Bobby" but that there are additional witnesses. Mr. Johnson will attempt to provide the witness information to the CIP during his scheduled appointment. Mr. Johnson advised that he has no complaint against Officer Mallet. 1/31/2013 Mr. Johnson failed to show or call to cancel his scheduled appointment. 2/11/2013 Case submitted for closure with Investigator's recommendation. City of Miami Page 12

13 2/19/2013 An Invitation to Testify was mailed to the Principal Officers. 2/28/2013 Independent Counsel's Concurrence. 3/8/2013 The Complaint's Committee voted to accept the recommendation of Staff. 3/19/2013 The full Panel met and voted to accept Staff's recommendation to close the allegations as No Finding. Motion to Close as No Finding for Abusive Treatment and Improper Procedure against Officer Bain. Motion by Member Delancy, seconded by Member Aedo, that this matter be CLOSED AS NO FINDING PASSED by the following vote. Complainant Shannon Johnson, alleged after being pulled over on a traffic stop and exiting his vehicle, Officer Herzen Bain threw him to the ground and "roughed him up."he further alleged that at the North District Sub Station, Officer Bain removed the magazine from his service weapon and proceeded to count the ammunition in an apparent attempt to intimidate him. The complainant initially alleged Officer Bain instructed trainee Officer Gregory Mallet on how to write Arrest Affidavit so as to "fix"the case. The complainant later indicated he had no complaint against Officer Mallet. The complainant failed to cooperate with the CIP's investigation a DISCUSSION ITEM Case: Shannon L. Johnson CIP#: IA#: Involved Officer(s) and Allegation(s): Gregory Mallet, 40469: Abusive Treatment (Motion to Close as Exonerated) DOI: February 6, 2012 Investigated by: Elisabeth Albert Motion to Close as Exonerated for Abusive Treatment and Improper Procedure against Officer Mallet. Motion by Member Delancy, seconded by Member Aedo, that this matter be CLOSED AS EXONERATED PASSED by the following vote. B.4 DISCUSSION ITEM Case: Lakisha Niles CIP#: IA#: S Involved Officer(s): City of Miami Page 13

14 Kevin McNair, 4682 Allegation(s): Improper Procedure: Motion to Close as Exonerated, Passed Discourtesy: Motion to Close as Exonerated, Passed DOI: February 27, 2012 Investigated by: Elisabeth Albert Lakisha Niles stated that on February 27, 2012, she was choked, slammed to the floor, and unable to comply with orders to place her hands behind her back when Officer McNair arrested her. She further stated that Officer McNair made derogatory remarks to her and her partner (Alina Duncan) about their sexual orientation. Officer McNair denied that he made any inappropriate comments or that he was discourteous. A Response to Resistance Report was generated documenting that Officer McNair used mild physical force to handcuff Ms. Niles. Video was taken by Ms. Duncan, and provided to Internal Affairs, which shows a portion of the arrest process. Internal Affairs found the allegation of DISCOUTESY was INCONCLUSIVE because there were no independent witnesses from the Central Headquarters Prisoner Interview area that could prove or disprove the discourteous language alleged by Ms. Niles. Internal Affairs CLEARED Officer McNair of IMPROPER PROCEDURE finding that Officer McNair acted within Departmental Guidelines and State Statute in his takedown and arrest of Ms. Niles. A Response to Resistance Report was completed by Sergeant Jorge Lazcano. Recommendation: After reviewing the video taken by Ms. Duncan and speaking to independent witnesses, the CIP staff recommends that the allegations of IMPROPER PROCEDURE and DISCOURTESY against Officer McNair be closed as EXONERATED. Officer McNair not only acted within departmental guidelines, but he was observed to maintain a calm and professional demeanor throughout the arrest process despite the resistance of Ms. Niles, and the potential threat Ms. Duncan presented. Procedural History: 11/30/2012 The Internal Affairs ("IA") investigative report was obtained. 12/6/2012 Independent Counsel conducted a preliminary review of the case and requested that the video of the arrest be obtained and reviewed. 12/6/2012 Case submitted to Investigator Albert for investigation and follow-up City of Miami Page 14

15 12/7/2012 An online database search shows that Ms. Niles criminal case is still open and scheduled for trial on 12/17/2012. The CIP was not able to locate the arrest/case disposition for Alina Duncan. 12/12/2012 Obtained and reviewed the Internal Affairs file. 1/2/2013 Online search showed that Ms. Niles Pretrial Diversion Program was revoked on 11/16/2012, and there is current Bench Warrant for her arrest. 1/2/2013 The three minute, thirty-two second video taken by Alina Duncan was reviewed by CIP Investigator Albert. The video showed Officer McNair maintaining a calm disposition as he attempted to place Ms. Niles into handcuffs, protect himself against the unknown actions of Ms. Duncan, and call for assistance. Officer McNair can be heard telling Ms. Niles to put her hands behind her back. Ms. Niles appears to be intentionally resisting Officer McNair's efforts and commands and instead intentionally knocks over several items on the counter. It does not appear that Officer McNair acted inappropriately or used excessive force. It does appear that Ms. Niles should have been able to easily comply with the officer's commands to place her hands behind her back. 1/7/2013 Case staffed with Independent Counsel. 1/7/2013 A 10-day letter accompanied by the IA investigative report was forwarded to the complainant. 1/7/2013 An initial Notification Letter was mailed to Officer McNair. 1/28/2013 Ms. Niles and Ms. Duncan are currently residing in Tallahassee, Florida; therefore a telephone interview was conducted. Both Ms. Niles and Ms. Duncan's statements were consistent with the statement they provided to Internal Affairs. The Complainants both advised that there were two male prisoners in the area when Officer McNair made negative comments about their sexual orientation at the Central Headquarters Prisoner Interview Area, and that an employee from the Smoke Shop located next door to Quizno's can be seen on the video taken by Ms. Duncan and may have witnessed some of the incident. Ms. Niles advised that she will forward via copies of the photographs that were taken of her injuries after her release from jail on February 28, Ms. Niles advised that she was unable to place her hands behind her back when Officer McNair directed her to do so because of the positioning and pressure of his fingers in the bicep area of her arms and not because of the type of hold he had her in. She advised that the photos taken depict the bruising that she received as a result of his hold on her bicep area while he directed her to place her hands behind her back. 1/29/2013 Telephone contact was made with Sonya Trody, Manager of Quizno's at Ms. Trody advised that they do not have video surveillance cameras at this store location, and that the only video she is aware of is video taken by the Complainant. Ms. Trody advised that Officer McNair was professional and although his force was escalated it was not excessive and was in City of Miami Page 15

16 response to the amount of resistance used by Ms. Niles. The arrest of Ms. Niles and Ms. Duncan did not cause damage to any property at the store or cause any monetary loss. 2/5/2013 Met with Mr. Laurencio, from Magic City Cigars, 48 hrs Process Services, who advised he was inside of Quizno's and witnessed Ms. Niles arrest. Mr. Laurencio advised that the police officer was not out of line and handled the situation very professionally. Mr. Laurencio also advised that it was Ms. Niles who was out of control, and it was her actions that escalated the situation. There were no other employees at this establishment who advised they witnessed Ms. Niles arrest. 2/6/2013 The video taken by Ms. Duncan was again reviewed by the CIP in order to confirm Ms. Niles allegation that Officer McNair applied pressure points to her upper arms as he held her against the counter which made it impossible for her to comply with his orders to put her hands behind her back. It does not appear that Officer McNair was applying any type of pressure point to Ms. Niles upper arm area. It does appear that Officer McNair's hands were up closer to the top of Ms. Niles neck/shoulder/head area. 2/20/2013 Case submitted for closure with Investigator's recommendation. 2/28/2013 Independent Counsel's Concurrence. 3/8/2013 The Complaint's Committee voted to accept the recommendation of Staff. 3/19/2013 The full Panel met and voted to accept the recommendations of Staff. Motion to close as Exonerated for Improper Procedure and Discourtesy against Officer Kevin McNair. Motion by Member Delancy, seconded by Member Aedo, that this matter be CLOSED AS EXONERATED PASSED by the following vote. B.5 DISCUSSION ITEM Investigator Elisabeth Albert presented the facts of the case. Complainant Lakisha Niles alleged Officer McNair choked and slammed her to the floor which made her unable to comply with his orders to place her hands behind her back. She further alleged Officer McNair made derogatory remarks to her and her partner (Alina Duncan) about their sexual orientation. A Response to Resistance Report generated by Officer McNair indicated he used mild physical force to handcuff Ms. Niles. A video was taken by Ms. Duncan which recorded a portion of the arrest. CIP Investigator Albert indicated that upon her review of the video, it appeared that Officer McNair had a calm demeanor as he handcuffed and spoke with the complainant. Ms. Niles on the other hand appeared to be intentionally resisting the officer. Independent witness testimony was that the officer acted professionally but had to use force when the complainant resisted. City of Miami Page 16

17 Case: Yalda Fondooni CIP#: IA#: Involved Officer(s): Ivan Moreno-#27908 Javier Ortiz-#5418 Allegation(s): Discourtesy Improper Procedure DOI: August 12, 2009 Investigator: Shewanda Y. Hall On August 12, 2009, Yalda Fondooni and Alshermon Thomas were stopped by Officer Ivan Moreno and an unidentified Hispanic male officer at 37th Avenue and Grand Avenue, for an expired tag. Officer Moreno subsequently discovered that Ms. Fondooni's driver's license was also suspended. When Ms. Fondooni questioned Officer Moreno regarding the stop, he allegedly told her to, "Shut the fuck up."." Officer Moreno allegedly denied Ms. Fondooni the opportunity to properly park her car to avoid towing charges. Sergeant Javier Ortiz arrived on the scene and reportedly questioned Ms. Fondooni further and stated that, "You must not be a dumb bitch after all. You sound pretty educated?" When Ms. Fondooni asked Sergeant Ortiz for his badge number, she claims he failed to disclose it. It was also alleged by Ms. Fondooni, that Sergeant Ortiz used racially charged language when he referred to her friend Mr. Thomas, whom he also characterized as a "low life." Officer Moreno testified in his sworn statement that he stopped Ms. Fondooni for driving with an expired tag and during the investigation he discovered that her driver's license was also suspended. At the time of the stop Ms. Fondooni was the sole occupant of the vehicle, according to Officer Moreno. Ms. Fondooni was unable to prove ownership of the vehicle stating that she was in the process of purchasing the car from a friend. Ms. Fondooni's suspended license and inability to prove vehicle ownership resulted in the vehicle being towed. Both Sergeant Ortiz and Officer Moreno denied directing coarse language towards Ms. Fondooni or anyone else on the scene. Internal Affairs Cleared Officer Moreno as to the allegation of Improper Procedure. A finding of Inconclusive was rendered as to the allegation of Discourtesy filed against both Sergeant Ortiz and Officer Moreno based on the absence of independent witnesses. *Sergeant Officer Javier Ortiz is currently on the CIP's Monitoring List. Recommendation: Close as No Finding (Summary Disposition) based on the complainant's unavailability. Multiple attempts were made to contact the complainant which netted negative results. Additionally, an on-line database searches did not reveal any viable information regarding the complainant. City of Miami Page 17

18 The CIP Complaints Committee rendered a disposition of No Finding on March 8, The full Panel rendered a final disposition of No Finding on March 19, Motion to Close as No Finding (Summary Disposition). Motion by Member McElroy, seconded by Member Delancy, that this matter be CLOSED AS NO FINDING PASSED by the following vote. B.6 DISCUSSION ITEM The complainant did not make herself available to further the CIP investigation Case: Jorge Osorio CIP#: IA#: Involved Officer(s): Jose Pena-#27886 Daniel Valladares-#27892 Allegation(s): Abusive Treatment Improper Procedure DOI: June 14, 2009 Investigator: Shewanda Y. Hall Jorge Osorio stated that on June 14, 2009, he was leaving Club Le Boulevard, located at 3642 NW. 25 Avenue, when he was falsely arrested by Officer Valladares. Mr. Osorio further alleged that he was transported along with a juvenile by the name of Lazaro Galan Jr., in Officer Valladares' police car to NW 12th Avenue and 33rd Street. During the stop, Mr. Osorio stated that when he requested leniency regarding his arrest, Officer Valladares exited the vehicle, opened the back door, and punched him in the mouth. Officer Valladares then reportedly threw Mr. Osorio to the ground before he dragged and kicked him in the chest. During the assault Officer Valladares allegedly asked, "Why are you doing this, stop resisting arrest?" The responding officers requested fire rescue for Mr. Osorio's facial injuries; however, Mr. Osorio stated he refused medical treatment. Officers Valladares, Saenz, and Pena allegedly gathered around Mr. Osorio while he was on the ground and told him to stop resisting arrest and hitting himself. Officers Jose Pena and Daniel Valladares stated that they responded to Le Boulevard Café regarding a brawl and Mr. Osorio was arrested for Trespassing after Warning, Disorderly Intoxication and Resisting Arrest without Violence. Officer Valladares alleged that Mr. Osorio was intoxicated and pulled away from him several times during detainment and each time fell to the ground. In his sworn statement, Officer Valladares City of Miami Page 18

19 acknowledged detaining both Mr. Galan (juvenile) and Mr. Osorio in his vehicle but subsequently contacted Officer Saenz just blocks from the incident location to transport the minor separately for safety reasons. Internal Affairs rendered a finding of Inconclusive based on the absence of independent witnesses. Recommendation: A disposition No Finding (Summary Disposition) is recommended based on the unavailability of the complainant. Although medical records and the booking photograph reveal facial injuries regarding Mr. Osorio, he was involved in a melee with several individuals including the minor, Lazaro Galan, Jr., prior to his arrest and the cause of his injuries cannot be determined. Observation(s): Mr. Osorio's allegation that he was transported with a minor by Officer Valladares was not identified as Improper Procedure or disposed of by Internal Affairs. Although Officer Valladares acknowledged that he detained and transported by Mr. Osorio and minor, Lazaro Galan Jr., such acts were determined to be proper based on Departmental Order 1, Chapter Transportation: which states, "A juvenile should not be transported in a vehicle which is occupied at the same time by an adult prisoner or prisoners, except in emergencies or when arrested in the company of an older person for complicity in the same offense or act. In that case, a police officer should accompany them within the vehicle." The CIP Complaints Committee rendered a disposition of No Finding on March 8, The full Panel rendered a final disposition of No Finding on March 19, Motion to Close as No Finding (Summary Disposition). Motion by Member McElroy, seconded by Member Delancy, that this matter be CLOSED AS NO FINDING PASSED by the following vote. The complainant was not available for the CIP to pursue the investigation. B.7 DISCUSSION ITEM Case: Jose A. Jimenez CIP#: IA#: Involved Officer(s): Carlos Mendez-#4717 Gilberto Gomez-#2369 Allegation(s): City of Miami Page 19

20 Abusive Treatment DOI: June 26, 2008 Investigator: Shewanda Y. Hall Jose Jimenez alleged that on June 26, 2008, during an arrest for burglary, he was beaten and permanently injured by Sergeant Gilberto Gomez, Officer Carlos Mendez, and at least five other unidentified officers. It was further alleged by Mr. Jimenez, that the injuries resulted in a two (2) week hospitalization in the Intensive Care Unit at Jackson Memorial Hospital. The injuries were so severe that Mr. Jimenez was reportedly declared legally blind by Hopkins and Palmer Institute of Miami. Mr. Jimenez stated that he holds the City of Miami responsible for the hiring and training of these officers. The Response to Resistance report generated by Sergeant Gomez and Officer Mendez noted that they responded to 196 NW 24th St., reference a burglary in progress. Mr. Jimenez was observed by both officers fleeing the residence and scaling a 15 foot wall. Mr. Jimenez fell face first from the 15 foot wall onto the ground. Once Officer Mendez made contact with Mr. Jimenez, a physical struggle ensued and Mr. Jimenez allegedly reached for the gun belt of Officer Mendez. During the scuffle, Officer Mendez attempted to gain control of Mr. Jimenez by placing his foot on the defendant's back, but inadvertently struck him in the face due to his continued resistance. Internal Affairs Cleared both officers of the allegation of Abusive based on their compliance with departmental policy. The CIP's review of the case revealed that the booking photograph of Mr. Jimenez was taken on June 28, 2009, two (2) days after his arrest which conflicts with his testimony that he was hospitalized for two (2) weeks following this incident. Although injuries were depicted in the booking photograph, no additional witnesses were provided to support the allegation. Additionally, an on-line database searched revealed that Mr. Jimenez was convicted of Burglary of an Unoccupied Structure, Grand Theft (3rd degree) and Resisting without Violence. *Note: Mr. Jimenez forwarded a letter to Sergeant Gomez during the Internal Affairs investigation stating, "Due to a family emergency, I will be willing to discuss with you the possibility of an agreement to settle and close the above court case (# Civ-KIWG). I will be willing to agree to dismiss and close the court case entirely or as individual(s). At this venue I am only requesting reasonable monetary compensation. I am no longer interested in being released from incarceration." Recommendation: Close as No Finding (Summary Disposition) based on the unavailability of the complainant. The CIP Complaints Committee rendered a disposition of No Finding on March 8, The full Panel rendered a final disposition of No Finding on March 19, Motion to Close as No Finding (Summary Disposition). Motion by Member McElroy, seconded by Member Delancy, that this matter be CLOSED AS NO FINDING PASSED by the following vote. City of Miami Page 20

21 The CIP was unable to contact the complainant. B.8 DISCUSSION ITEM Case: Curtis Miller CIP#: IA#: Involved Officer(s): Ryan Smith-#6592 Allegation(s): Discourtesy DOI: November 8, 2009 Investigator: Shewanda Y. Hall On November 8, 2009, Officer Ryan Smith responded to 3181 Plaza Street, reference a 911 hang up call. The complainant, Curtis Miller alleged that when Officer Smith arrived, his mother Deborah Miller, informed him that the two of them had an argument but the issue had been resolved. Officer Smith reportedly insisted that Mr. Miller leave the residence and stated, "Leave and don't ever come back. This is Miami boy, we don't play. "I am sick and tired of coming here. I am tired of this pussy shit, you pussy boy." Mr. Miller was subsequently arrested for Resisting Arrest without Violence (convicted). While in the backseat of the police cruiser, Mr. Miller claimed that Officer Smith also stated, "I'm hot headed and I have the power to be hot headed. See, l'm around a Marine and Army guy and you aren't shit." In his sworn statement Officer Smith denied making the comments attributed to him by Mr. Miller or being discourteous. Internal Affairs rendered a finding of Inconclusive based on the absence of independent witnesses Recommendation: Close as No Finding (Summary Disposition) based on the complainant's unavailability. Multiple attempts were made to contact the complainant which netted negative results. Additionally, on-line database searches did not reveal any viable information regarding the complainant. The CIP Complaints Committee rendered a disposition of No Finding on March 8, The full Panel rendered a final disposition of No Finding on March 19, Motion to Close as No Finding (Summary Disposition). Motion by Member McElroy, seconded by Member Delancy, that this matter be CLOSED AS NO FINDING PASSED by the following vote. City of Miami Page 21

22 The CIP was unable to contact the complainant. B.9 DISCUSSION ITEM Case: Aneudy De Leon CIP#: IA#: S Involved Officer(s): Thomas Reyes-#27893 Allegation(s): Missing Property DOI: January 1, 2010 Investigator: Shewanda Y. Hall Officer Thomas Reyes arrested Aneudy De Leon on January 1, 2010, for Trespassing After Warning and Resisting Arrest without Violence (dismissed). Mr. De Leon alleged that Officer Reyes took his cell phone during the arrest and failed to return it. The CIP's review of the case revealed a property receipt for items confiscated from Mr. Deleon at the time of his arrest; however, there was no listing of a cell phone. Officer Reyes testified in his sworn statement that there was a large crowd at Bayside for the New Year's celebration and he does not recall anyone complaining of a missing cell phone. Internal Affairs classified the case as "Information Only" based on the complainant's failure to provide additional information to further the investigation. Recommendation: Close as No Finding (Summary Disposition) based on the complainant's unavailability. Multiple attempts were made to contact the complainant which netted negative results. Additionally, on-line database searches did not reveal any viable information regarding the complainant. The CIP Complaints Committee rendered a disposition of No Finding on March 8, The full Panel rendered a final disposition of No Finding on March 19, Motion to Close as No Finding (Summary Disposition). Motion by Member McElroy, seconded by Member Delancy, that this matter be CLOSED AS NO FINDING PASSED by the following vote. The CIP was unable to contact the complainant. City of Miami Page 22