City of Miamiegov.ci.miami.fl.us/meetings/2015/5/2888_A...Meeting Agenda Tuesday, May 19, 2015 5:30...

Meeting Agenda

Tuesday, May 19, 2015

5:30 PM

City of Miami

City Hall

3500 Pan American Drive

Miami, FL 33133

www.miamigov.com

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

Meeting Agenda May 19, 2015Civilian Investigative Panel

PLEDGE OF ALLEGIANCE

ROLL CALL

APPROVING THE AGENDA FOR MAY 19, 2015

APPROVING THE MINUTES FOR FEBRUARY 17, 2015

APPROVING THE MINUTES FOR MARCH 17, 2015

APPROVING THE MINUTES FOR APRIL 21, 2015

INTRODUCTION OF MAJOR ROMAN MARTINEZ, COMMANDING OFFICER OF INTERNAL

AFFAIRS

A. REPORTS

A. 1 Chairperson Report

A. 2 Independent Counsel Selection Committee Report

A. 3 Ordinance Review Committee Report

A. 4 Executive Director Report

CASE MANAGEMENT

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.

C. CASE REVIEWS

D. NO FINDINGS

City of Miami Printed on 5/13/2015


E. PUBLIC FORUM

F. ANNOUNCEMENTS

Complaints Committee Meeting

June 5, 2015 at 2:00 p.m.

at the CIP Office

970 S.W. 1st. Street; Suite 305

Miami Fl 33130

Panel Meeting

June 16, 2015 at 5:30 p.m.

at City Hall Commission's Chambers

3500 Pan American Drive

Miami, FL 33133

G. ADJOURNMENT



C. CASE REVIEWS

C. 01 DISCUSSION ITEM

Case: Julia Muldowney CIP#: 15-014 IA#: 14-212N

Involved Officer(s):

Carla Gonzalez, 41229

Rosny Obas, 41271

Allegation(s):

Improper Procedure

DOI: November 7, 2014

Investigated by: Elisabeth Albert

Ms. Muldowney alleged that Officers Gonzalez and Obas stood by and allowed

Benjamin Kanfee to kick down her door and remove property out of the house

that did not belong to him. Mr. Kanfee was the Complainant's tenant at 836 NW

12th Street in house she leases. On 10/28/2014 Mr. Kanfee had a medical

emergency and was transported from the home to the hospital. On the date of

incident, Joshua Reeves (tenant) arrived home to find the back door was kicked

in and Mr. Kanfee's belongings were missing. Ms. Muldowney admitted to

receiving telephone messages at her place of employment and on her cellphone

requesting she come home.

Ms. Muldowney responded to the CIP office and provided a statement,

photographs of the night of Mr. Kanfee's medical emergency and the day of the

burglary, text messages, and documents related to her complaint, and possible

witness contact information. The Complainant advised Mr. Kanfee had taken

possession of his personal affects prior to the date of incident and he had no

right to be allowed into the house. Ms. Muldowney advised there was no lease

and although Mr. Kanfee owed her money for rent, electric, and cable, she had

not initiated eviction proceedings. A witness advised Mr. Kanfee had attempted

to pick up his personal property on 10/30/2014 but was denied access.

Police records show Mr. Kanfee contacted MPD on the date of incident to

request police assistance in picking up his belongings. Officers Gonzalez and

Obas were dispatched and responded. Officer Gonzalez noted on her Officer

Worksheet, "Disturbance ref landlord & tenant Benjamin Joseph Max Kanfee,

DL#K-510070912470 wanted assistance retrieving his belongings after tenant

change the locks. Mr. Kanfee was advised this was a civil matter and his ID

matched the QTH [location]. Later MPD Officers Lartice Golden and Eva

Rimmer responded and documented a Burglary with forced entry to the back

door with thousands of dollars' worth of items taken. A Supplemental Report

later classified the case as a civil matter noting responding officers had verified

Mr. Kanfee's lived at the home and the locks had been changed.

15-00445



Staff contacted Mr. Kanfee who confirmed he contacted the police and entered

his home through the door leading that leads directly into the bedroom he rented

to recover his personal belongings. Telephone contact was made with several of

Ms. Muldowney's tenants, but only Mr. Reeves, who unknowingly had rented Mr.

Kanfee's room from Ms. Muldowney, witnessed any of the events. Attempts

were also made to contact the involved officers.

Mr. Reeves advised the CIP when he arrived home on the date of incident he

observed the door to his room had been forced open and Mr. Kanfee's personal

property to include a bed, futon, television, bicycle, and toiletries were missing.

Internal Affairs closed the allegation of Improper Procedure as a

Non-Complaint.

Recommendation:

CIP Staff finds that Ms. Muldowney had not evicted Mr. Kanfee nor had he

voluntarily surrendered or abandoned the premise. Ms. Muldowney prevented

her tenant from gaining reasonable access to his unit and property both by

changing the locks and refusing him entry on 10/30/2015. Officers Gonzalez

and Obas responded to Mr. Kanfee's call for assistance, verified by his Florida

ID card Mr. Kanfee lived at the house, and attempted to contact Ms. Muldowney

to respond. The Burglary report filed by the Complainant was investigated and

changed to a civil matter.

Staff recommends that the allegation of Improper Procedure against Officers

Gonzalez and Obas be closed as Exonerated because the acts that provide the

basis for the complaint occurred but our investigation show the acts were proper.

Procedural History:

01/20/2015 The Internal Affairs ("IA") investigative report was obtained.

01/22/2015 Independent Counsel and the Executive Director conducted a

preliminary review of the case.

01/22/2015 Case assigned to Investigator Albert for investigation.

01/22/2015 A 10-day letter accompanied by the IA Report was forwarded to

the Complainant.

01/22/2015 An initial notification letter was mailed to the Principal Officer.

Officer Obas has had 1 citizen complaint. Officer Gonzalez was hired on 09/17/2013 and

has had 1 citizen complaint.

02/17/2015 Reviewed FSS Title VI, Chapter 83, Civil Practice and Procedure,

landlord and Tenant, 83.67(2), which states, "A landlord of any dwelling unit



governed by this part shall not prevent the tenant from gaining reasonable access

to the dwelling unit by any means, including, but not limited to, changing the

locks or using any bootlock or similar device."

02/17/2015 Ms. Muldowney responded to the CIP and provided a

non-recorded statement.

02/25/2015 The calls to 911 were received and reviewed.

03/10/2015 The Burglary and Supplemental reports were reviewed and show

case was closed as a civil matter.

03/10/2015 Advised by MPD records that no report was generated by

Officers Gonzalez and Obas when they responded to Mr. Kanfee's call for

assistance picking up his property.

03/27/2015 Telephone contact was made with Mr. Reeves, Mr. Kanfee, Jose

Nunez (neighbor), and Anda Zang.

11/03/2015 Case submitted for closure with Investigator's recommendation.

05/01/2015 The Complaints Committee voted to accept Staff's

recommendation.




Case: Michael Benjamin CIP#: 15-003 IA#: 14-118S


Officer Caesar Carbana, 0839

Officer Yusimi Rodriguez, 28558

Sergeant Jose M. Gonzalez, 2450*

Allegation(s):

Improper Procedure

Discourtesy

Missing Property

DOI: May 1, 2014


According to Mr. Benjamin was arrested for Burglary/Occupied/Structure (no

actioned) by Officer Roque as he was moving the sailboat he owned from Dinner

Key Marina to the Miami River for repairs. Officer Carbana approached the

Complainant while he was waiting for the Brickell Bridge to open, and when he

advised the officer he was moving his boat for repairs, Officer Cabana stated,

"That's bullshit. Don't give me that bullshit." The Complainant alleged his

handcuffs were too tight and Officers Carbana and Rodriguez refused to loosen

them. Mr. Benjamin also alleged officers took money and a pocket knife from

him and it was not returned.

Mr. Benjamin met with the CIP. He advised following his arrest, Officer

Carbana "belly tied" his boat to the Marine Patrol vessel and towed it for

approximately 25 minutes to the Bayside Marina. As they arrived one of the lines

holding the boats together broke/slipped and a light on the bow of the police

boat was broken. Mr. Benjamin advised Officer Rodriguez took and threw away

his Spyderco pocket knife while they were in an office at the Bayside Marina.

The CIP attempted to identify any replacement/repair work done to the marine

vessels around the time of incident and was advised there was no record and this

type of work is done by a third party vendor.

A review of the Arrest Affidavit showed Officer Ricardo Roque was the arresting

officer. Officer Roque documented the Complainant entered Dinner Key

Marina property without permission, cut a cable belonging to the City of Miami,

and fled in his sailboat. Officer Carbana observed Mr. Benjamin on his sailboat

tied to a seawall at the entrance of the Miami River. Mr. Benjamin was arrested

and [taken] to Dinner Key Marina.

Sergeant Gonzalez, who was assigned to investigate the complaint, attempted but

was not able to contact the Complainant about the missing money which had not

been addressed in his prior statement to Internal Affairs. Sergeant Gonzalez

15-00507



took sworn statements from Officers Carbana and Rodriguez who both advised

they checked Mr. Benjamin's handcuffs by inserting two fingers between the

handcuffs and wrists to ensure they were not on tight, and then double locked

them. Officer Carbana advised he arrested the Complainant, handcuffed him,

placed him in an approved personal flotation device, and transported him while

towing the sailboat. No statement was requested or provided by Officer Roque.

The CIP attempted to contact the Principal and Witness officers.

The Internal Affairs file contains photographs of the property taken from Mr.

Benjamin at the time of his booking at the Miami Dade Correctional facility to

include $187.87 in cash, wallet, watch, keys, cellphone, sunglasses, and

miscellaneous other items.

Mr. Benjamin's arrest stems from a Transient Dockage agreement he signed with

the marina. The IA Report notes on 03/10/2014 Mr. Benjamin attempted to

pay $414.00 with a personal check that was marked "void" and returned to him

by marina staff. Mr. Benjamin produced the check (#1620) to the CIP and it was

noted that the original check does not have the word "void" written on it. Mr.

Benjamin denies damaging property when he removed his boat from Dinner Key

Marina. He stated the boat was cleated and he was able to lift the lines.

Because the Transient Dockage agreement went unpaid the City of Miami marina

moved forward with collection and United American Lien & Recovery issued a

Notice of Non-Judgmental Sale of Vessel (04/14/2014). According to United

American Lien & Recovery once the Notice was issued, Mr. Benjamin's boat was

arrested and he was not entitled to take it from the marina. They advised by

taking the vessel, Mr. Benjamin committed theft of services (Florida State Statute

812.012 (6): "Services" mean anything of value resulting from a person's physical or mental

labor or skill, or from the use, possession, or presence of property, and includes (b) Professional

services).

At Sergeant Gonzalez recommendation Internal Affairs closed the allegations of

Discourtesy, Improper Procedure, and Missing Property against Officer Carbana,

and Improper Procedure and Missing Property against Officer Rodriguez as

Information Only noting, "Mr. Benjamin perjured himself in his sworn/false

statement to the Internal Affairs Section, wherein he misrepresented and omitted

the facts of this case" and "Mr. Benjamin stated he was relocating his boat for

repairs. he failed to state his boat was arrested by the Dock Master at Dinner

Key Marina after he failed to pay for docking fees."

Recommendation:

CIP Staff recommends the allegations of Missing Property and Discourtesy

against Officer Carbana and Missing Property and Improper Procedure against

Officer Rodriguez be closed as Not Sustained (investigation failed to disclose sufficient

facts to prove the allegations mace in the complaint) and the allegation of Improper

Procedure against Officer Carbana be Sustained based on the below listed

Departmental Orders:



DO 12, Chapter 7, Marine Patrol:

7.35.1: Officers will assist, secure, or advise on commercial assistance.

Marine Patrol vessels are not designed or equipped to pull or tow stranded or

disabled vessels and will only do so in case of an emergency situation.

Staff finds that Sergeant Gonzalez' did not conduct a thorough investigation into

the allegations, and made allegations of perjury, thus nullifying the complaint.

Sergeant Gonzalez did not follow protocol as outlined in Departmental Order 2,

Chapter 2, Internal Investigation. We recommend that the allegation of

Improper Procedure against Sergeant Gonzalez be added and Sustained based on

the below listed Departmental Orders:

DO 2, Chapter 2, Internal Affairs:

2.1 Policy: Is the policy of the Miami Police Department to investigate all

complaints of officers misconduct arising from the public or from within the

Department.

2.4.1.2 While encouraging the filing of legitimate complaints against officers

as means by which they can be held accountable to the public, the Department

simultaneously seeks to hold members of the public responsible for the filing of

false and malicious allegations against police officers. In cases of this nature, the

complainants will be in informed that appropriate legal proceeding sill be

instituted to remedy such action.

Staff recommends Sergeant Gonzalez be added to the CIP's MONITORING

LIST as he has reached the fixed threshold of three (3) or more citizen

complaints within a year; irrespective of findings.

Procedural History:






the Complainant.


01/20/2014 IA file obtained and reviewed. Sergeant Gonzalez was assigned

to investigate the allegations made by the Complainant. Sergeant Gonzalez

closed the complaint as Information Only stating, "Mr. Benjamin perjured

himself in his sworn/false statement to Internal Affairs Section, wherein he

misrepresented and omitted facts in this case."

The Transient Dockage Agreement dated 03/10/ (no year given) was signed by the

vessel owner and an unknown City of Miami employee. Mr. Benjamin agreed to



pay the dockage space at the rate of $2.85 per vessel foot/per day, for a 34 foot

vessel, for a total of $414.73 per day plus tax. On May 1, 2014 a Transient

Dockage Agreement was signed by an unknown City employee, and it was noted

where the vessel owner's signature should have been, "Arrested by MPD

5/01/2014" and "towed in by Miami Police. Charge daily rate, owner give

'trespass warning", owner in jail for Robbery."

Officer Carbana was hired on 04/19/1993 and has had 3 citizen complaints and 5 use of

force incidents. Officer Rodriguez was hired on 12/27/2007and has had 3 citizen complaints

and 3 use of force incidents.

01/28/2015 Notification letter were emailed to witness officers.

01/29/2015 Mr. Benjamin responded to the CIP and provided a taped

statement.

02/02/2015 A request was made for copies of any/all police radio

transmissions.

02/03/2015 A message was left at United American Lien and Recovery

requesting a call back to the CIP.

02/11/2015 MPD Records advised there is no worksheet on file for Officer

Carbana on the date of incident.

02/12/2015 Additional witness notification letters were emailed.

03/10/2015 Telephone contact was made with Florida Wildlife Commission

(FWC) Captain Mark Hodges and Officer Mark Ingellis.

03/10/2015 Case observations/concerns were discussed with ED Beamud.

03/11/2015 Emails were sent to the City of Miami Motor Pool, Police I.T.D.

and GSA requesting to know if here had been any reported damage or

repair/replacement work done to a Spider spotlight on the Marine Patrol vessels.

There was no record of repair/replacement work on the Marine Patrol boats but

we were advised this type of work would have been done by a third party vendor.

03/11/2015 A message was left for the Complainant to contact the CIP.

03/13/2015 A message was left requesting the Complainant contact the CIP.

04/07/2015 Telephone contact was made with Vicki Hurd of United

American Lien & Recovery.



recommendation.




Case: Maria Barcenas (direct file) CIP#: 14-205 IA#: C14-199


Lizlinda Bremer, 27572

Allegation(s):

Discourtesy

Misconduct

DOI: July 29, 2014


Officer Bremer called the medical office Ms. Barcenas works for in regard to an

insurance claim that denied. Ms. Barcenas alleged Officer Bremer became upset

and began calling her names, told her the office "sucks", identified herself as the

head investigator for the fraud division in the City of Miami Police Department,

and expressed her intent to report the office to the Agency for Health Care

Administration (ACHA). The Complainant told Officer Bremer she could not

use her power as a police officer to intimidate her and Officer Bremer stated,

"You don't know what intimidation is. I am on my way to your office to show

you."

Internal Affairs took sworn statements from the Complainant, three (3) employee

witnesses and the Principal Officer. Vanessa Perez (employee) heard screaming

and observed Ms. Barcenas arguing with someone on the speakerphone but she

did not recall specifically what she heard. Carmen Freire (a new employee) and

Naivelys Gutierrez both heard the conversation between Officer Bremer and the

Complainant, and provided statements to Internal Affairs consistent with the

Complainant's. Ms. Gutierrez heard Officer Bremer use profane language. The

Complainant and witnesses advised Officer Bremer did not respond to their

office following the threat.

The CIP has not been able to obtain a copy of Officer Bremer's sworn statement

to Internal Affairs. According to the IA Report, Officer Bremer confirmed she

contact the office about a billing error. Officer Bremer advised she did not

receive the treatment she was billed for and would file a complaint with ACHA

for false billing. Officer Bremer denied identifying herself as head investigator at

the City of Miami Police Department's fraud division, but did say she investigates

pharmaceutical diversion, health care fraud cases for the DEA, and medical

crimes for MPD, which enables her to red flag medical crimes. Officer Bremer

has since filed a claim with her health insurance company and has had no contact

with the doctor's office.

Upon receipt of an Invitation to Testify Officer Bremer responded by email

stating, "I have provided my statement to internal affairs and the case has been

15-00473



closed ruled inconclusive. Please refer any further questions about this case to

Eugene Gibbons Esq. at [email protected]. I urge that you speak to him

before the hearing as I have decided to move forward seeking legal recourse

against the complainant due to violations of my healthcare information in the

complaint received by your office."

Internal Affairs closed the allegations of Discourtesy and Misconduct as

Inconclusive because their investigation did not produce any independent

witnesses to prove or disprove the allegation.

Recommendation:

CIP Staff finds there were three (3) witnesses who heard Officer Bremer attempt

to use her position as a City of Police Officer to scare and intimidate Ms.

Barcenas regarding a billing/insurance issue. Staff recommends that the

allegations of Discourtesy and Misconduct against Officer Bremer be Sustained

based on violations of the below listed Departmental Orders:

DO 1, Chapter 11:

11.6.9.4, Unauthorized Use: A member shall not, at any time, use or attempt to

use his official position, badge, or official I.D. card for personal or financial gain.

A member shall not permit any other person or member to use his badge or I.D.

card.

11.6.13.8, Conduct Unbecoming an Officer or Employee: No member or

civilian employee of the Department shall conduct him/herself in a disorderly

manner at any time, "on" or "off" duty, or so conduct him/herself in a manner

unbecoming the conduct of a member or civilian employee of the city of Miami

Police Department.

Procedural History:

08/22/2014 A direct file complaint was received from Ms. Barcenas by the

CIP.

08/22/2014 Pursuant to Sec. 11.5-31 of the Civilian Investigative Panel (CIP)

Ordinance #12188, the complaint was forwarded to Miami Police Legal Advisor

George Wysong.




09/04/2014 A letter of abeyance was mailed to the Complainant.

03/03/2015 Advised the Internal Affairs investigation was closed on

03/02/2015, and the IA Report was obtained.




03/03/2015 Attempted to contact the Complainant at her place of business,

but the office was closed.

03/04/2015 Officer Bremer was hired on 03/13/2006 and has had 8 citizen

complaints and 5 use of force incidents.

03/12/2015 IA file was obtained and reviewed. There is no statement from

Officer Bremer included in the file. An email was sent to IA requesting a copy of

Officer Bremer's statement.

03/13/2015 An email was sent to Ms. Barcenas requesting she contact the

CIP.

03/16/2015 Contact was made with an office employee who advised the

Complainant was on vacation until 03/23/2015.

03/16/2015 10-day letter and copy of IA Report was mailed to the

Complainant.

04/06/2015 A second request was made for a copy of Officer Bremer's

statement to IA.


04/15/2015 A response to the Invitation to Testify was received from Officer

Bremer.


recommendation.



D. NO FINDINGS

D. 01 DISCUSSION ITEM

Case: Osvaldo Cedeno CIP#: 15-022 IA#: 14-162


Wayne Tillman #7076

Allegation(s):

Abusive Treatment

Discourtesy

DOI: July 27, 2014

Investigated by: Michael Lucas

Mr. Osvaldo Cedeno stated that on July 27, 2014, Officer Wayne Tillman #7076,

escorted him to the security room at Publix Supermarket and told him "You

bitch ass nigga. You are a little pussy." He alleged that Officer Tillman then

pushed him against the wall four times with both hands. He added that Officer

Tillman then handcuffed him and grabbed his left arm and bent it upward above

his head, causing him to scream and told him, "You are a little pussy, you a bitch

now."

Internal Affairs closed the allegation of Abusive Treatment as Inconclusive.

Internal Affairs closed the allegation of Discourtesy as Inconclusive.

Recommendation:

CIP Staff recommends that the allegations of Abusive Treatment and

Discourtesy be closed as No Finding because the Complainant is unavailable to

clarify the complaint.

Procedural History:

02/11/2015 The Internal Affairs (“IA”) investigative report was obtained.

02/11/2015 The Executive Director conducted a preliminary review of the

case.

2/11/2015 Independent Counsel review and email consultation sent to SAO

Jose Arrojo.

02/12/2015 Case assigned to Investigator Lucas for investigation.

02/12/2015 Letter to Principle Officer sent to Officer Wayne Tillman.

15-00490



02/12/2015 10- day letter and copy of internal affairs report mailed to

complainant.

02/19/1015 Receive IA profiles for Officer Tillman.

- Officer Tillman was hired February 10, 2011. He has received 36 citizen

complaints and has 9 use of force incidents noted.

02/24/2015 Received complete IA file (IA Case # 14-162)

02/26/2015 10 day letter returned by USPS with a notation of "Attempted

Not Known - Unable To Forward"

03/23/2015 Contact made with the complainant via telephone. The

complainant stated that he no longer has any of the paperwork in reference to

this complaint. The complainant stated that currently he does not have an

address to receive mail. The complainant request that a copy of the IA report be

emailed to him at [email protected] <mailto:[email protected]>

so that he will be able to make a decision on whether he wishes to continue with

this investigation. Per the complainant's request a copy of the IA report was

emailed to him.

03/26/2015 A follow up email was sent to the complainant advising him to

contact CIP staff by 04-01-2015 or this case would be closed as No Finding.

04/09/2015 To date CIP Staff has had no further communication with the

complainant. The complainant has not replied to any emails after receiving an

emailed copy of the internal affairs report. CIP staff recommends that this case

be closed as No Finding because the complainant is unavailable to clarify his

complaint.


05/01/2015 Complaints Committee voted to accept investigator's

recommendation.




Case: Ryan Gonzalez CIP#: 15-028 IA#: 14-097S


Maximiliano Valdes #27081

Javier Herbello #40478

Allegation(s):

Discourtesy

False Arrest

DOI: March 22, 2014


Mr. Ryan Gonzalez stated that on May 22, 2014, he was traveling southbound on

the 826, when he observed a mark police vehicle in the left lane in front of him.

He sped past the mark police vehicle, which was driven by Officer Javier

Herbello He was consequently pulled over. He asked what the nature of the stop

was and Officer Herbello responded, "Give me your fucking driver's license,"

which he did. Officer Herbello went to his police vehicle, returned and asked for

his registration and insurance, he asked again, why was he stopped and Officer

Herbello stated, "For speeding." Mr. Gonzalez called Florida Highway Patrol

and told them he was pulled over by a City of Miami officer on the expressway

and does not know why. He also told them he was put in a very dangerous

situation. Sergeant Maximiliano Valdes arrived on the scene and told him, "Get

out of his vehicle." He asked why he had to get out of the vehicle and was he

under arrest. Sergeant Valdes told him, "Get out of the vehicle" and "Yes you are

being arrested. You are being arrested for reckless driving." He was handcuffed

and placed in the rear of the police vehicle and his vehicle was towed. He called

Sergeant Valdes and Officer Herbello "Gustapo cops" because they were

arresting him for no reason. He asked Sergeant Valdes if he could give him a

PTA (Promise To Appear) since he was arrested for no reason and Sergeant

Valdes he told him, "I am not going to give you a PTA. I am going to take you

straight to jail. I am going to teach you a fucking lesson. Today I am going to

teach you a lesson." He asked Sergeant Valdes if he was a "fucking judge" and

Sergeant Valdes replied, "Yes, I am the judge and I am taking you to jail." While

being transported to jail, Officer Herbello stated, "If you had stayed quiet, I

would not have done anything. It would have just been a simple warning but

because you called me a "Gustapo cop" now I will teach you a lesson and take

you to jail."

Mr. Gonzalez stated he is a private investigator and he has never been arrested

and the two officers made up a story and falsely arrested him for "reckless

driving" when the most they should have done was to write him a speeding

citation.

Internal Affairs closed the allegation of False Arrest as a Non-Complaint.

15-00494




Recommendation:

CIP Staff recommends that the allegations of False Arrest and Discourtesy be

closed as No Finding because the Complainant is unavailable to clarify the

complaint.

Procedural History:






the Complainant.


03/12/2015 Received complete internal affairs file (IA Case # 14-097S).

03/23/2015 Attempt to contact the complainant via telephone. Received no

answer. Message left for the complainant.

03/30/2015 CIP staff attempted to make contact with the complainant at the

address listed on the IA report. A female who identified herself as the

complainant's wife stated that the complainant was at work. A business card was

left for the complainant to call back

04/09/2015 To date, CIP staff has not had any contact with the complainant.

All attempts to contact the complainant have been unsuccessful. CIP staff

recommends that this case be closed as No Finding because the complainant has

not cooperated with this investigation.



recommendation.




Case: Jose Chirino CIP#: 15-037 IA#: 14-171S


Lazaro Alvarez #0134

Allegation(s):

Discourtesy

DOI: August 7, 2014


Mr. Jose Chirino alleged that on August 6, 2014, Officer Lazaro Alvarez arrested

him and during their conversation told him, "What did you call me? Papa, potato,

do I look like a potato to you? Do I look like Mr. Potato head?" He added that

officer Alvarez was verbally aggressive when he told him, :so what you want me

to have sympathy for you? Oh, you want the strings of my heart to play the violin

for you?" He concluded by stating that Officer Alvarez asked him during their

conversation, "Are you double talking me again? Tell me I am a stupid officer or

something, so I could put cuff on you and impound your truck."

Internal Affairs closed the Discourtesy Complaint as Inconclusive.

Recommendation:

CIP Staff recommends that the allegation of Discourtesy be closed as No

Finding because the Complainant is unavailable to clarify the complaint.

Procedural History:

03/16/2015 The Executive Director conducted initial review of case.

03/17/2015 The Independent Counsel conducted initial review of case.

03/17/2015 Case assigned to Investigator Lucas

03/17/2015 10-day letter sent to complainant

03/18/2015 Notification to Principal Officer letter sent to Officer Alvarez

03/25/2015 Received complete internal affairs file including all applicable

statements.

04/07/2015 Made contact with the Complainant at the telephone number

listed in the IA report. The complainant stated that he does not wish to provide a

statement because everything he told internal affairs is correct. The complainant

15-00486



stated that his witness is afraid of retaliation by the police if he provides a

statement. The complainant ended the conversation by saying that he did receive

the letter from internal affairs and the letter from the CIP but did not respond

because he thinks it will not do any good to have additional follow up on his

complaint. Based on the complainant's statement CIP staff recommends that this

case be closed as No Finding.



recommendation.




Case: Exile St. Vilus & Emery Miller CIP#: 15-041 IA#: 14-249S


Kenya Crocker #28401

Allegation(s):

Negligence of Duty

DOI: December 30, 2014


On December 30, 2014, Mr. Exile St. Vilus and Mr. Emery Miller stated that they

were threatened by Mr. Sudat Fordham during a landlord/tenant dispute and

Officer Kenya Crocker refused to write a report.

Internal Affairs closed the allegation of Negligence of Duty as being Withdrawn.

Recommendation:

CIP Staff recommends that the allegation of Negligence of Duty be closed as No

Finding because the Complainant Exile St. Vilus wishes to withdraw his

complaint and Complainant Emery Miller is unavailable to clarify the complaint.

Procedural History:



case.

03/17/2015 Case assigned to Investigator Lucas

03/17/2015 Independent Counsel reviewed case

03/17/2015 10-day letters mailed to both complainants

03/17/2015 Notification to Principle Officer letter sent to Officer Crocker

03/23/2015 Attempted to contact complainant Emery Miller. Left a message

for Mr. Miller to call back in reference to his case.

03/23/2015 Made contact with Mr. St. Vilus via telephone. Mr. Vilus stated

that he does not wish to have any further involvement in this case because he

feels that the officer did the best job she could. Mr. Vilus stated that he

voluntarily withdrew his complaint.

15-00492



03/25/2015 Received complete internal affairs file including all applicable

statements.

04/02/2015 Made contact with Complainant Emery Miller via telephone. Mr.

Miller stated that he was driving at the time and would call back as soon as he

parked his vehicle.

04/09/2015 To date CIP staff has not heard from complainant Emery Miller.

CIP staff recommends this case be closed as No Finding.



recommendation.




Case: Ruben Yero CIP#: 15-049 IA#: 14-228


Emilio Lopez

Allegation(s):

Discourtesy

DOI: December 03, 2014


West Miami Police Detective Ruben Yero stated on November 26, 2014, he was

working in an off duty capacity at the intercontinental Bank located at 5722 S.W.

8 Street, and as Officer Emilio Lopez 4120 walked passed him he stated, "You

asshole, you asshole".


Internal Affairs added the allegation of Improper Procedure, which was

Substantiated.

Recommendation:

CIP Staff recommends that the allegations of Discourtesy and Improper

Procedure be closed as No Finding because the Complainant no longer wishes to

pursue the complaint.

Procedural History:



case.

03/24/2015 Independent Counsel conducted a preliminary review of the case


03/25/2015 A 10-day letter accompanied by the Internal Affairs Report was

forwarded to the Complainant.


03/31/2015 Officer Lopez was hired on 09/25/1989 and has had 1

administrative complaint, 25 citizen complaints, and 13 use of force incidents.

15-00488



04/08/2015 Attempted to contact the Complainant at the telephone number

identified in the online search. A message was left requesting the Complainant to

contact the CIP.

04/09/2015 Received a telephone call from the complainant. The complainant

stated that he was not advised of the outcome of his complaint until he received

the 10-day letter and copy of the internal affairs report. The complainant stated

that he is surprised and pleased with the outcome of his complaint and does feel

that any further investigation or other action is necessary. CIP staff recommends

that this case be closed as No Finding because the complainant no longer wishes

to pursue this case.



recommendation.




Case: Otto Montero CIP#: 15-051 IA#: 14-173S


Juan Nodal #5267

Allegation(s):

Missing Property

DOI: August 18, 2014


Mr. Otto Montero stated Officer Nodal asked him for his wallet, keys and phone

while being arrested. When Mr. Montero was released from jail his phone was

missing.

Internal Affairs closed the Allegation of Missing Property as Inconclusive.

Recommendation:

CIP Staff recommends that the allegation of Missing Property be closed as No

Finding because the Complainant no longer wishes to continue the investigation

of this complaint.

Procedural History:



case.




the Complainant.

03/25/2015 An initial notification letter was mailed to Officer Nodal.

04/08/2015 Receive IA profiles for Officer Nodal.

- Officer Nodal was hired January 25, 1999. He has received 8 citizen complaints

and has 16 use of force incidents noted.

04/09/2015 Received complete internal affairs file (IA Case # 14-173S),

including statements.

15-00516



04/13/2015 CIP staff attempted to contact the Complainant at the telephone

number listed in the IA Report. CIP staff received a message saying that the call

could not be completed as dialed.

04/13/2015 10-day letter returned by USPS, with a notation of “return to

sender - unable to forward”

04/15/2015 CIP staff attempted to make contact with the complainant at an

address discovered in Accurint. Contact was made with the complainant's father,

who stated that he would contact the complainant and have him call CIP staff. A

business card was left with the complainant's father.

04/15/2015 received a telephone call from the complainant. The complainant

stated that he

Did not receive his cell phone when he was released from the county jail but he

does not wish to continue this investigation. The complainant stated the cell

phone was only worth $30 and that is not worth conducting an investigation.

Based on the complainant's unwillingness to continue this investigation CIP staff

recommends this case be closed as No Finding



recommendation.




Case: Vince Charles CIP#: 15-056 IA#: 14-170


Wesner Moise #40475

Allegation(s):

Misconduct

Abusive Treatment

Improper Procedure (Added by Internal Affairs)

DOI: July 31, 2014


Mr. Vince Charles stated on July 31, 2014, Officer Wesner Moise 40475,

followed him into his parking garage, pulled him out of his vehicle through the

window, pushed him and hit him, and handcuffed him. He then threatened to

arrest him and charge him with kidnapping if he did not return his daughter to

the child's mother. He later turned over his daughter to Officer Moise, who then

gave the child to her mother, Ms. Lamothe. Mr. Charles stated Officer Moise

was dating Ms. Lamothe and used his position of authority to remove the child

from his custody.

Internal Affairs closed the allegation of Misconduct as Inconclusive.

Internal Affairs closed the allegation of Abusive Treatment as Inconclusive.

Based on Officer Moise leaving his assigned N.E.T. area without supervisor

approval, internal affairs sustained the allegation of Improper Proprocedure

Recommendation:

CIP Staff recommends that the allegation of Improper Procedure be closed as

No Finding because the Complainant does not wish any further investigation of

this complaint.

Procedural History:



case.




15-00519



the Complainant.


04/09/2015 Received Complete Internal Affairs file, including statements.

04/13/2015 CIP staff Attempted to make contact with the complainant at the

telephone number listed on the internal affairs report. Received a message from

Verizon cellular saying that the phone number was no longer in service.

04/08/2015 Receive IA profiles for Officer Moise.

- Officer Moise was hired September 12, 2011. He has received 3 citizen

complaints and has 3 use of force incidents noted.

04/09/2015 Received complete internal affairs file (IA Case # 14-170),

including statements.

04/13/2015 Attempted to contact the complainant at the telephone number

listed in the IA Report and found the number was no longer in service.


address listed in the internal affairs report. The door was answered by a female,

however due to a language barrier CIP staff could not determine if the

complainant actually resides at this address. Contact was made with building

security and it was confirmed that the complainant does reside at this address. A

business card was left with building security for them to provide it to the

complainant.

04/15/2015 Received a telephone call from the complainant. The complainant

stated that he has hired a federal civil rights attorney with the intent to sue the

city because he is not satisfied with the way the city handled the discipline of the

officer. The complainant stated that he feels that the officer should have been

suspended for at least seven days and the city failed to do that. The complainant

stated that he does not wish to cooperate with this investigation because his

attorney will handle it going forward. Based on the complainant's unwillingness

to continue this investigation CIP staff recommends this case be closed as No

Finding



recommendation.




Case: Bertha James CIP#: 15-058 IA#: 14-188


Ney Suero #6844

Allegation(s):

Negligence of Duty



Ms. Bertha James stated Officer Ney Suero 6844, and Public Service Aide

Wideline Anestor 28388, failed to arrest Ms. Kyla Aguirre, whose license was

revoked, had no proof of insurance, and an expired tag when she struck Ms.

James with her vehicle. Ms. James stated the phone number and direction of

travel on the accident report were also incorrect. She felt also Ms. Aguirre was

given "ethnic privileges" because Officer Suero is of the same ethnicity.

Internal Affairs closed the allegation of Negligence of Duty as Cleared.

Recommendation:


Finding because the Complainant does not wish to cooperate with the

investigation.

Procedural History:



case.




the Complainant.


04/13/2015 CIP staff made contact with the complainant at the telephone

number listed on the internal affairs report. The complainant stated that she is

sixty-five years old and cannot remember anything from the accident. She "trusts

15-00506



the police department" and she is "sure the officer knows what he is doing". The

only complaints she has are the doctor's bills and pain form the accident. The

complainant stated that she "would like to leave it as it is" because she wishes no

ill will on the officer. The complainant stated that she does not wish to file a

complaint against the officer because "if he did anything wrong, god will handle

it"

Based on the complainant's statements CIP staff recommends that this case be

closed as No Finding because the complainant does not wish to cooperate with

the investigation.





Case: Nadine Rivera CIP#: 15-060 IA#: 15-031N


Alexander Delgado #41791

Cherie Bryant #0695

Allegation(s):

Negligence of Duty

DOI: February 12, 2015


Ms. Nadine Rivera stated that on February 12, 2015, she called the police to her

home because there were several kids waiting for the school bus who were

jumping on her car and throwing rocks at her home. She stated she pointed out

the school bus to the officers, but they hesitated and it left the area without them

making contact with the driver. Ms. Rivera stated the officers returned to her

home and asked if there was damage to her vehicle and she told them, "no" and

that one of the kids lived next door. She stated Officer Delgado told her she

should contact the parents of the kids and try to work out the situation.

Internal Affairs closed the Allegation of Negligence of Duty as a

Non-Complaint.

Recommendation:


Finding because the Complainant is unwilling to cooperate with the investigation.

Procedural History:

03/252015 The Internal Affairs (“IA”) investigative report was obtained.


case.




the Complainant.


15-00504



04/09/2015 Received Complete Internal Affairs file, including statements.

04/13/2015 CIP staff made contact with the complainant at the telephone

number listed on the internal affairs report. The complainant stated that she

pointed out the juveniles who were throwing rocks and jumping on her vehicle

but the police officers never spoke to the juveniles about their behavior. The

police officers only waited for the school bus to arrive and the juveniles to leave

the area. She stated an officer told her that she should speak to the parents of

one of the juveniles because they live next door. The complainant stated that

“this is not the kind of neighborhood to go speak to people about their kids”.

She feels that the police should have done more about the juveniles. When asked,

the complainant stated that there was no damage to her vehicle and she does not

wish to pursue this complaint because she is moving out of that neighborhood

and “it does not matter now, nothing was done when it did matter”. The

complainant was told that the complaint can still be investigated and she replied

that it “won't change the fact that the officer should have done more while it was

happening”. Based on the complainant's unwillingness to cooperate with this

investigation, CIP staff recommends this case be closed as No Findings



recommendation.




Case: Phoebe Clemons CIP#: 15-062 IA#: 15-047N


Leonard Kelly #3575

Allegation(s):

Improper Procedure

DOI: March 3, 2015


Ms. Phoebe Clemons stated that on March 3, 2015, she drove into the parking lot

of the McDonalds Restaurant when she observed Officer Kelly's marked police

vehicle stopped in the parking lot. After a few minutes, she honked her horn and

Officer Kelly moved his vehicle. She stated she then pulled up next to Officer

Kelly's vehicle and told him that if she had been obstructing traffic, she would

have received a citation. She stated she proceeded through the drive thru and

when she left, Officer Kelly stopped her and told her she had an obstructed tag.

Internal Affairs closed the Allegation of Improper Procedure as a

Non-Complaint.

Recommendation:


No Finding because the Complainant is unavailable to clarify the complaint.

Procedural History:

03/252015 The Internal Affairs (“IA”) investigative report was obtained.


case.



03/27/2015 A 10-day letter and a copy of the internal affairs report was

forwarded to the complainant.


04/08/2015 Receive IA profiles for Officer Kelly.

- Officer Kelly was hired November 29, 1990. He has received 27 citizen

15-00522



complaints, 2 administrative complaints, and has 1 use of force incident noted.


address listed on the internal affairs report. There was no answer at the residence.

A business card was left at the residence for the complainant to callback in

reference to this case.

04/16/2015 To date, CIP staff has been unable to make contact with the

complainant. Attempts to contact the complainant via letter, telephone and in

person have but unsuccessful. Based on the complainant being unavailable to

clarify hi complaint, CIP staff recommends that this case be closed as No

Finding.



recommendation.




Case: Norace Harris-Bolt CIP#: 15-063 IA#: N/A


Miami Dade PD Officers

Allegation(s):

Harassment

DOI: March 6, 2015


We received this complaint by certified mail on April 2, 2015.

Ms. Harris-Bolt bought her house on January 15, 2015 and since then a neighbor

who is a police officer continues to harass and intimidate her and her family

insinuating that they are squatters. Ms. Harris-Bolt fears for her personal safety

and for the safety of her mom and her 15 year old black son.

Ms. Harris-Bolt's home is in Homestead. The letter indicates that Miami Dade

Police officers were involved in this matter.

Recommendation:

CIP Staff recommends that the allegation of Harassment be closed as No

Finding because CIP does not have jurisdiction over this complaint because it

does not involve any City of Miami Officers

Procedural History:


case.


04/02/2015 CIP staff made contact with Miami Dade Police Department

Professional Compliance Bureau. The information in the complaint was provided

to Sgt. Saunders and she stated that the car numbers in the complaint are Miami

Dade PD vehicles.

04/03/2015 A copy of the complaint was emailed to Sgt. Saunders of the

Miami Dade Police Department Professional Compliance Bureau. CIP staff

recommends that this case be closed as No Finding because the officers involved

are employed by the Miami Dade Police Department and the CIP does not have

Jurisdiction.


15-00458




recommendation.




Case: Fred Butler CIP#: 15-027 IA#: 15-012N


Unknown Officers

Allegation(s):

Improper Procedure



Mr. Butler was at Peacock Park, 2820 McFarlane Road, near the baseball field

with a friend when four (4) officers and a female Sergeant saturated the park and

asked him and other people to leave. The officer did not give a reason for asking

people to leave the park but said whoever did not leave would be arrested for

trespassing. Mr. Butler cooperated and left the park. MPD records show that

officers were at Peacock Park for a disturbance call where a group of five (5)

white Hispanic males were behind the bleachers, exposing themselves using the

restroom in front of children.

Internal Affairs closed the allegation of Improper Procedure as a

Non-Complaint.

Recommendation:


No Finding because the Complainant is unavailable to clarify the complaint.

Procedural History:






the Complainant.

03/05/2015 An initial notification letter was mailed to the witness officers.

03/24/2015 Attempted to contact Mr. Butler at the telephone number noted

in the IA Complaint Form, and a message was left requesting he contact the CIP.

15-00448



03/24/2015 An online search revealed a possible address for the Complainant

03/24/2015 A 10-day letter and copy of the Complaint Form was mailed to

the address identified in the online search.

03/30/2015 Attempted to contact Mr. Butler at the address documented in

the IA Report. There was no answer at the door. A business card with a request

for the Complainant to contact the CIP was left in the mailbox.



recommendation.




Case: Michelle Paulk CIP#: 15-026 IA#: 15-007N


Guillermo Gonzalez, 2447

Allegation(s):

Discourtesy

DOI: January 20, 2015


Ms. Paulk stated Officer Gonzalez was rude and treated her like a criminal when

he stopped her, advising he was conducting an investigation involving a vehicle

fitting the description of her vehicle. Ms. Paulk alleged that Officer Gonzalez

told her she would be arrested if she did not comply with his instructions.

Internal Affairs closed the allegation of Discourtesy as a Non-Complaint.

Recommendation:

CIP Staff recommends that the allegation of Discourtesy be closed as No


Procedural History:




02/25/2015 A consultation email was sent to Assistant State Attorney Jose

Arrojo.



the Complainant.


03/04/2015 Miami Dade Clerk of Court records show that the Complainant

failed to pay the citations she was issued by Officer Gonzalez (OP VEH

UNSAFE CONDITION and SIDE WINDOWS-RESTICTION ON

SUNSCRN).

15-00449



Officer Gonzalez was hired on 07/21/1994 and has had 1 administrative complaint, 16

citizen complaints, 1 driving complaint, and 17 use of force incidents.

03/19/2015 Telephone contact was made with the Complainant at the

telephone number identified on the IA Report. Ms. Paulk advised she had not

received the CIP's correspondence and requested it be re-mailed. Complainant

will contact the CIP if she wishes to pursue her complaint.

03/19/2015 A copy of the 10-day letter and copy of the Complaint Form was

mailed to the Complainant.



recommendation.




Case: Mayla Quilez CIP#: 15-024 IA#: C14-166


Vincent Miller, 4785

Allegation(s):

Abusive Treatment

Discourtesy

Improper Procedure

DOI: May 7, 2014


Ms. Quilez alleged Officer Miller took her in his police vehicle to her friend's

house and when she refused to exit he pointed his Taser at the left side of her

hip. She stated on August 3, 2014, she was conversing with Officer Miller

through text communication and Officer Miller replied to her, "Hey bitch keep

your legs closed." She added that she drove to where Officer Miller's was

working off duty (Publix, 1776 Biscayne Boulevard) and he entered her vehicle,

choked her, and told her, "I am going to burn your ass" before exiting her

vehicle.

CIP Staff contacted Ms. Quilez who hung up after we identified who we were. A

message was left requesting the Complainant contact the CIP.

Internal Affairs closed the allegations of Improper Procedure as Inconclusive

(because there investigation did not reveal any evidence to prove or disprove the allegation),

Discourtesy as Substantiated, Improper Procedure as Substantiated, and Cleared

Officer Miller of Abusive Treatment (crime scene photographs did not illustrate any signs

of injury to Ms. Quilez' neck or body). They found Officer Miller to be be in violation

of the below listed Departmental Orders:

Departmental Order 1, Chapter 11: RULES AND REGULATIONS

11.6.11.1 Military Bearing: Every member of the Department shall maintain a

military bearing and an alert and attentive attitude and appearance. The member

shall avoid a slouchy attitude of mind and body. He/she shall not sleep on duty

and shall, at all times, be attentive to his/her duties.

11.6.17.7 Conduct unbecoming a police officer that shall include any act or

conduct not specifically mentioned in these rules and Regulations that tends to

bring the Department into disrepute or reflects discredit upon the individual

member as a police officer.

11.6.17.15 Using course, profane, insolent, or discourteous language to

15-00450



superiors, fellow members or civilian employees of the Department, or to any

citizen.

11.6.19.4 Conduct During Off-Duty Police Work: Any outside policing activity

will be considered to be regular police work insofar as conduct, performance of

duty, and compliance with Rules and Regulations are concerned; and all members

and civilian employees performing such duty will be under the direction of any

superior officer, when on duty, who shall supervise the officer's activity in a

manner consistent with good police work.

Departmental Order 8, Chapter 8: CELLULAR TELEPHONE USE

8.4.2 Use of personal cellular phones or departmentally issued cellular phones

wither in voice or data transmission while on duty should be restricted to

essential communications and should be limited in length. Engagement in

multiple or extended conversations unrelated to police business, or similar use

that interferes with the performance of duty is prohibited.

Recommendation:

CIP Staff recommends that the allegations of Improper Procedure , Abusive

Treatment, and Discourtesy against Officer Miller be closed as No Finding

because the Complainant is unavailable to clarify the complaint.

Staff recommends that Officer Miller be placed on the CIP'S MONITORING

LIST as he has met the fixed threshold of 3 or more complaints within a year;

irrespective of findings.

Procedural History:




02/27/2015 Email was sent to Assistant State Attorney Jose Arrojo advising

an independent investigation would proceed absent an objection within seven (7)

days.


Officer Miller was hired on 02/28/1994 and has had 9 citizen complaints, 1 driving

complaint, and 14 use of force incidents.



the Complainant.



03/25/2015 Internal Affairs file obtained. After reading through the file it is

observed that there are inconsistencies between the complainant and witness

statements to events that occurred on 08/03/2014. The 13-year old witness (JH)

stated he was asked by the Complainant to step out of the car while she and

Officer Miller talked inside, and Ms. Quilez stated the witness hid in the backseat

of the car and was an eye witness to the events.

03/26/2015 Telephone contact was made with the Complainant who hung up

after learning the call was from a CIP investigator. Further attempts were made

to re-contact the Complainant and a voice message was left requesting she

contact the CIP.



recommendation.




Case: Shanetta Rose CIP#: 15-030 IA#: 14-034S


Nestor Amores, 40732

Leslier Diaz, 40742

Allegation(s):

Negligence of Duty

Discourtesy



Ms. Rose alleged an officer driving a police vehicle containing the numbers "289

or ending in "89" transported her to an offender's location and told everyone to

"shut up" and if he had to come back to the location again everyone was going to

jail. Ms. Rose was dropped off by the police but was not provided with a police

report. Officers Amores and Diaz were listed as the Involved Officers because

they were the primary units on the call. The partial vehicle numbers provided by

the Complainant does not match either officer's vehicle number.

Internal Affairs closed the allegations of Discourtesy and Negligence of Duty

against Officers Diaz and Amores as Inconclusive because there were no

independent witnesses to prove or disprove the allegation.

Recommendation:

CIP Staff recommends that the allegations of Discourtesy and Negligence of

Duty against Officers Diaz and Amores be closed as No Finding because the

Complainant is unavailable to clarify the complaint.

Staff recommends that Officer Amores be placed on the CIP's MONITORING

LIST as he has met the fixed threshold of three or more complaints within a year;

irrespective of findings.

Procedural History:






15-00452



the Complainant.


03/17/2015 A request was made for a copy of any/all records pertaining to

MPD cases 140311-071987 and 140530-157976.

03/17/2015 A request was made for copies of Fire Rescue documents

pertaining to Ms. Rose or Ms. Spivey on the date of incident.

03/18/2015 Fire Rescue reports for Ms. Spivey were received and reviewed.

Officer Amores was hired on 07/23/2012 and has had 4 citizen complaints and 5 use of

force incidents. He is currently on the CIP's MONITORING LIST. Officer Diaz was

hired on 07/23/2012 and has had 2 citizen complaints and 3 use of force incidents.

03/25/2015 Two Arrest Affidavits were received and reviewed.


listed in the IA Report and found it was not accepting calls at the time.

03/30/2015 An online search was conducted for current contact information

but no new information was located.

04/02/2015 Attempted to contact the Complainant by telephone and found it

was not a working number.

04/02/2015 Attempted to contact the Complainant at her home address. The

apartment was found to be vacant and we were advised by a neighbor she had

moved out a while ago.



recommendation.




Case: Precious Knights CIP#: 15-043 IA#: C14-176


Reginald Kinchen, 3633

Allixen Stevens II, 27239

Mario Dell Amico, 1465

Allegation(s):

Improper Procedure

Misconduct

Discourtesy



Ms. Knights stated Officer Stevens conducted a traffic stop and told her, "How

are you doing "Mrs. Goldie', I noticed the blonde hair so I had to follow and find

out who you were. You look attractively familiar." When Ms. Knights rejected

Officer Stevens' advances, he told her people usually find him attractive and he

was going to show her by issuing her a traffic citation. Ms. Knights advised that

Sergeants Dell Amico and Kinchen did not take her complaint when she told

them what occurred, and Sergeant Kinchen told her, "You do look nice" in

justification to the traffic stop.

Sergeant Kinchen separated from the Miami Police Department on 01/29/2015.

Telephone contact was made with the Complainant who advised she would

re-contact the CIP if she decided to further pursue her complaint.

Internal Affairs Cleared Officer Stevens of Misconduct (investigation showed officer

had probable cause to stop the vehicle), Cleared Sergeant Kinchen of Improper

Procedure and Discourtesy, and Cleared Sergeant Dell Amico of Improper

Procedure (based on statements made)

Recommendation:

CIP Staff recommends that the allegations of Misconduct against Officer Stevens

and Improper Procedure against Sergeant Dell Amico be closed as No Finding

because the Complainant is unavailable to clarify the complaint. We recommend

the allegations of Improper Procedure and Discourtesy against Sergeant Kinchen

be closed as No Finding because the officer is no longer employed by the City of

Miami.

Procedural History:

15-00453








the Complainant.


03/17/2015 IA advised that Reginald Kinchen separated from the MPD on

01/29/2015.

03/17/2015 Miami Dade Clerk of Court records show Ms. Knights was issued

a citation for Operating Vehicle Unsafe Condition (guilty).

Officer Stevens II was hired on 05/31/2005 and has had 2 citizen complaints. Officer Dell

Amico was hired on 10/15/1996 and has had 1 citizen complaint and 1 use of force

incidents.

03/30/2015 Telephone contact was made with Ms. Knights.



recommendation.




Case: Eddy Mejia CIP#: 15-035 IA#: 14-165


Unknown Officers

Allegation(s):

Missing Property

DOI: August 3, 2014


Mr. Mejia was arrested for Driving Under to Influence and alleged following his

arrest he was missing $477.00.

Mr. Mejia was arrested by MPD Officer Jorge Castillo (0941), and Officers Jorge

Sanchez (0842), Luis Rodriguez (7333), and Royland Alvarado Haber (7337)

assisted with the complainants arrest. The property intake receipt from Miami

Dade county corrections indicated that Mr. Mejia had $373.21 dollars at the time

he was booked into their facility.

Internal Affairs closed the allegation of Missing Property as Inconclusive because

officers involved in handling the money in this case denied taking or seeing any

other officer take the Complainants money and there are no independent

witnesses to prove or disprove the allegation.

Recommendation:

CIP Staff recommends that the allegation of Missing Property be closed as No


Procedural History:






the Complainant.

03/17/2015 Miami Dade Clerk of Court records show that Mr. Mejia was

arrested for Driving Under the Influence (guilty), Refusal to Submit to BAL Test

(guilty), Fail to Change Address/10 days (dismissed SAO), and Defective

15-00465



Equipment/Driver (dismissed SAO).

03/25/2015 The DUI package generated for Mr. Mejia's arrest was received

and reviewed.


identified on the IA Report.

03/30/2015 An online search revealed a possible telephone number for the

Complainant.

03/30/2015 A message was left for Mr. Mejia at the telephone number

identified in the online search.



recommendation.




Case: Wanda Brewton CIP#: 15-033 IA#: 14-133


Nathalie Lanau, 29100

Allegation(s):

Negligence of Duty

DOI: June 21, 2014


Officer Lanau was dispatched to 98 NE 71st Street to handle the recovery of a

bipolar 15-year old missing juvenile. Officer Lanau checked back into service

without completing a recovery report after making contact with the juvenile.

Internal Affairs Substantiated the allegation of Negligence of Duty against

Officer Lanau based on violation of the below listed Departmental Orders:

DO 1, Chapter 11, subsections:

11.6.13.12 Obeying and executing Orders of Superiors: Every member and

civilian employee of the Police Department is required to strictly obey and to

promptly and cheerfully executed the orders of superior officers. They shall

properly conduct themselves in a discharge of their duties and in their relations

with the public, members and civilian employees of the Department, and official

agencies in order to bring about the most effective performance of their duties as

required by the Police Department.

11.6.16.2 Responsibilities of members and Civilian Employees: Members

and civilian employees shall assume responsibility for their own acts. In no

instance shall they attempt to shift the burden of their responsibility for their

own acts. In no instance shall they attempt to shift the burden of their

responsibility for executing or neglecting to execute a lawful order, regulation, or

police duty.

11.6.17.9 Neglect or inattention to duty.

11.6.17.8 Insubordination or disrespect toward a superior officer.

11.6.28.3 Members and Civilian Employees to Conform: Members and civilian

employees shall be required to conform to and abide by the Rules and

Regulations, Departmental Orders and other directives of the Police Department,

the Ordinances of the City of Miami and the County of Dade, and the laws of

the State of Florida and United States of America.

DO 11, Chapter 1, subsections:

1.3.4 The primary officer assigned to a call for service or an officer who

self-initiates a call for service is responsible for the preliminary investigation of

that crime or incident. Under some circumstances, the primary officer's

preliminary investigation may constitute the entire infestation of the crime or

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incident as in the on-scene arrest of an offender. In most instances however, the

primary officer will be involved in the preliminary investigation only while the

responsibility for the follow-up investigation of the offense will reside with an

investigator from a specialized unit. In conducting preliminary investigations of

crimes, offenses, incidents, or conditions, the primary officer is responsible for

the following:

1. Observing all conditions and events in and around the crime or incident

scene.

2. Rendering aid to the injured.

3. Maintaining and protecting the crime scene and arranging for the

collection of evidence.

4. Interviewing the complainant, witnesses and suspects.

5. Obtaining suspect information and the issuance of a "B.O.L.O."

6. Locating and identifying all witnesses.

7. Notifying specialized units, e.g., Homicide, C.S.I., etc.

8. Preparing the appropriate reports.

9. Conducting an area canvas.

10. Apprehending and arresting criminal offenders.

Recommendation:



Procedural History:






the Complainant.


Officer Lanau was hired on 06/30/2008 and has had 3 citizen complaints and 1 use of force

incident.

03/30/2015 A message was left for the Complainant requesting she contact

the CIP.

04/14/2015 Attempted to contact the Complainant at the address noted in the

IA Report. The house appears vacant with a lockbox on the front door.

04/14/2015 An online search was conducted but no current contact

information was identified.





recommendation.




Case: Ismael Mendez CIP#: 15-047 IA#: 14-207S


Harold Geisse, 27985

Orestes Guas, 2594

Allegation(s):

Discourtesy

Missing Property

DOI: October 29, 2014


Mr. Mendez stated he was traveling westbound on NW 36th Street and NW

22nd Avenue when he was ordered by Officer Geisse who was directing traffic

to turn right. Blocks later the Complainant was stopped by Sergeant Guas who

asked for, and was provided with, his driver's license, registration and insurance.

Officer Geisse responded and got loud with Mr. Mendez threatening to arrest

him and ruin his life. Mr. Mendez was issued three (3) citations by Officer

Geisse and his vehicle registration was not returned.

Sergeant Guas advised Internal Affairs that he only received a driver's license

from Mr. Mendez. Officer Geisse stated he only received a driver's license from

Sergeant Guas and when he asked, Mr. Mendez could not provide his vehicle

registration. Officer Geisse denied being discourteous to the Complainant but

did acknowledge that he issued him three (3) citations.

Miami Dade Clerk of Court records do not show any citations issued to Mr.

Mendez on the date of incident.

Internal Affairs closed the allegations of Missing Property and Discourtesy as

Inconclusive because there were no independent witnesses to prove or disprove

the allegation.

Recommendation:

CIP Staff made contact with the Complainant who advised he did not want to

pursue his complaint further; therefore, we recommend the allegations of Missing

Property and Discourtesy be closed as No Finding.

Procedural History:



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the Complainant.


Officer Geisse was hired on 01/03/2007 and has had 4 citizen complaints, 1 relieved

reassigned and 3 use of force incidents. Sergeant Guas was hired on 03/22/2004 and has

had 2 citizen complaints and 4 use of force incidents.

04/10/2015 Telephone contact was made with Mr. Mendez who will

re-contact the CIP by 04/17/2015 if he is interested in pursuing his complaint.

04/14/2015 Mr. Mendez left a voice mail telephone message advising he did

not wish to pursue the complaint and for the CIP to close it without further

investigation.



recommendation.




Case: Antonette Frazier (direct file) CIP#: 14-081 IA#: Unknown


Stanley Paul-Noel, 40488

Allegation(s):

Discourtesy

Harassment

DOI: January 13, 2014


Ms. Frazier stated Officer Paul-Noel followed her and stopped her while she was

riding her bicycle for no apparent reason. Ms. Frazier alleged Officer Paul-Noel

used excessive force when he dragged her out of the police by her legs. The

Complainant believes there was no probable cause for her to be stopped,

followed, or arrested. Complainant alleged that officer used profane language

towards her and threatened to use his Taser.

The Internal Affairs case is still open.

CIP Staff made contact with Ms. Frazier at her home, who advised she does not

wish to pursue her complaint.

Recommendation:

CIP Staff recommends that the allegation of Discourtesy and Harassment be

closed as No Finding because the Complainant does not wish to pursue her

complaint any longer.

Staff recommends Officer Paul-Noel be added to the CIP's MONITORING

LIST as he has met the fixed threshold of 3 or more citizen complaints within a

year, irrespective of findings.

Procedural History:

02/14/2014 Ms. Frazier responded to the CIP office and provided Nikko

Evans with a CIP Complaint Form.

02/21/2015 Pursuant to Sec. 11.5-31 of the Civilian Investigative Panel (CIP)

Ordinance #12188, the Complaint was forwarded to George Wysong, City of

Miami Legal Advisor.

05/16/2014 Internal Affairs advised their case was still open.

06/10/2014 Internal Affairs advised their case was still open.

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07/08/2014 Internal Affairs advised their case remained open.

08/25/2014 The Internal Affairs case remains open.

10/06/2014 Internal Affairs advised their investigation remains open.

11/18/2014 Internal Affairs advised their case is open.

12/12/2014 Internal Affairs advised their case is open.

02/24/2015 Internal Affairs advised their case remains open.

04/03/2015 ED Beamud advised to proceed with investigation.

Officer Paul-Noel was hired on 10/24/2011 and has had 9 citizen complaints and 8 use of

force incidents.

04/06/2015 Telephone contact was made with a female who advised she

would have the Complainant contact the CIP.

04/06/2015 A notification letter was emailed to the Principal Officer.

04/06/2015 Miami Dade Clerk of Court records show that Ms. Frazier was

arrested for Disorderly Conduct (nolle prossed) and Resisting Officer without

Violence (convicted/cts/fine/cost).

04/15/2015 contact was made with Ms. Frazier at her home, and she advised

she does not wish to pursue her complaint any further.

04/15/2015 Invitation to testify was emailed to the Principal Officer.



recommendation.


City of Miamiegov.ci.miami.fl.us/meetings/2015/5/2888_A...Meeting Agenda Tuesday, May 19, 2015 5:30...

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