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Tuesday, June 20, 2006
5:00 PM
City of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.ci.miami.fl.us
Regular Meeting
City Hall Chambers
Civilian Investigative Panel
Larry Handfield, Chairman
Janet McAliley, Vice Chair
Rudy de la Guardia, Treasurer
Thomas Rebull, Secretary
Tanya Brinkley, Dr. Tangier Scott,
Timothy Moore, Fred St. Amand, Bess McElroy,
Brenda Shapiro, Otis Davis, Danny Couch, Andrew Fishman
Meeting Agenda - Final
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
CALL TO ORDER
PLEDGE
ROLL CALL
APPROVING THE MINUTES OF MAY 16, 2006
ADMINISTRATIVE ISSUESA.
A.1 Update MPD Requests for Information
A.2 RFLI re: Independent Investigators
A.3 CIP Investigative Procedures
CASE MANAGEMENTB.
Case: Kelvin Walker IA 04-044 CIP 05-037
Involved Officer(s):
Sgt. Larry Jackson #3361
Torrance Gary #7135 [ Ofc. Gary resigned from MPD on 2/18/06]
Benjamin Payen #5539
Sgt. Dawn Campbell #0807
Allegations:
1. Misconduct (Gary)
2. Misconduct (Jackson)
3. Misconduct (Payen)
4. Improper Procedure (Jackson)
5. Improper Procedure (Campbell)
Cx stated on February 10, 2004, several plain-clothed City of Miami police
officers entered and searched his residence after arresting him for possession
of marijuana. Cx stated that after he was released and returned home, he
discovered that fourteen thousand dollars was missing from his bedroom.
Recommendations:
1. Close as Sustained for Misconduct against Ofc. Gary; Ofc. Gary has been
recommended for Termination.
2. Close as Sustained for Improper Procedure against Sgt. Jackson; Sgt.
Jackson received a 40 hour suspension as a result of this case.
3. Close as for Not Sustained for Misconduct against Ofc. Payen; Ofc. Payen
never entered Cx's bedroom and only had possession of the shoebox
containing the money when he received it from Ofc. Gary and placed the shoe
box inside the vehicle.
B.1 05-01191
Page 2 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
4. Close as Not Sustained for Misconduct against Sgt. Jackson. There are no
witnesses to prove or disprove exactly how much money Sgt. Jackson found.
5. Close as Sustained for Improper Procedure against Ofc. Campbell. Ofc.
Campbell received a letter of Formal Counseling as a result of this case.
Staff Observation:
It should be noted that IA conducted a very thorough investigation.
Staff Recommendation with Complaint Committee approval:
The Policy and Procedures committee should review the Crime Suppression
Detail's SOP regarding the handling of property and make recommendations
regarding the chain of custody and having witness officers present while an
officer is counting money.
Case: Miguel Acevedo IA 04-121 CIP 05-060
Involved Officer(s):
Thomas Carroll #0856
Joseph McCrink #4602
Allegations:
1. Abusive Treatment (Ofc. McCrink)
2. Abusive Treatment (Ofc. Carroll)
On April 18, 2004, Cx stated that Ofc. McCrink grabbed him in a half nelson as
Ofc. Carroll punched him two to three times in the stomach and shoved a
Taser against his face.
Recommendations:
1. Close as Not Sustained for Abusive Treatment against Ofc. McCrink.
2. Close as Not Sustained for Abusive Treatment against Ofc. Carroll.
The CIP investigator spoke with Cx's mother who informed the investigator that
Cx does not want to pursue the matter. Also, Cx was sent a letter and has not
responded.
B.2 05-01295
Case: Humberto Alvarez IA 04-008S CIP 06-115
Involved Officer(s):
Marcos Munoz #4958
Allegations:
1. Improper Procedure
Cx stated on December 17, 2003, Ofc. Munoz took his watches and placed
them into property as stolen items. Cx stated that because of this, he is not
able to retrieve the watches even though he has ownership papers.
Recommendations:
1. Close as No Finding for Improper Procedure; the CIP investigator spoke with
Cx's attorney, Scott Bennett, who stated that Cx no longer lives in the area, Cx
B.3 05-01353
Page 3 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
is not interested in pursuing the matter, and Cx requests that we close our file.
Case: Andrew Rosenblatt CIP 05-035 IA 05-079S
Involved Officer(s):
Jorge Loo #4062
Allegations:
1. Improper Procedure (arrest)
2. Excessive Force
3. Improper Procedure (transporting prisoners)
Cx stated that on December 28, 2004, Ofc. Loo abused his discretion to arrest
him, used excessive force during the arrest, and violated MPD procedure on
the transportation of prisoners to jail.
Recommendations:
1. Close as Exonerated for Improper Procedure (arrest); Cx was arrested for
failure to sign a traffic citation and resisting arrest without violence. Florida
Statue 318.14(3) states, "any person who willfully refuses to accept and sign a
summons shall be guilty of a misdemeanor of the second degree."
2. Close as Not Sustained for Excessive Force; Cx stated that Ofc. Loo used
excessive force while effecting his arrest, but Ofc. Loo stated that Cx resisted.
There were no independent witnesses.
3. Close as Exonerated for Improper Procedure (transporting prisoners); the
actual time of Cx's transportation to jail was 1 hour and 24 minutes. During
this time, Ofc. Loo stopped to obtain a supervisor's signature on the arrest
form per MPD policy and made copies of the arrest form at a MPD ministation.
Additionally, Sgt. Herbello, Ofc. Loo's supervisor, permitted the delay in
transporting Mr. Rosenblatt to jail.
Staff Observation:
In this case, a significant impediment to complying with Departmental Order
16.4.21.2 is MPD's administrative procedures for arrests regarding where to
take prisoners, supervisor's signatures on arrest forms, and making copies of
arrest forms, and the South District substation's supervisor's decision that
officers cannot use their copy machine. MPD has since terminated this
practice.
Staff Recommendation with Complaint Committee approval:
The CIP should make a recommendation to change the language in DO
16.4.21.11 (transporting a prisoner of the opposite sex) to require the same
notification for transporting any prisoner.
B.4 06-00135
Page 4 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
Case: Lisdeth Lopez IA 02-219S CIP 06-194
Involved Officer(s):
Jose Acuna #0028
Allegations:
1. Discourtesy
Cx stated on August 20, 2002, she received a traffic citation from Ofc. Acuna.
Cx stated that Ofc. Acuna asked her why she was bald and she told him that
she had a rare form of cancer and was under going chemotherapy. Cx stated
that Ofc. Acuna responded by saying,” I thought that you were a lesbian.”
Recommendations:
1. Close as No Finding for Discourtesy; Ofc. Acuna has retired from MPD.
B.5 06-00687
Case: Armando Alonso IA 03-398 CIP 05-092
Involved Officer(s):
Jay Grossman #2559
Allegations:
1. Abusive Treatment
2. Improper Procedure
Cx stated that on December 3, 2002. Ofc. Grossman grabbed and pulled him
out of his vehicle, then made him sign two traffic citations.
Recommendations:
1. Close as No Finding for Abusive Treatment.
2. Close as No Finding for Improper Procedure.
The CIP Investigator contacted Cx who stated that he did not want the CIP to
proceed with an investigation. Cx signed a CIP "Discontinue Investigation"
form.
B.6 06-00923
Page 5 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
Case: Latarsha Andrews IA 04-301S CIP 06-051
Involved Officer(s):
Nathaniel Dauphin #1325
Vincent Miller #4785
Allegations:
1. Discourtesy
Cx stated on October 15, 2004, the police were called due to a dispute she had
with her neighbor. Cx stated that her daughter told her what a neighbor had
said and Cx asked her daughter to repeat it to the officers. Cx stated that Ofc.
Dauphin stated, "Oh, she do need to take a bath" referring to her daughter.
Recommendations:
1. Close as No Finding for Discourtesy; the CIP Investigator contacted Cx who
stated that she did not want the CIP to proceed with an investigation. Cx
signed a CIP "Discontinue Investigation" form.
B.7 06-00925
Case: Jonas Calixte IA 04-207S CIP 06-060
Involved Officer(s):
Claudia Claude #1070
Viona Browne-Williams #0624
Allegations:
1. Improper Procedure
Cx stated on July 11, 2004, his mother was involved in an automobile accident
and Ofc. Claude and Ofc. Browne-Williams did not properly attend to his
mother's medical needs due to the fact that the other party involved in the
accident was Ofc. Claude's relative.
Recommendations:
1. Close as No Finding for Improper Procedure; the Litigation/Investigations
Specialist contacted Cx who stated that he was satisfied that an IA
investigation was conducted and he did not want the CIP to conduct an
investigation.
B.8 06-00927
Case: Carlos Cordovi IA 05-172S CIP 06-229
Involved Officer(s):
Joseph Balikes #0246
Allegations:
1. Discourtesy
Cx stated on August 5, 2005, Ofc. Balikes stopped him, used profanity, and
pulled on both of his ears.
B.9 06-00929
Page 6 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
Recommendations:
1. Close as No Finding for Discourtesy; the Litigation/Investigation Specialist
spoke with Cx's sister and grandmother, and left messages for Cx. Cx has not
contacted the CIP.
Case: Franklin Browns IA 02-418S CIP 06-099
Involved Officer(s):
Paul Rodriguez #6119
Allegations:
1. Improper Procedure
Cx stated during an altercation with another juvenile, Ofc. Rodriguez pepper
sprayed Cx and two others, and did not report the incident.
Recommendations:
1. Close as No Finding for Improper Procedure; Ofc. Rodriguez has retired
from MPD.
B.10 06-00931
Case: Vinco Bethel IA 03-267S CIP 06-073
Involved Officer(s):
Timothy Marks [no longer employed by MPD]
Allegations:
1. Harassment/racial profiling
Cx sated on July 20, 2003, Ofc. Marks issued him a summons for improper use
of the horn. Cx stated that the reason he was stopped and issued a summons
was because of the color of his skin.
Recommendations:
1. Close as No Finding for Harassment/racial profiling; Ofc. Marks is no longer
employed by MPD. Additionally, the Litigation/Investigations Specialist spoke
with Cx who stated that he was satisfied with the IA investigation and that the
CIP could close the case.
B.11 06-00933
Case: City of Miami (James) IA 05-080 CIP 06-204
Involved Officer(s):
Paul James #3378
Allegations:
1. Discharge of Firearm
On April 7, 2005, Ofc. James discharged his city issued weapon at a dog that
attacked him. The dog was fatally wounded as a result of the discharge.
Recommendations:
1. Close as Exonerated; the discharge of firearm was within MPD's policies and
B.12 06-00935
Page 7 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
procedures.
Case: City of Miami (Pino) IA 05-064 CIP 06-203
Involved Officer(s):
Julio Pino #5651
Allegations:
1. Discharge of Firearm
On March 17, 2005, Sgt. Pino chased Barbaro Crème. During the foot chase,
Sgt. Pino was confronted by a boxer/pit bull mix breed dog. Sgt. Pino
discharged his firearm once at the dog and missed.
Recommendations:
1. Close as Exonerated; the discharge of firearm was within MPD's policies and
procedures.
B.13 06-00937
Case: City of Miami (Rios) IA 02-178 CIP 06-142
Involved Officer(s):
Christian Rios #5987
Allegations:
1. Misconduct
2. Discourtesy
On June 2, 2002, Ofc. Rios was involved in a physical altercation with his
girlfriend, Belkys Bayona.
Recommendations:
1. Case should be closed as No Finding for Misconduct.
2. Case should be closed as Sustained for Discourtesy.
The CIP investigator contacted Ms. Bayona who stated that she did not want
the CIP to conduct an investigation.
B.14 06-00939
Case: Urania Dona IA 05-046S CIP 06-213
Involved Officer(s):
Natalie Wilcox #6539
Stanley Winfrey #3486
Allegations:
1. Improper Procedure
Cx stated on March 27, 2005, her husband, Mr. Flores, was in the process of
dropping his son off at the mother's house when a verbal altercation ensued
between Mr. Flores and his ex-girlfriend, Mrs. Cooper. Cx stated that Mrs.
Cooper picked up a rock and threw it at their car. Cx stated when Ofc. Winfrey
and Ofc. Wilcox arrived, they were rude, seemed uninterested in what they had
B.15 06-00941
Page 8 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
to say, and ignored the witness. Cx stated that the officers did not write a
police report.
Recommendations:
1. Close as No Finding for Improper Procedure; the Litigation/Investigations
Specialist contacted Cx who stated that the conflict between her and her
husband's ex-girlfriend has been resolved, she was satisfied that an IA
investigation was conducted, and she did not want the CIP to conduct an
investigation.
Case: Sonia Hernandez IA 04-046 CIP 05-077
Involved Officer(s):
Alfredo Alvarez #0128 *
Allegations:
1. Abusive Treatment
Cx stated on February 7, 2004, she was arrested by Sgt. Alvarez. Cx stated
that Sgt. Alvarez placed the handcuffs on her wrist too tight, which caused her
hands to turn purple and numb, and caused her to faint. Cx stated that she
now has numbness in her hands.
Recommendations:
1. Close as No Finding for Abusive Treatment; the CIP investigator was unable
to locate Cx.
Staff Recommendation with Complaint Committee approval:
While unable to locate Cx, the CIP investigator reviewed the taped statements
from IA. The IA investigator did not seem concerned about Cx's complaint,
rather, he focused on discrediting her statements. This is another Quality of
Life Task Force case. Recommend that the Policy and Procedures
Subcommittee review the Standard Operating Procedures and any
Departmental Orders for this task force. There have been a large number of
complaints regarding the manner in which the officers conduct themselves
during these operations. This is the second IA complaint where IA did not
seem to give credence to the complaint.
B.16 06-00943
Case: Carolyn Johnson IA 05-215S CIP 06-243
Involved Officer(s):
Alberto Perez #5646
Allegations:
1. Discourtesy
Cx stated on October 4, 2005, her son was arrested. Cx stated that as Ofc.
Perez was walking her handcuffed son to the police car, Cx asked what was
happening and Ofc. Perez used profanity.
Recommendations:
B.17 06-00946
Page 9 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
1. Close as No Finding for Discourtesy; the Litigation/Investigations Specialist
contacted Cx who stated that she did not have any witnesses and that the CIP
should close the case.
Case: Gary Michael Josephson IA 04-160 CIP 06-167
Involved Officer(s):
Lazaro Alfonso #0084
Hector Bergnes #0359
Allegations:
1. Improper Procedure
Cx stated on April 26, 2004, Ofc. Alfonso and Ofc. Bergnes disposed of his
clothing and medication during a clean up operation of Spoil Island.
Recommendations:
1. Close as No Finding for Improper Procedure; Cx was the complainant is
another case (05-159-CIP). Cx was homeless and the CIP investigator was
unable to locate him.
B.18 06-00948
Case: Reyna Lopez IA 02-389 CIP 04-087
Involved Officer(s):
Mayree Morin #4487
Allegations:
1. Abusive Treatment
2. Discourtesy
Cx stated on October 4, 2002, Ofc. Morin spoke to her in an abusive manner,
pushed her on to the bed, placed a gun on her head and arrested her
boyfriend.
Recommendations:
1. Close as No Finding for Abusive Treatment.
2. Close as No Finding for Discourtesy.
The CIP investigator was unable to located Cx. It should be noted that Ofc.
Morin was very cooperative, provided a statement to the CIP investigator, and
denied pointing a gun at or striking Cx.
B.19 06-00950
Case: Officer Daisy Montes IA 01-410 CIP 06-090
Involved Officer(s):
Sgt. William Golding #2370 [Sgt. Golding has retired from MPD]
Allegations:
1. Sexual Harassment
Cx went to the Internal Affairs office on December 20, 2001 to file a complaint
B.20 06-00952
Page 10 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
of sexual harassment against Sgt. Golding.
Recommendations:
1. Close as No Finding for Sexual Harassment.
The Chief Investigator spoke with Maria Ferrer-Miralles with the City of Miami's
Equal Opportunity/Diversity Programs Division. Ms. Ferrer-Miralles stated that
all sexual harassment complaints from the MPD are referred to their office.
She confirmed that Ofc. Montes filed a complaint in 2002. Additionally, Sgt.
Golding and Ofc. Montes have retired from MPD.
Staff Recommendation with Complaint Committee approval:
Sexual Harassment complaints are and should be filed as Information Only and
referred to the City of Miami's Equal Opportunity/Diversity Programs Division.
However, there should be a notation in the file indicating that it has been
referred.
Case: Manuel Pintado IA 04-111 CIP 06-079
Involved Officer(s):
Manuel Cabrera #0779
Allegations:
1. Harassment
On March 16, 2004, IA received a letter from Cx alleging that Ofc. Cabrera
harasses him and plants evidence on him in order to take him to jail.
Recommendations:
1. Close as No Finding for Harassment; the CIP investigator was unable to
locate Cx.
B.21 06-00954
Case: Lucy Hitchcock Seck CIP 06-110
Involved Officer(s):
Unknown
Allegations:
1. Violation of Freedom of Speech and Assembly
Cx stated on January 7, 2006, MPD's handling of the presence of two citizen's
groups at the Torch of Friendship for a permitted rally resulted in the
infringement of free speech. Cx stated that another citizen's group had an
extremely loud bull horn and turned their speakers towards Cx's group, thereby
preventing Cx's speakers from being heard or understood. Cx stated that MPD
officers did not take any action against the other group.
Recommendations:
1. Close as No Finding for Violation of Freedom of Speech and Assembly; Cx
withdrew her complaint.
B.22 06-00956
Page 11 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
Case: Derek Williams CIP 02-008 IA 03-125S
Involved Officer(s):
Pierrre Roche #6005
Troy English #1745
Reginald Williams #7679
Allegations:
1. Improper Procedure
Cx stated on February 27, 2003, Ofc. Roche, Ofc. English and Ofc. Williams
forced their way in to his home, detained him for forty minutes, threatened to
arrest him, and violated his rights.
Recommendations:
1. Close as Exonerated for Improper Procedure; the CIP investigator spoke
with Cx who stated that there were no witnesses. Additionally, the officers
were responding to a burglary in progress and Cx matched the description.
B.23 06-00958
Case: Tanisha McClain IA 02-434 CIP 05-153*
Involved Officer(s):
Randy Hicks #3041
Allegations:
1. Misconduct
Cx stated on November 14, 2002, she was stopped by Ofc. Hicks for a traffic
violation. During the stop, Cx stated that Ofc. Hicks asked for her telephone
number, asked her out on a date and behaved inappropriately.
Recommendations:
1. Close as No Finding for Misconduct; Cx has not made herself available to
the CIP.
Staff Observations:
1. Detective Colina was the IA investigator in this case. Detective Colina also
conducted the investigation into the Corine Munnings (05-154-CIP) complaint
involving the same officer and the same allegations, which occurred three
weeks prior to this incident. Detective Colina did not conduct a thorough
investigation and should have, in light of the Corine Munnings case. Radio
transmissions were never checked, Cx's cellular phone records were never
reviewed, Ofc. Hicks' daily worksheet was not obtained, and there is no
indication that anyone from IA ever went to the club to verify if there was a
curtain blocking the view of the dancers from the area where food is ordered.
2. Ofc. Hicks should have been counseled regarding his behavior and the
appearance of a police officer going into a strip club in uniform in a non-official
capacity.
B.24 06-00960
Page 12 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
Case: Corine Munnings IA 02-358 CIP 05-154*
Involved Officer(s):
Randy Hicks #3042
Allegations:
1. Misconduct
Cx stated on October 8, 2002, Ofc. Hicks followed Cx in his marked police car
to her place of residence, made inappropriate and unwelcome remarks to Cx,
followed Cx to her apartment door, and hugged Cx when she extended her arm
to shake his hand.
Recommendations:
1. Close as Sustained for Misconduct; Ofc. Hicks received a reprimand and
according to an email from George Wysong, a forfeiture of 80 hours.
Staff Observation:
A similar complaint was filed against Ofc. Hicks on November 16, 2002. That
complaint was investigated by the same IA investigator and found to be
Inconclusive. IA investigators should review an officer's history and consider
similar allegations of misconduct while conducting an investigation.
Staff Recommendation:
There was no record of the forfeiture of 80 hours at DDRB. This information
was obtained via email from George Wysong. There is no indication on Ofc.
Hicks' profile that he received the 80 hour forfeiture. A letter should be sent to
MPD to ensure that the 80 hour forfeiture is included on Ofc. Hicks' profile and
in his record.
B.25 06-00962
Case: Meredith Patterson IA 05-096N CIP 06-033
Involved Officer(s):
Robert Laurenceau #3898
Allegations:
1. Discourtesy
Cx stated on April 26, 2005, Ofc. Laurenceau pointed his finger aggressively at
her and her husband and began to yell at them.
Staff Recommendation with Complaint Committee approval:
1. This case should be sent back to IA in order to obtain Ofc. Laurenceau's
statement. IA classified this complaint as a non-complaint, never conducted an
investigation and never obtained Ofc. Laurenceau's statement.
B.26 06-00964
Page 13 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
Case: Ray Abbassi IA 02-340 CIP 04-076
Involved Officer(s):
Robert Couseillant #1233
Allegations:
1. Abusive Treatment
2. Discourtesy
3. Improper Procedure (CIP)
Cx stated on September 27, 2002, Ofc. Couseillant stopped him for a traffic
violation. During the traffic stop, Cx stated that Ofc. Couseillant grabbed Cx's
cellular phone and threw it back into Cx's vehicle, threw Cx against the police
vehicle, arrested Cx, was rude, used profanity. During the course of the case
review and investigation, the CIP uncovered an additional allegation of
improper procedure regarding the towing of Cx's vehicle after he was arrested.
Recommendations:
1. Close as Not Sustained for Abusive Treatment; there were no independent
witnesses.
2. Close as Not Sustained for Discourtesy; there were no independent
witnesses.
3. Close as Sustained for Improper Procedure; Ofc. Couseillant was in violation
of DO 2.4.3.18.1 and DO 9.4.3.3. Cx should have been afforded the
opportunity to release the vehicle into his wife's custody rather than have the
vehicle towed.
Staff Recommendation with Complaint Committee approval:
This case should be sent back to MPD and request that Chief Timoney
conduct further investigation into the additional allegation of Improper
Procedure regarding DO 2.4.3.18.1 and DO 9.4.3.3.
B.27 06-00985
Case: Ronald Bain IA 01-402 CIP 06-083
Involved Officer(s):
Schonton Fordham #2014
Jean Paul #3461
Herold Cummings #1260
Allegations:
1. Abusive Treatment (Fordham)
2. Abusive Treatment (Paul and Cummings)
Cx stated on December 7, 2001, Ofc. Cummings and Ofc. Paul beat him while
Ofc. Fordham sprayed him with OC spray for no reason. Cx stated that he
was arrested and sustained broken ribs and bruises due to the beating.
Recommendations:
1. Close as Exonerated for Abusive Treatment against Ofc.Fordham; Ofc.
B.28 06-00990
Page 14 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
Fordham OC sprayed Cx after he became violent and resisted arrest.
2. Close as Unfounded for Abusive Treatment against Ofc. Paul and Ofc.
Cummings; a witness stated that Ofc. Paul and Ofc. Cummings did not beat Cx
in the ribs and medical records revealed that Cx did not sustain any broken
ribs.
Case: Jean Bermadotte IA 05-147 CIP 06-185
Involved Officer(s):
Unknown
Allegations:
1. Abusive Treatment
Cx stated that on June 17, 2005, he was arrested by Ofc. Gonzalez. Cx stated
that prior to his arrest, unknown police officers forced him to the ground, put
their foot on his head and stepped on him several times.
Recommendations:
1. Close as No Finding for Abusive Treatment; the CIP investigator was unable
to locate Cx after all reasonable attempts were made.
B.29 06-00993
Case: City of Miami (Levy) IA 04-002 CIP 06-161
Involved Officer(s):
Michael Levy, Jr. #3963
Allegations:
1. Misconduct
2. Improper Procedure (IA)
3. Misconduct (IA)
On January 2, 2004, Ms. Aidiliy Elviro alleged that Ofc. Levy followed her to the
Landmark Inn while he was in his police uniform and attempted to force her to
leave the hotel with him. Ofc. Levy was arrested for domestic simple battery by
the Fort Lauderdale Police Department. During the course of the investigation,
IA lodged an additional allegation of Misconduct against Ofc. Levy for following
Cx while in his police uniform and Improper Procedure for wearing his full
police uniform, while off duty and not conducting official police business.
Recommendations:
1. Close as Unfounded for Misconduct; Ms. Elviro testified in a sworn affidavit
that Ofc. Levy never threatened her.
2. Close as Sustained for Improper Procedure; Ofc. Levy admitted to being in
his full police uniform, off duty when the incident occurred in Ft. Lauderdale
and was not conducting official police business.
3. Close as Sustained for Misconduct; Ofc. Levy, after seeing Ms. Elviro
outside her work and discovering that she was not in harms way, followed her
to another location wherein events transpired bringing discredit to Ofc. Levy as
a representative of MPD in uniform.
B.30 06-00995
Page 15 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
Ofc. Levy received a reprimand as a result of this case.
Case: Lou Dickstein IA 04-076S CIP 06-262
Involved Officer(s):
Willie Messer #4729
Allegations:
1. Negligence of Duty
Cx stated on January 18, 2004, Ofc. Messer would not assist or cooperate with
Cirque Security or Extreme Network Security while working an off duty job at
the Cirque Du Soleil.
Recommendations:
1. Close as No Finding for Negligence of Duty; the Litigation/Investigation
Specialist attempted to contact Cx and left numerous messages. Cx has not
made himself available to the CIP and did not provide an address in his
complaint to IA.
B.31 06-00997
Case: Javier Gomez IA 02-281 CIP 04-059
Involved Officer(s):
Abel Costa #1227
Allegations:
1. Abusive Treatment
2. Improper Procedure (IA)
Cx stated on February 24, 2002, Ofc. Costa accused him of stealing a bottle of
alcohol from a party. Cx stated that Ofc. Costa and an officer from MDPD
became aggressive, threatened and assaulted him. During the course of the
investigation, IA uncovered an additional allegation of improper procedure
against Ofc. Costa.
Recommendations:
1. Close as No Finding for Abusive Treatment.
2. Close as No Finding for Improper Procedure.
The CIP investigator contacted Cx who stated that he did not want the CIP to
conduct an investigation. However, Cx refused to sign a Discontinue
Investigation form.
B.32 06-01000
Case: George Joseph IA 01-379 CIP 06-089
Involved Officer(s):
Odney Belfort #0332
Allegations:
1. Abusive Treatment
B.33 06-01002
Page 16 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
2. Improper Procedure (IA)
Cx stated on November 13, 2001,Ofc. Belfort grabbed him by his shirt and
threw him to the ground. Cx stated that Ofc. Belfort used profanity and
slammed the left side of his face to the ground and dragged it on the cement
causing abrasions to his face. Cx stated that Ofc. St. Jules and Ofc. Sears
witnessed the incident. During the course of the investigation, IA lodged an
additional allegation of Improper Procedure against Ofc. Belfort for failure to
complete a Sick or Injured Person report.
Recommendations:
1. Close as Not Sustained for Abusive Treatment; A CIP investigator spoke to
Cx who stated there were no witnesses.
2. Close as Sustained for Improper Procedure; Ofc. Belfort did not complete a
Sick or Injured Person report and received a reprimand.
Staff Recommendation with Complaint Committee approval:
This case should be referred back to IA for further review. This case was
closed as cleared for Abusive Treatment by IA based on the statements of
MPD officers, who are not independent witnesses. There is also conflicting
testimony provided by Ofc. Sears and Sgt. Schillaci. Ofc. Sears stated,"he saw
Mr. Joseph rubbing his own face into the ground therefore sustaining friction
burns to his face." Sgt. Schillaci stated,"Ofc. Sears explained Mr. Joseph was
arrested by Officer Belfort and in an attempt to resist being cuffed, Mr. Joseph
had pulled away scraping his face on the ground." IA should consider a finding
of Inconclusive for Abusive Treatment.
Case: Orlando McRae IA 04-260 CIP 06-109
Involved Officer(s):
Milton McKinnon #4651 *
Gregory Pelham #5618
Stanley Jean Poix #3486 **
Allegations:
1. Abusive Treatment
Cx stated on February 13, 2004, he was slapped, punched and kicked by
several City of Miami police officers after they falsely arrested him for inciting a
riot, unlawful assembly and disobeying a police order.
Recommendations:
1. Close as No Finding for Abusive Treatment; a CIP investigator spoke with
Cx who stated that he did not want the CIP to conduct an investigation and Cx
signed a Discontinue Investigation form.
Complaints Committee Recommendation:
The Policy and Procedures Committe should review the MPD's policies
governing mini-stations.
B.34 06-01004
Page 17 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
Case: Abdul Mujib IA 01-398 CIP 06-082
Involved Officer(s):
Kevin Harrison #2823
Allegations:
1. Discourtesy
On November 29, 2001, Cx stated that he had requested a police officer at
Bayside because several juveniles had thrown rocks at his taxi cab. Ofc.
Harrison responded to the incident. Cx stated that after he told Ofc. Harrison
what had occurred, Ofc. Harrison stated that it was okay for people to throw
rocks at him because he looked Indian or Arab.
Recommendations:
1. Close as Not Sustained for Discourtesy; there are no independent
witnesses. The CIP investigator reviewed the taped statements taken from IA
and found them to be consistent with what was written in the IA report.
B.35 06-01006
Case: Albert Rios CIP 06-025
Involved Officer(s):
Unknown
Allegations:
1. Improper Procedure
Cx stated on September 3, 2005, he was the victim of a felony battery. Cx
stated that he was not satisfied with how MPD is handling his case.
Recommendations:
1. Close as No Finding for Improper Procedure; Cx's complaint stems from an
incident where he was the victim of a felony battery. Cx wants to proceed with
the case but the SAO's has a requirement that the felony be investigated by
MPD. MPD has attempted to contact Cx but Cx has not cooperated.
B.36 06-01010
Case: Patrick Stewart IA 04-305 CIP 05-116
Involved Officer(s):
Jesus Tourino #7144
Melissa Buhrmaster #0715
Allegations:
1. Discourtesy
Cx stated on December 2, 2004, Ofc. Tourino and Ofc. Buhrmaster pulled him
over. Cx stated that Ofc. Tourino used profanity, verbally harassed him and
threatened to arrest his co-worker.
Recommendations:
B.37 06-01012
Page 18 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
1. Close as No Finding for Discourtesy; Cx has not made himself available to
the CIP or the CIP investigator. Additionally, the CIP was unable to locate Cx's
witness, Mr. Dixon.
Complaint Committee Observations:
Sgt. Baralt conducted the investigation into the complaint. In the IA case
summary, Sgt Baralt writes "After talking to Mr. Stewart for more than one-half
hour, I truly believed that I had successfully assuaged his concerns pertaining
to the interaction between him and Officers Tourino and Burhmaster." This is
of particular concern as the committee has heard complaints that MPD and IA
are deterring complaints.
Case: Rudolph Powell IA 05-208 CIP 06-158
Involved Officer(s):
Keith Cunningham #1299
Emanuel Prospere #5803 *
Allegations:
1. Misconduct
2. Improper Procedure
Cx stated on September 16, 2005, Sgt. Cunningham falsely arrested him and
ordered Ofc. Prospere and another officer to enter his apartment without
consent. When Cx returned to his apartment, seven thousand dollars was
missing from his dresser.
Recommendations:
1. Close as No Finding for Misconduct.
2. Close as No Finding for Improper Procedure.
The CIP investigator spoke with Cx who stated that he did not want to proceed
with an investigation and signed a Discontinue Investigation form.
B.38 06-01015
Case: Terrance D. Rothman CIP 06-154
Involved Officer(s):
Emiliano Tamayo #6927
Allegations:
1. False Arrest
During the CIP's public hearing on January 15, 2004, Cx stated that he was
falsely arrested and barred from entering City Hall because of his views on the
FTAA.
Recommendations:
1. Close as No Finding for False Arrest; the CIP investigator was unable to
locate Cx, who is homeless. Cx was arrested for Threats on a Public Servant
and Telephone Threats. His case was adjudicated as No Action on November
5, 2003.
B.39 06-01017
Page 19 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
MIAMI POLICE DEPARTMENTAL ORDERS REVISIONSC.
D.O. 2 Chapter 5 - Incident Tracking System (5/09/06)
Recommendation: Letter to be sent to MPD seeking clarification as to the use
of two separate memoranda to be generated as to the review done by the
Section Commander of the conduct leading to the subject officer's appearance
on the Incident Tracking System (ITS).
C.1 06-01094
Attachments: D.O. 2 Chapter 5 Incident Tracking System 5-09-06.mdi
D.O. 6 Chapter 8 Sworn Personnel Promotions (5/09/06)
Recommendation: Await response to letter sent to MPD that included
questions arising from CIP discussion of 5/16/06,
.
C.2 06-01097
Attachments: D.O. 6 Chapter 8 - Sworn Personnel Promotions 5-09-06.mdi
[ D.O. 1 Chapter 11 Rules and Regulations (Discharge of Firearms
Restrictions).
· Recommendation: Letter to MPD to include language that the CIP notes
that this change is one the need for which was called to the attention of the
department as early as 12/04, and then again in 11/05 and 12/05.
C.3 06-01104
Attachments: D.O. 1, Chapter 11 - Firearms 5-09-06.mdi
D.O 3 Chapters 1-4. Special Investigations Section.
Recommendation; The changes are not likely to be the subject of CIP review,
however the revision package contained an "Original" document different from
the copy on file with the CIP, suggesting that a revision had been made without
affording the CIP the opportunity to review same. The letter to MPD is to ask
for clarification.
C.4 06-01103
Attachments: D.O. 3, Chapters 1-4 Special Investigations Section 5-09-06.mdi
D.O. 11 Chapter 1 Patrol.
Changes concerning the assignment of command level personnel; no position
recommended.
C.5 06-01102
Attachments: D.O. 11, Chapter 1 - Patrol 5-09-06.mdi
D.O. 8 Chapter 11 Cellular Telephone Management.
Administrative changes to an order concerning behavior not likely to be the
subject of CIP review; no position recommended.
C.6 06-01101
Attachments: D.O. 8, Chapter 11 - Cellular Telephone Management 5-09-06.mdi
Page 20 City of Miami Printed on 6/19/2006
June 20, 2006Civilian Investigative Panel Meeting Agenda - Final
D.O. 11 Chapter 11 Crisis Intervention.
Recommendation: Revision effects an expansion of an exemplary program for
dealing with crisis situations involving the mentally ill or persons with emotional
disorders, and the letter to MPD should include language commending the
efforts here.
C.7 06-01100
Attachments: D.O. 11 Chapter 11 - Crisis Intervention Team 5-09-06.mdi
D.O. 6 Chapter 19 Bias Based Profiling.
Typographical error only; no change likely to result in behavior of concern to
the Panel. No position recommended.
C.8 06-01099
Attachments: D.O. 6 Chapter 19 - Bias Based Profiling (Training Unit) 5-09-06.mdi
D.O. 6 Chapter 16 Grievance Procedures.
Change(s) made not likely to be the subject of CIP review; no position
recommended.
C.9 06-01098
Attachments: D.O. 6 Chapter 16 - Grievance Procedures 5-09-06.mdi
OUTREACH ACTIVITIESD.
ANNOUNCEMENTSE.
E.1 NACOLE 2006 Conference (September 25-28) Boise, Idaho
E.2 Broadcasting of Complaint Subcommittee Meetings
E.3 FTAA Final Report
E.4 CIP Retreat
E.5 Florida Attorney General 21st Annual Conference on Preventing
Crime in the Black Community
E.6 Next Meeting August 15th, 2006, 5:00PM Miami City Hall
ADJOURNMENTF.
Page 21 City of Miami Printed on 6/19/2006