City of Miamiegov.ci.miami.fl.us/meetings/2009/8/1888_M_Civilian...Tuesday, August 18, 2009 5:30 PM...

Tuesday, August 18, 2009

5:30 PM

Meeting Minutes

City of Miami

City Hall

3500 Pan American Drive

Miami, FL 33133

www.miamigov.com

Regular Meeting

City Hall Chambers

Civilian Investigative Panel

Thomas Rebull, Chairperson

Thomas Cobitz, Vice Chair

Susan Weintraub, Secretary

Fred St. Amand, Treasurer

Michelle Delancy, Rudy de la Guardia, Raymond Hart

Janet McAliley, Bess McElroy, Timothy Moore

Brenda Shapiro

Meeting Minutes August 18, 2009Civilian Investigative Panel

PLEDGE

Chairperson Rebull greeted attendees and called the meeting to order.

ROLL CALL

Present: Member Shapiro, Treasurer St. Amand, Member McAliley, Chair Rebull, Member

McElroy , Member Moore, Vice Chair Cobitz, Member Delancy and Member Hart

Absent: Member de la Guardia and Secretary Weintraub

Vacant: Member **Vacancy

Roll call was conducted by Ms. Abia.

APPROVING THE MINUTES OF THE JULY 15, 2009 SPECIAL MEETING

Motion by Member Shapiro, seconded by Vice Chair Cobitz, to APPROVED PASSED by the

following vote.

Votes: Aye: Hart, Delancy, Vice Chair Cobitz, Chair Rebull, St. Amand, Shapiro, McElroy , Moore and

McAliley

Absent: Weintraub and de la Guardia

Vacant: **Vacancy

Motion: To approve the Minutes of the July 15, 2009 Special Meeting. Moved by Ms. Shapiro

and Seconded by Mr. Cobitz. Motion carried.

APPROVING THE MINUTES OF THE JULY 23, 2009 MEETING

Motion by Member Delancy, seconded by Vice Chair Cobitz, to APPROVED PASSED by the

following vote.


McAliley


Vacant: **Vacancy

Motion: To approve the Minutes of the July 23, 2009 meeting. Moved by Ms. Delancy and

Seconded by Mr. Cobitz.

APPROVING THE AGENDA OF THE AUGUST 18, 2009 MEETING

Motion by Vice Chair Cobitz, seconded by Member Shapiro, to APPROVED PASSED by the

following vote.


McAliley


Vacant: **Vacancy

Motion: To approve the Agenda of the August 18, 2009 meeting. Moved by Mr. Cobitz and

Seconded by Ms. Shapiro. Motion carried.

PUBLIC FORUM I (Testimony or Presentations for any properly noticed case or matter may be

taken out of turn and heard at this time.)

No Speakers.

Wensdaille Barr (Complainant)

CHAIRPERSON'S REPORT

City of Miami Printed on 9/29/2009


Mr. Rebull informed that there was not much additional information to report on the budget,

however, he asked for the Panel's support during this budget process. He encouraged members

to contact Commissioners to seek their support on the CIP budget proposal. Members were also

encouraged to attend the Budget Hearings scheduled for September 10th and 24th.

INDEPENDENT COUNSEL'S REPORT

Independent Counsel informed the Panel that the Orange County Commission had refused to

authorize the Orange County Attorney to appeal Demings v. Orange County Citizens Review

Board to the Florida Supreme Court based on conflict with the Third District Court of Appeal in

Timoney v. City of Miami Civilian Investigative Panel. He also reported that the Fifth District

Court of Appeal had denied the County's motion for re-hearing, motion for re-hearing en banc,

and motion for clarification. Independent Counsel noted that in a telephone conference he had

with the Orange County Attorney, the latter will attempt to adopt new legislation to provide

civilian oversight.

The Panel was also updated on the Key West litigation, and advised that a motion to dismiss is

scheduled in November of this year.

Independent Counsel reported that the CIP's and the City of Miami's respective motion to

intervene in the FOP v. City of Miami, and the D'Agostino cases had been granted. He observed

that the litigation should be short-lived because the issues presented are essentially legal rather

than factual disputes and, based upon the decision in Timoney v. City of Miami Civilian

Investigative Panel, should conclude favorably for the CIP and the City of Miami.

BUDGET UPDATE

Please see item B.

COMMITTEE REPORTS

Policies & Procedures

Mr. Cobitz reported that there were no Departmental Order revisions forwarded last month and

there was no meeting of the Committee. However, staff is involved in the following:

· A review of all recommendations made to date, in consideration of resubmission and to update

the website;

· A review of the recently completed FDLE report on crime statistics for any possible policy

issues;

· K-9 issues during the last five years, for future discussions on the topic.

In response to a question from Mr. Hart concerning the use of dash cameras, Panel members

were reminded that the Panel's initial recommendation to the MPD for use of the cameras had

been re-submitted along with a request for the information that led the MPD to conclude that the

cameras were not affordable.

Personnel

Mr. Moore advised that the search for an Executive Director began July 23, 2009. He further

indicated that Staff had received thirty-six (36) expressions of interest to date, with eleven (11)

completed applications. The other twenty-five (25) prospective applicants have been advised as

to the application procedures. Mr. Moore further advised that only three (3) applicants are from

the City of Miami, twenty-three (23) from Florida, nine (9) from other states and one (1) from

Canada. He also communicated that he needed to convene a Committee meeting in order to

review the selection process and to determine a deadline for submitting applications. Finally,

Committee members were surveyed and a Personnel Committee meeting was set for Wednesday,



August 26, 2009 at 12 noon in the CIP conference room.

CASE MANAGEMENT

Mr. Wolf reported that fourteen (14) cases were being presented. Initially there were fifteen (15)

cases however the Paul Turner case (CIP# 09-163), which was heard by the Complaints

Committee, was deferred so that the principal officer could be noticed. He further stated that a

total of three-hundred one (301) cases were Closed, two-hundred twelve (212) Opened to date,

fifty-one (51) of which were Direct Files.

Motion to Close the Following Cases as No Finding with the exception of F5; F5 (Kesner

Louis-Jean), to close as Not Sustained. Motion moved by Ms. Shapiro and Seconded by Mr.

Cobitz.

F.3 Complainant: Walter Chandia; Principal Officer: Roberto Mallon, (CIP# 09-184, IA #08-

297)

F.4 Complainant: Norman Brooks; Principal Officer: Garret Wing, (CIP #09-027, IA #05-185)

F.5 Complainant: Kesner Louis-Jean; Principal Officer: Blake Weinger, (CIP #09-149, IA #09-

152); Not Sustained. Motion moved by Mr. Cobitz and Seconded by Ms. Delancy.

F.6 Complainant: Giraldo Linares; Principal Officer: Wilfredo Abscal, (CIP #09-088, IA #08-

245)

F.7 Complainant: Anderson Sterling; Principal Officers: Lazaro Alvarez, (CIP #09-157, IA # 09

-029)

F.8 Complainant: Joseph Maya; Principal Officer: Yoslan Marrero, (CIP #09-187, IA #09-095)

F.9 Complainant: Anthonette Nelson; Principal Officer: Unknown, (CIP #09-164, IA #08-117)

F.10 Complainant: Reid Welch; Principal Officer: William Gonzalez; Eduardo Perez; Ofren

Vera, (CIP #09-117, IA #08-407s)

F.11 Complainant: Stanley E. Fulton; Principal Officer: Maximiliano Valdes, (CIP #09-110,

IA #09-047)

F.12 Complainant: Eugenio Mendez; Principal Officer: Commander Jose Alfonso; Yoslan

Marrero, (CIP #09-086, IA #08-395)

F.13 Complainant: Richardson Dalce; Principal Officer: Lazaro Alvarez, (CIP #09-112, IA

#09-017)

F.14 Complainant: Elizabeth Stephens; Principal Officer: Brandon Lanier, (CIP #09-165, IA

#09-034)

09-00840F.1 DISCUSSION ITEM

Case: Michael Thomas Lenton CIP#: 09-079 IA#: C09-082

Involved Officer(s):

Juan Ortega-#28414

Daniel Pastor-#28521



Allegation(s):

Abusive Treatment

Improper Procedure

Investigator: Shewanda Y. Hall

DOI: February 28, 2009

Michael Lenton alleged he was physically assaulted by Officer Juan Ortega on February

28th 2009 without cause. According to Mr. Lenton, he was accompanied by his friend

Michael Baugh, whose residence they were standing in front of when approached by

Officer Darien Pastor in the 1300 block of NW 35th Street. Officer Pastor immediately

exited his vehicle and instructed Mr. Lenton and Mr. Baugh to "put their hands in the

air." Officer Pastor ultimately informed Mr. Lenton that he observed him driving

carelessly several blocks away and that is why he approached him. After Mr. Lenton

was questioned and searched, he disclosed that he had a firearm on his person and a

permit to carry in his vehicle. Officer Pastor ordered Mr. Lenton to the ground and

handcuffed him. According to Mr. Lenton, moments after his disclosure regarding the

firearm, multiple squad cars appeared on the scene and Officer Juan Ortega instantly

approached him and without speaking a word, struck him in the face twice with a police

radio while he was still handcuffed. Officer Pastor, who initially stopped Mr. Lenton

was not identified as the offending officer by the complainant. Mr. Lenton stated the

officers "clipped" him and ultimately slammed him to the ground, resulting in a bruise

to his right knee. Mr. Lenton was charged with Reckless Driving and Resisting Arrest

without Violence. The criminal case (#M09011685) is pending. Internal Affairs

dispositioned the case as Substantiated regarding the allegation of Improper Procedure

concerning Officer Darien Pastor for failure to notify appropriate personnel verbally

and in writing regarding the force used to complete Mr. Lenton's arrest (MPD Case

#090228060977) and Inconclusive regarding the allegation of Abusive Treatment

regarding Officer Juan Ortega.

Recommendation(s):

Close as Sustained regarding the allegation of Improper Procedure as it pertains to

Officer Darien Pastor based his failure to adhere to Departmental Order 1, Chapter

11 §11.6.5.4 Report To Be Made on Any Force Used: which stipulates whenever it is

necessary to use any unusual physical force or other means, the member shall report

this, as soon as possible, to a supervisor and submit a written report to the Chief of

Police, through channels, relating all circumstances together with the arrest report on

the case. Should the member have to use physical force or other means to overcome

actual physical resistance, the member will, on approval of a commanding officer, also

charge the subject with the appropriate charges. Officer Pastor documented in the

arrest affidavit that more than normal force was used to detain Mr. Lenton and that he

observed multiple injuries to the complainant following the arrest however; he failed to

summons medical assistance, notify his supervisor or generate the required

documentation regarding the force used to effectuate Mr. Lenton's arrest.

A recommendation of Not Sustained is recommended regarding the allegation of



Abusive Treatment regarding Officer Juan Ortega based on the insufficiency of the

evidence to substantiate or refute the allegation. Several key witnesses who observed

the entire interaction between Mr. Lenton and the MPD declined to interview with the

CIP or Internal Affairs. Additionally, Mr. Lenton was not seen or treated at Ward "D"

at the Miami-Dade County Jail nor did he obtain alternative medical treatment

immediately following his release.

Procedural History:

03-03-09 CIP receives Direct File Complaint.

03-26-09 Telephonic contact was initiated with witness Michael Baugh, who

declined to interview with the CIP (see investigative report for details).

03-26-09 Attempted telephonic contact was initiated witness, Antonio

Edwards (brother of the complainant) however, the telephone number was

inoperable (see investigative report for details).

03-26-09 Subsequent telephonic contact was initiated with the complainant,

Michael Lenton regarding the unavailability of the witnesses.

03-26-09 The CAD Reports were obtained from the Miami Police Department

indicating the identity of the responding officers to the scene in question.

03-26-09 An on-line database search was conducted regarding the complainant

(listed address confirmed).

03-31-09 A public information request was submitted to the MPD requesting

the Concise Officer History of the principal officers.

03-31-09 A request for contact letter was forwarded to witness Antonio

Edwards via U. S. Mail.

04-02-09 The residence Antonio Edwards was visited with negative results.

04-13-09 The MPD Personnel Department provided the Concise Officer

History regarding the principal officers.

05-07-09 The Internal Affairs file was requested.

07-17-09 Information was received from the Miami-Dade County Jail which

indicating Mr. Lenton did not receive treatment from Ward "D" on February 28th

2009.

07-17-09 The Internal Affairs file was received and reviewed by the CIP.

07-17-09 The CIP obtained the February 28, 2009 booking video regarding



Michael Lenton which clearly depicts vestiges of facial injury (conspicuous

swelling).

07-20-09 Submitted for Closure with Investigator's recommendation of

Sustained regarding the allegation of Improper Procedure regarding Officer

Darien Pastor and Inconclusive regarding the allegation of Abusive Treatment

regarding Officer Juan Ortega.

07-20-09 Chief Investigator's Concurrence.

07-20-09 Independent Counsel's Concurrence.

08-07-09 The case was presented to the Investigative Sub-Committe and the

aforementioned findings were accepted (Sustained regarding the allegation of

Improper Procedure regarding Officer Darien Pastor and Not Sustained regarding

the allegation of Abusive Treatment regarding Officer Juan Ortega).

08-18-09 The case was presented before the full Panel and the Complaints

Committee recommendation of Sustained regarding the allegation of Improper

Procedure regarding Officer Darien Pastor and Not Sustained regarding the

allegation of Abusive Treatment regarding Officer Juan Ortega was accepted.

Motion by Member Delancy, seconded by Vice Chair Cobitz, that this matter be CLOSED

AS NOT SUSTAINED PASSED by the following vote.


McAliley


Vacant: **Vacancy

Motion: Complainant: Michael Thomas Lenton; Principal Officers: Juan Ortega; Daniel Pastor

(CIP #09-079, IA #09-082): To Close as Sustained on the allegation of Improper Procedure

against Officer Pastor. Close as Not Sustained on the allegation of Abusive Treatment against

Officer Juan Ortega.

Discussion: Ms. McAliley stated that Mr. Lenton's complaint alleges that he was punched in the

face by an officer. The Committee recommended a Not Sustained finding as to Abusive

Treatment but Sustained as to the allegation of Improper Procedure based on the Officer

Pastor's failure to report the use of physical force. Ms. McAliley added that Officer Pastor was

cited by the MPD for not reporting the injury.

Motion moved by Ms. Delancy and Seconded by Mr. Cobitz. Motion carried


Case: Wensdaille Nelson Barr CIP # 09-070 IA #08-307


Raymond Gonzalez #2451

Investigator: L. Cabanillas



DOI: March 13, 2007

Allegation(s):

Misconduct

Ms. Wensdaile Nelson Barr alleges the following: She stated that on 3/13/07 she

had gone on a date with an individual known to her only as "J.P.". She stated

that they went to a nightclub which was unknown to her. After approximately an

hour, they left the club and her date began to drive her home via a route she did

not recognize. They became involved in a physical argument, and she exited the

car. She did not know where she was, and approximately 5 minutes later she

observed a police car which she flagged down. The Officer in the passenger side

was assisting her and the driver, she believes, was running a computer check on

her ID. According to Ms. Nelson Barr, the driver Officer had just handed back

her license and told her she could go, when a an order came over the radio

indicating that anyone they had picked up they must arrest and charge with

prostitution. The Officer told her to turn around and informed her that she was

being charged with prostitution / loitering and prowling. Ms. Nelson Barr

alleges misconduct by Officer Raymond Gonzalez because she claims that the

information contained in the Incident Report is untrue. (It states that she was

observed (by Officer Gonzalez) pacing back and forth flagging down motorists,

leaving the area, and returning a short time later. It also states that she has been

arrested several times for prostitution. The Incident report was written by

Officer Raul Delgado) Ms. Nelson Barr denied that she attempted to stop any

cars and that she had any criminal history for prostitution; she also claimed she

was not given Miranda warnings, but was asked to give the name of her pimp.

Internal Affairs returned a finding of Inconclusive on the allegation of

Misconduct.

Recommendation(s):

Close case as Not Sustained on Misconduct. The Complainant failed to

produce, and the investigation failed to disclose, information or sufficient facts to

sustain the allegation against Officer Raymond Gonzalez. The testimony by Ms.

Nelson Barr together with a review of the Internal Affairs Summary Report

reveals that there is nothing which indicates that Officer Gonzalez intentionally

reported false information, and no negligence is attached to Officer Delgado's

reliance upon unknown Officers for the information included in the Incident

Report.

Procedural History:

02-20-09 CIP Received Internal Affairs Summary

03-03-09 10-day letter sent



04-23-09 CIP Opened

05-13-09 Interview with Complainant, request for more information

06-29-09 Left message regarding request for more information

06-29-09 Notice sent to Officer

07-27-09 Investigator's recommendation of No Finding

07-31-09 Chief Investigator's Concurrence

07-31-09 Independent Counsel's Concurrence

08-07-09 Presented to Complaint Committee. Staff recommendation was

approved.

Motion by Member Shapiro, seconded by Vice Chair Cobitz, that this matter be CLOSED AS

NOT SUSTAINED PASSED by the following vote.


McAliley


Vacant: **Vacancy

Motion: Complainant: Wensdaille Nelson Barr; Principal Officers: Raymond Gonzalez (CIP

#09-070, IA #08-307): To Close as Not Sustained on the allegation of Misconduct against

Officer Raymond Gonzalez. Motion moved by Ms. Shapiro and Seconded by Mr. Cobitz. Motion

carried.


Case: Walter Chandia CIP # 09-184 IA #08-297


Roberto Mallon #27510


DOI: September 15, 2008

Allegation(s):

Abusive Treatment

Mr. Walter Chandia alleged that on September 15, 2008 while he and his brother, Eved,

were returning from 871 N.W. 2nd Street, the home of the brother's girlfriend, they

were detained by City of Miami Police Officers. (Mr. Chandia stated that while at his

brother's girlfriend's house, he had consumed approximately 18 beers.) The police

proceeded to arrest his brother for battery upon the girlfriend, Selina Sandiago. The

Complainant alleged that when he intervened, Officers began to hit and kick him and

then one Officer grabbed him by the throat and told him he would kill him and throw



him in a lake. Mr. Chandia was arrested for Battery upon a Police Officer, Resisting

with Violence and Resisting without violence. Mr. Chandia was convicted on the first

two charges on 7/7/2009. Internal Affairs returned a finding of Inconclusive on the

allegation of Abusive treatment. After several failed attempts to contact Mr. Chandia,

CIP Investigator Luis Cabanillas located him at 734 S.W. 4th Street. In a face to face

interview, Mr. Chandia stated that he did not wish to pursue his complaint.

Recommendation(s):

Close case as No Finding on Abusive Treatment, on the basis that the complainant

withdrew his complaint.

Procedural History:


05-10-09 Case Assigned, Further Investigation


07-27-09 Investigator's recommendation of Not Sustained




approved.


NO FINDING PASSED by the following vote.


McAliley


Vacant: **Vacancy


Case: Norman Brooks CIP # 09-027 IA #05-185


Garret Wing #07740


DOI: August 26, 2004

Allegation(s):

Abusive Treatment



This was a complaint based upon an Internal Affairs investigation received on

December 22, 2008. The Date of Incident was August 26, 2004. Mr. Norman Brooks,

a juvenile, alleged that on that date, he and his brother, Ernesto Brooks, went to a

barbecue party at 1771 N.W. 19 Terrace. According to the Complainant, upon their

arrival some friends informed him that there had been a fight earlier, but that the

involved parties had already left. The Complainant alleged that while standing in front

of the location several police cars arrived. He stated that Officer Wing walked up to

him, asked if he lived there, then put him in a headlock. Mr. Brooks alleged further that

Officer Wing dragged him, punched him in the mouth, threw him to the ground, and

handcuffed him. When his brother attempted to talk to the Officer, he was also

arrested.

Officer Wing testified that upon his arrival at the scene, he observed approximately 30

people yelling and arguing; and it appeared that a fight had just ended. He addressed a

group of people, which included Mr. Brooks, and told them that if they did not live

there, they should leave. Mr. Brooks refused, with some obscenities, and a fight

erupted again. Officer Wing stated that he grabbed Mr. Brooks by the shirt, while

ducking and covering his own head to avoid the fight, and pulled Mr. Brooks toward

him as he backed away. Officer Wing stated that Mr. Brooks was uncooperative when

ordered to exit the crowd and when ordered to go down to the ground in order to effect

the arrest. Officer Wing stated that two other Officers (whom he did not remember)

took over the arrest of Mr. Brooks, and that he (Officer Wing) redirected his attention

to the crowd.

Internal Affairs returned a finding of Cleared. During the course of its investigation,

Internal Affairs interviewed 15 persons and conducted a canvass of the neighborhood in

an attempt to locate more witnesses. None of the witnesses observed Officer Wing

punch the Complainant. Significantly, Mr. Richard Maitland, Mr. Brooks' cousin,

testified that he observed the entire arrest, but did not see Officer Wing drag or punch

Mr. Brooks. A review of recorded statements revealed that they were consistent with

their description contained in the Internal Affairs Summary Report.

It is recommended that this investigation should be closed as a Summary Disposition,

No Finding. Based upon the forgoing, it is unlikely that the CIP would reach a different

conclusion than from Internal Affairs.

Recommendation(s):

Close case as No Finding on Abusive treatment. Based upon the forgoing, it is

unlikely that the CIP would reach a different conclusion than from Internal Affairs.

Procedural History:


12-26-08 Case In Review

05-06-09 Public Records request to view file







approved.




McAliley


Vacant: **Vacancy


Case: Kesner Louis-Jean CIP # 09-149 IA #09-152


Blake Weinger #28104


DOI: March 28, 2009

Allegation(s):

Abusive Treatment

Mr. Louis Jean alleged that on Saturday, 3/27/09, close to midnight, he drove a

rental car to a gathering on a street corner where he stated that Haitian people

congregate and he picked up a woman named Marsha. (He claimed that he did

know her last name.) He stated that she asked him to take her to a place where

drugs are sold, and that he refused to take her. He stated that she then put a gun

to his head, robbed him of $1,000.00 and his cell phone, and took the car. He

stated also, that by happenstance this occurred outside of a bar (Churchill's,

located at 5500 N.E 2nd Avenue), and that a bouncer (later identified as Shawn

Featherson) called the police. Officer Blake Weinger responded to the scene

and, according to Mr. Louis-Jean, would not at first take the complaint because

Mr. Louis-Jean did not know the tag number of the car. Mr. Louis-Jean stated

that eventually, the Officer took him to where he (Mr. Louis-Jean) believed the

woman would be. Mr. Louis-Jean stated that when he confronted the woman,

the Officer threw him to the ground and kicked him in the belly and arrested him.

(Note: Mr. Louis-Jean is obviously disabled, and appears to be partially

paralyzed on the left side. He also has a pre-existing injury on his stomach, a

large protrusion which he describes as a hematoma from multiple gunshot



wounds.)

Mr. Louis-Jean, besides focusing on the alleged abusive treatment during his

arrest, also complained that he could not get anyone at the Robbery Division to

take his complaint about the car hijacking and the money being stolen, and he

stated that Dispatch refused to send an officer, when he called days-later, to

request that they interview the bouncer.

Internal Affairs returned a finding of Inconclusive on the allegation of Abusive

Treatment.

Recommendation(s):

Close case as Not Sustained on Abusive treatment. The Complainant failed to

produce, and the investigation failed to disclose, information or sufficient facts to

sustain the allegation. Mr. Louis-Jean's version of the facts is contradicted by the

testimony of the 911 caller, Mr. Featherson, who stated that Mr. Louis-Jean first

approached him to say his car had broken down. No independent witness is

available to prove or disprove the alleged Abusive Treatment.

Procedural History:

04-08-09 Interview with Complainant

04-26-09 CIP received Direct File Complaint


04-29-09 Case Assigned, In Review


07-27-09 Investigator's recommendation of Not Sustained




approved.

Motion by Vice Chair Cobitz, seconded by Member Delancy, that this matter be CLOSED

AS NOT SUSTAINED PASSED by the following vote.


McAliley


Vacant: **Vacancy



Complainant: Kesner Louis-Jean; Principal Officer: Blake Weinger, (CIP #09-149, IA #09-152);

Not Sustained. Motion moved by Mr. Cobitz and Seconded by Ms. Delancy.


Case: Giraldo Linares CIP # 09-088 IA #08-245


Wilfredo Abscal #4019


DOI: June 22, 2008 (and other unknown dates)

Allegation(s):

Harassment

This was a complaint based upon an Internal Affairs investigation received on

March 11, 2009. Officer Giraldo Linares is the Complainant; Sergeant Wilfredo

Abscal is the accused Officer. The Complainant, Officer Linares, stated that he

is going through a divorce. According to Officer Linares, his wife is another

City of Miami Police Officer, and she is dating Sergeant Abscal. In his original

complaint to Internal Affairs, Officer Linares alleged that Sergeant Abscal has

harassed him by following him and has used his position as a sergeant to

intimidate him. In his interview with the CIP Officer Linares alleged the

following: 1) Sergeant Abscal has made false allegations against him stating that

he (Officer Linares) failed to take signals while working overtime. 2) Sergeant

Abscal has used his influence creating heightened scrutiny in the workplace

(specifically, he caused unnecessary "house checks" to be conducted in relation

to his (the Complainant's) duties as a Canine Officer. And, 3) Sergeant Abscal

has followed him in a City of Miami issued rental vehicle, taken pictures, and

made false allegations that the Complainant has misused his police vehicle on

personal time. Officer Linares also believes that Sergeant Abscal is behind his

(Officer Linares') forced resignation from SWAT.

Internal Affairs investigated the allegation by Officer Linares that Sergeant

Abscal used a City of Miami issued rental vehicle to follow and intimidate him,

and returned a finding of Inconclusive.

On 5/2/09 Officer Linares met with CIP Investigator Luis Cabanillas and Chief

Investigator Steven Wolf and withdrew his complaint. It is therefore

recommended that this investigation should be closed as a Summary Disposition,

No Finding.

Recommendation(s):

Close case as No Finding on Harassment. The Complainant withdrew his



complaint.

Procedural History:


03-27-09 Interview with Complainant

04-30-09 Discontinuance Letter sent

05-02-09 Complainant verbally withdrew complaint





approved.




McAliley


Vacant: **Vacancy


Case: Anderson Sterling CIP#:09-157 IA#: 09-029


Lazaro Alvarez #0134

Allegation(s):

Discourtesy

Improper Procedure

Abusive Treatment

DOI: 12/23/08

The Complainant, Mr. Sterling, stated that while watching the news at Joseph

Sypre's apartment, the police came in and had them lay on the floor. Mr. Sterling

said that when the police arrived the door was not locked and he was

rollerblading back and forth in the living room; Mr. Sypre was sitting on the

couch. Mr. Sterling stated that when the officers came in they did not identify



themselves as police officers and were wearing white T-shirts with the word

"police" on them. Mr. Sterling stated that while he was lying on the floor, Officer

Alvarez and the other officers searched the apartment. Mr. Sterling stated that

Officer Alvarez kicked him on the side and face about ten (10) times, while

asking him if he had called him "stupid." Mr. Sterling stated that after being

placed in the police vehicle, Officer Alvarez drove around for several hours

before taking him to the police station and then to jail. Mr. Sypre essentially gave

corroborating testimony to Internal Affairs.

Officer Noel stated that on December 23, 2008, the Problem Solving Team was

conducting a sweep of areas known for narcotics sales. Officer Noel stated that

the team did respond to 36 NE 65 Street but she remained outside. Officer Noel

stated that the prisoners were transported to a couple of other locations afterward

and were subsequently transported to the Dade County Jail.

Officer Ashton stated that on December 23, 2008, he responded to 36 N.E. 65

Street to address a narcotics complaint. Officer Ashton stated that the building is

known for narcotics sales. Officer Ashton further stated that he did not recall

observing Officer Alvarez strike anyone and did not hear any conversation

between the complainant and Officer Alvarez.

Officer Williams stated that on December 23, 2008, his team was addressing

several narcotics complaints within the Little Haiti N.E.T. area. Officer Williams

stated that the building at 36 N.E. 65 Street is a known "drug hole" and that they

often have people run from them into the apartments. Officer Williams stated

that if they did enter an apartment it would have been in fresh pursuit. Officer

Williams stated that he did not recall seeing Officer Alvarez strike anyone on

December 23, 2008.

Officer Louis stated that he recalled responding to 36 N.E. 65 Street. Officer

Louis did not recall why the complainant was arrested on December 23, 2008.

Officer Louis stated that what he recalled about the Complainant was that he did

a great deal of crying in the police car. Officer Louis stated that he did not recall

seeing Officer Alvarez strike the complainant at any time inside or outside of the

apartment. Officer Louis further stated that the he did not observe any injuries on

the complainant and the complainant never complained to him or any other

officer. Officer Louis also stated that the complainant was transported to the

Miami Dade County Jail and never voiced a desire to speak to a supervisor and

he never complained of any type of injury.

Officer Alvarez stated that on December 23, 2008, he and his team went to 36

NE 65 Street to address a narcotics problem. Officer Alvarez stated that this

location is known for high narcotic sales and weapons violations. Officer

Alvarez stated that on this date, he was attempting to locate a narcotics offender

and was knocking on a door of one of the apartments. Officer Alvarez stated that

when he looked to his left, he observed a male knocking on the door to apartment



#3. He stated that as he moved closer, he observed the door open and a hand to

hand transaction occurred. Officer Alvarez stated that as he tried to sneak up to

make the apprehension, the complainant came out of another apartment and

began shouting "Why are you cops always fucking around here," thus alerting the

other two subjects to his presence. Officer Alvarez stated that the first subject he

had observed knocking on the door and the complainant went quickly into

apartment #1. Officer Alvarez stated that while in fresh pursuit, he reached for

the door knob of apartment #1 and as he opened the door, he was met at the door

by the complainant who was very vocal and defiant. Officer Alvarez stated that

he ordered the complainant to the floor but he did not comply with verbal

commands. Officer Alvarez stated that he then physically directed the

complainant to the ground and handcuffed him as the rest of the team moved in

to secure another male who was in the living room and searched for the fleeing

buyer.

Officer Alvarez stated that throughout the entire incident the complainant was

very vocal, but he did not engage him in conversation. Officer Alvarez stated that

the only communication he had with the complainant was to tell him "shut up,

you're under arrest." Officer Alvarez denied striking the complainant in any form

and further stated that the complainant never complained of any injury to him or

any police personnel on the scene.

Officer Alvarez stated that after they cleared form that location, they proceeded

to other locations and made other narcotics arrests and around 1900 hours, as

they normally do, headed back to the North Sub-station where the prisoners were

secured in the holding cells while they did the paperwork and later transported

them to the Miami Dade County Jail. Internal Affairs investigated the matter and

rendered a finding of Cleared on the allegation of Discourtesy; Inconclusive on

the allegation of Improper Procedure, and Inconclusive on the allegation of

Abusive Treatment.

Recommendation(s):

Close as No Finding on all three allegation. Despite several contacts with the

Complainant, including a home visit, the Complainant showed no interest in

pursuing the investigation.

Procedural History:

05-01-09 CIP receives Internal Affairs Summary.

05-11-09 10-Day Letter sent to Complainant. Letter was not returned.

05-11-09 Phone contact attempted with Complainant. Voice mail left.




06-11-09 On-Line data base research conducted under name and identifiers of

Complainant. No additional information found.

06-11-09 Home Visit to Complainant's last known address. Complaint's

mother was contacted. She indicated that the 10-day letters were received and the

Complainant tried to call but there was never any answer at the CIP. While

speaking with Complainant's mother, the Complainant arrived. He indicated that

he was afraid of Miami Police and did not wish to pursue this matter. He was

asked to give the matter some thought and contact the CIP if he changed his

mind.

07-15-09 Voice mail left for the Complainant to determine if he wanted the

case pursued. No return call received.

07-27-09 Discontinuance Form sent to Complainant.

07-27-09 Case submitted for Closure with Chief Investigator's

recommendation of No Finding.


08-07-09 Presented to Complaint Committee. Staff recommendations were

approved




McAliley


Vacant: **Vacancy

Complainant: Anderson Sterling; Principal Officers: Lazaro Alvarez, (CIP #09-157, IA #

09-029)

Discussion: Ms. McAliley commented as to the oddity that all three witness officers, Ashton,

Williams and Luis testified that they did not recall Officer Alvarez strike anyone. Mr. Wolf added

that the complainant, Mr. Sterling, did not wish to pursue the case.


Case: Joseph Maya CIP#:09-187 IA#: 09-095


Yoslan Marrero #27366

Allegation(s):

Misconduct



DOI: 03/14/09

Mr. Joseph Maya is the manager of the La Bodegita del Medico Restaurant. He

alleged that Officer Marrero worked off-duty details for the restaurant and that

three days prior to the officer's scheduled detail time he had called the Officer to

cancel the detail as business was slow. He claims that after reaching Officer

Marrero and a second detail officer, they advised him that he would have to pay

them for a minimum of two hours to cancel the job. Although Mr. Maya disputed

making the payment he capitulated and paid them over $100.00. At that time he

informed them that their services were no longer needed. Mr. Maya said that

Officer Marrero showed up, off-duty, to the establishment on another day shortly

thereafter and became verbally abusive, disruptive and has threatened to ruin him

and his establishment. He said that during the period of time that Officer Marrero

was working at his establishment, the Officer would frequent the restaurant while

off-duty, would get intoxicated and then start problems. Additionally, he said

that Officer Marrero would ask the bartenders for drinks and churrasco steaks

and would not pay for them. The complaint was reviewed by Internal Affairs and

closed as Information Only as the Complainant did not make himself available

to further the investigation.

Recommendation(s):

Close as No Finding. The Complainant did not make himself available to the

CIP to further the investigation. The CIP made several attempts to contact the

Complainant including US Mail, telephone, and on-line data base research to no

avail. Neither of the 10-Day Letters was returned to the CIP.

Procedural History:


05-14-09 10-Day Letter sent to Complainant. Letter was not returned.


06-10-09 Phone contact attempted with Witness, Maria Cruz. Male answered

the phone and hung up.

06-10-09 Phone contact to the La Bodegita del Medico Restaurant. Left voice

mail with hostess for Mr. Maya or witness, Maria Cruz, to call the CIP. She

confirmed that both work there.


Complainant. Address found to be the same as in Internal Affairs report.

06-18-09 Phone contact to the La Bodegita del Medico Restaurant. Left voice



mail with hostess for Mr. Maya or witness, Maria Cruz, to call the CIP.

06-19-09 Second 10-Day Letter sent to Complainant at the La Bodegita del

Medico Restaurant. Letter was not returned.





approved




McAliley


Vacant: **Vacancy

Complainant: Joseph Maya; Principal Officer: Yoslan Marrero, (CIP #09-187, IA #09-095)

Discussion: Ms. McAliley advised that Mr. Maya owns a small restaurant and had been

employing off-duty officers for security purposes. As his business declined, he was unable to

afford the officers. She added the complainant alleged he has been subjected to verbal abuse by

the officers as a result of his business decision to discontinue the use of off-duty officers. Ms.

McAliley indicated that Mr. Maya did not wish for the CIP to continue to investigate his

complaint.


Case: Anthonette Nelson CIP#:09-164 IA#: 08-117


Unknown

Allegation(s):

Missing Property

Damaged Property

DOI: 04/24/08

Ms. Nelson stated that she arrived home around 4:16 pm and found that her front

apartment door had been opened and damaged. She said that both bedrooms had

been ransacked and a laptop computer was missing. She was later advised by a

neighbor that police were observed at her apartment door. The neighbor made

contact with the police asking if they had a warrant and reportedly used a cellular

phone to video record the officers at Ms. Nelson's apartment door. The complaint

was reviewed by Internal Affairs and closed as Information Only as the



Complainant did not make herself available to further the investigation. The

incident in question was never verified as happening and the principal officers

were never identified.

Recommendation(s):

Close as No Finding. The Complainant did not make herself available to further

the investigation. The CIP made several attempts to contact the Complainant

including US Mail, telephone, on-line data base research, and a home visit, to no

avail. Neither of the 10-Day Letters was returned to the CIP.

Procedural History:


05-11-09 10-Day Letter sent to Complainant. Letter was not Returned

05-29-09 Phone contact attempted with Complainant. Number disconnected.

06-11-09 Home Visit to Complainant's last known address. Letter, CIP

Brochure, and business card left at residence


Complainant. New Address and telephone number found.

06-22-09 Phone call to 2nd number. Voice mail left.

06-22-09 Second 10-Day Letter sent to Complainant. Letter was not returned

06-22-09 Phone contact attempted with Complainant. Number busy.





approved




McAliley


Vacant: **Vacancy





William Gonzalez-#27043

Eduardo Perez-#5607

Ofren Vera-#7361

Allegation(s):

Discourtesy


DOI: November 6, 2008

Mr. Reid Welch alleged that Officer William Gonzalez, Officer

Eduardo Perez and, Officer Often Vera behaved indecorously

while in his presence when they stopped him on at Douglas Road

and Charles Terrace for a traffic violation. Mr. Welch stated that

the officers engaged in squalidly overt conversation regarding

their sexual exploits. Additionally, Mr. Welch stated the officers

were showing each other inapt pictures of women's body parts

that they had on their cellular telephones. Internal Affairs

rendered a finding of Inconclusive regarding the allegation of

Discourtesy as to all of the principal officers.

Recommendation(s):

Close as No Finding (Summary Disposition) based on the complainants failure

to provide additional information to further the investigation.

Procedural History:

04-01-09 CIP receives Internal Affairs Report.

04-10-09 A 10-Day Letter was forwarded to the complainant.

05-30-09 Assigned to CIP Investigator.

06-03-09 An On-Line database search was conducted regarding the

complainant (confirmed listed address and no prior criminal history).

06-03-09 A home visit was made to the complainant's residence, no one was

present and a business card and CIP packet was left.


06-16-09 A telephonic interview was conducted with the complainant, Reid



Welch.

06-22-09 A 2nd 10-day letter accompanied with the Internal Affairs report was

forwarded to the complainant.

06-29-04 The Internal Affairs file was received by the CIP.

07-01-09 The Internals Affairs file was reviewed by the CIP.

07-17-09 Submitted for Closure with Investigator's recommendation of No

Finding.




aforementioned findings were accepted (No Finding).


Committee recommendation of No Finding was accepted.




McAliley


Vacant: **Vacancy


Case: Stanley E. Fulton CIP#:09-110 IA#: 09-047


Maximiliano Valdes-#27081

Allegation(s):

Missing Property


DOI: January 17, 2009

Mr. Stanley E. Fulton alleged that on January 17, 2009, when he was stopped and arrested by Officer Maximiliano Valdes, he had $500.00 in U.S. Currency in his wallet. Mr. Fulton stated upon arrival at the Miami-Dade County Jail the $500.00 dollars were missing. It was additionally indicated by Mr. Fulton that after he was handcuffed, he visibly observed Officer Valdes remove $500.00 dollars from his wallet as he retrieved his driver's license. Mr. Fulton stated he was then transported to the Miami-Dade County Jail. While at the Miami-Dade



County Jail collecting his property, Mr. Fulton stated he noticed that only $28.85 (which was not part of the $500.00 dollars) had been turned into property. Mr. Fulton advised the property clerk of the missing money and was subsequently advised by the clerk to check with the arresting officer. After interviewing Mr. Fulton and Officer Valdes, Internal Affairs rendered a finding of Inconclusive.

Recommendation(s):



Procedural History:




06-01-09 Telephonic contact was made with the complainant.

06-01-09 A 2nd package containing a 10-Day Letter and copy of the Internal

Affairs report was forwarded to the complainant.

06-10-09 A home visit was made to the complainant's listed address (a

business card was left).


complainant (confirmed listed address and a prior criminal history charge of

cocaine possession).


Finding.












McAliley


Vacant: **Vacancy


Case: Eugenio Mendez CIP#:09-086 IA#: 08-395


Cmdr. Jose Alfonso-#0122

Yoslan Marrero-#27366

Allegation(s):

Harassment

Missing Property


DOI: December 4, 2008

Mr. Eugenio Mendez stated that on December 4, 2008, he was selling fruit by the

Wendy's restaurant on S.W. 8 Street and 67 Avenue when he was approached by

Commander Jose Alfonso. According to Mr. Mendez he was told by Commander

Alfonso that he was not allowed to sell fruit or he would have a police officer

respond to arrest him. Mr. Mendez then moved from his location and while on

his way home he was stopped by a patron to purchase fruit. He sold fruit and was

subsequently arrested by Officer Yoslan Marrero. Mr. Mendez understands that

he was in the city when he was arrested but feels that he is being unjustly

targeted. Internal Affairs rendered a finding of Cleared regarding the allegation

of Harassment as it pertains to Commander Alfonso. A finding of Inconclusive

was rendered regarding the allegation of Missing Property, regarding Officer

Marrero. An on-line database search revealed that Mr. Mendez was charged with

Vending/Prohibited Activity and the charge was dispositioned as Nolle Pros.

Recommendation(s):

Close as No Finding (Summary Disposition) based on the complainant's

voluntary rescission of the complaint.

Procedural History:




complainant (on-line search confirmed listed address).



06-18-09 Case assigned to CIP Investigator.

06-22-09 A home visit was made to the residence and a brochure and request

for contact letter was left in the door.

06-23-04 Telephonic contact was initiated with Mrs. Mendez and she

indicated that her spouse was not interested in pursuing an independent

investigation.

06-24-09 A Miami-Dade County Clerk's Office on-line search revealed that

Mr. Mendez was charged with Vending/Prohibited Activity and the charge was

dispositioned as Nolle Pros.


Finding.










McAliley


Vacant: **Vacancy


Case: Richardson Dalce CIP#: 09-112 IA#: 09-017


Lazaro Alvarez-#0134

Allegation(s):

Abusive Treatment

Discourtesy


DOI: January 14, 2009



Mr. Richardson Dalce was in a vehicle accompanied by Mr. Kelvin Richards in

the 500 block of NE 68 Street when he encountered Officer Alvarez on the

aforementioned date. Mr. Frank Joseph, a mutual friend of Mr. Dalce and Mr.

Richards; stood outside of the car speaking to another acquaintance of all three

gentleman. Officers Lazaro Alvarez, Joseph Byars and Ruby Noel approached

the vehicle and Officer Alvarez had his firearm in hand, according to the

complainant. Mr. Dalce stated that he questioned the nature of the stop and

Officer Alvarez stated "Don't ask questions". Mr. Dalce continued to make

inquiries regarding then nature of the stop and Officer Alvarez reportedly stated,

"Oh, you're a slick mouth right?" Unbeknownst to Mr. Dalce, after exiting the

vehicle, one of the officers searched the vehicle of Mr. Richards and recovered a

bag of marijuana. Mr. Dalce contends that Officer Alvarez obtained the bad of

marijuana from one of the other officer and struck him in the face with it,

knocking him to the ground. Officer Alvarez allegedly loomed over Mr. Dalce

while he was on the ground demanding that he fight him. Mr. Dalce further

alleged Officer Alvarez used sordid language to characterize him after he refused

to fight. Mr. Dalce was arrested for Resisting Arrest without Violence. Internal

Affairs dispositioned the case as Cleared regarding the allegation of Abusive

Treatment and Inconclusive regarding the allegation of Discourtesy. An on-line

database search revealed that Mr. Dalce was acquitted by the court of the charge

Resisting Arrest without Violence.

Recommendation(s):



Procedural History:




06-01-09 Telephonic contact was initiated with the complainant and he

provided verification that he received the 10-day letter and the Internal Affairs

Report in April of 2009. Mr. Dalce reaffirmed his statement to Internal Affairs

and stated that he does not have any additional information that would advance

an independent investigation.

06-01-09 Telephonic contact was initiated with witness; Justave Jean

(reiterated his statement to Internal Affairs.)




complainant (confirmed listed address and no prior criminal history and was

acquitted by the court of the charge Resisting Arrest without Violence).


06-29-09 The Internal Affairs file was obtained and reviewed.


Finding.



08-07-09 The case was presented to the Complaints Committe and the







McAliley


Vacant: **Vacancy


Case: Elizabeth Stephens CIP#: 09-165 IA#: 09-034


Brandon Lanier #28889

Investigator: S. Wolf

DOI: 09/09/08

Allegation(s):

Negligence of Duty

Ms. Stephens stated that on February 1, 2009, she got into an argument with Ms.

Theresa Spratley over some crack cocaine that she had purchased from her. Ms.

Stephens stated that during the argument Ms. Spratley's boyfriend (Mr. Alfred

Williams) walked up to her and punched her in the mouth causing a laceration to

her lower lip, Ms. Stephens stated that police were called and Officer Brandon

Lanier responded with two others officers. Ms. Stephens stated that Officer



Lanier asked what happen and she told him that she had an argument with Ms.

Spratley and Mr. Williams punched her in the mouth. Ms. Stephens stated Mr.

Williams and Ms. Spratley told Officer Lanier that she was lying about the cause

of the injury to her lip. Ms. Stephens stated that Officer Lanier arrested her, Ms.

Spratley and Mr. Williams for drinking in public. Ms. Stephens stated that

Officer Lanier did not witness her drinking in public and the beer belonged to

Mr. Williams. Ms. Stephens stated that she asked Officer Lanier to file a report

against Mr. Williams for punching her in the face and injuring her lower lip and

Officer Lanier told her that there was nothing he could do without a witness. Ms.

Stephens stated that her complaint against Officer Lanier is that he failed to make

an arrest or even write a report for her injuries. Ms. Stephens also made

allegations that when Ms. Spratley opened her jacket in front of Officer Lanier a

bag of marijuana fell on the ground and he did not arrest her for it. Officer Lanier

stated that Ms. Stephens never asked him to write a report and that he did not see

any indication of any injuries to Ms. Stephens. He added that he did observe all

three subjects drinking in public. The incident was investigated by Internal

Affairs and closed as Inconclusive.

Recommendation(s):

Close as No Finding. Multitude attempts to locate the complainant were

unsuccessful.

Procedural History:

05-01-09 CIP Received Internal Affairs Summary Report

05-11-09 CIP sends 10-Day Letter to Complainant's last known address. No

Response

06-11-09 CIP sends email to Camillus House (Complainant's last known

address) requesting assistance in locating Complainant.

06-11-09 Data Base research was conducted under the name and identifiers for

the Complainant. No new information was found.

06-18-09 CIP leaves voice mail at Camillus House. No Response

07-06-09 10-day Letter returned "Attempted-Not Known"

07-15-09 Email to Kathy Garcia, Camillus House looking for Complainant

07-15-09 Email response from Ms. Garcia. Ms Stephens may be at Homeless

Assistance at 1550 N. Miami Ave.

07-15-09 CIP contacts Homeless Assistance and speaks with Emilio Esteban.



Message will be left for Ms. Stephens if she is there to contact CIP.

07-16-09 2nd 10-Day Letter sent to Complainant at 1550 N. Miami Ave,

Miami FL. No Response.

07-31-09 Chief Investigator's recommendation of No Finding



approved




McAliley


Vacant: **Vacancy

Complainant: Elizabeth Stephens; Principal Officer: Brandon Lanier, (CIP #09-165, IA

#09-034)

Discussion: Ms. Shapiro requested that the record to reflect the following officers have multiple

complaints before the Panel on today's date: Officer Yoslan Morrero F.8 and F12 and Officer

Lazaro Alvarez F.7 and F.13. Mr. Wolf acknowledged same and agreed to Ms. Shapiro's

suggestion for careful monitoring of the named officers.

PUBLIC FORUM II

Please see item A.

ANNOUNCEMENTS

City Commission Meeting

September 10, 2009

Proposed Ordinance Revision & Membership Appointments

Ms. Abia communicated that this item scheduled for September 10, 2009 may be deferred or

continued by the City Commission. Ms. Shapiro communicated that she wants to convene an

Ordinance Revision meeting prior to September 10, 2009 in order to be prepared for said

meeting on September 10th. Committee members agreed to have a meeting on September 2, 2009

at 12 noon, CIP Conference Room.

City Commission Meeting

September 10, 2009

Budget Hearing (5:00 PM)

City Hall Commission Chambers

Please see item H.1.

Next CIP Meeting Date:

September 15, 2009

City Hall Commission Chambers

5:30 PM



The next CIP meeting will be September 15, 2009 at City Hall Chambers, 5:30 p.m.

Executive Director Recruitment (On-going)


City of Miamiegov.ci.miami.fl.us/meetings/2009/8/1888_M_Civilian...Tuesday, August 18, 2009 5:30 PM...

Documents

Transcript of City of Miamiegov.ci.miami.fl.us/meetings/2009/8/1888_M_Civilian...Tuesday, August 18, 2009 5:30 PM...