City of Miami

City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com

Meeting Agenda Tuesday, October 20, 2015

5:30 PM

Miami City Hall Commission Chambers

Civilian Investigative Panel

Horacio Stuart Aguirre, Chair Rolando Aedo, Vice-Chair Grace Casas, Secretary Barbara Gimenez, Treasurer

Rafael Cabrera, Eileen Damaso, Deidria Davis Ducosse Delva, Mairlyn Lightbourn, Douglas Mayer Alvaro Puente, Daniel Suarez Civilian Investigative Panel Meeting Agenda October 20, 2015

PLEDGE OF ALLEGIANCE

ROLL CALL

APPROVING THE AGENDA FOR OCTOBER 20, 2015

APPROVING THE MINUTES FROM AUGUST 18, 2015

APPROVING THE MINUTES FROM SEPTEMBER 15, 2015

A. REPORTS

A. 1 Chairperson Report - Mr. Horacio S. Aguirre

Subpoena Committee Appointments A. 2 Independent Counsel Report - Ms. Lillian Arango

A. 3 Panel Report on NACOLE Conference - Mr. Doug Mayer

A. 4 Report of Charter and Ordinance Revision Committee - Ms. Gimenez

A. 5 Executive Director's Report - Ms. Cristina Beamud

B. 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. INVESTIGATIONS

D. NO FINDINGS

E. PUBLIC FORUM

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F. ANNOUNCEMENTS

Thursday, October 29, 2015 @ 3:00pm Subpeona Committee Meeting at the CIP Office 970 S.W. 1st. Street; Suite 305 Miami, FL 33130

Friday, November 6, 2015 @ 2:00pm Complaints Committee Meeting at the CIP Office 970 S.W. 1st. Street; Suite 305 Miami, FL 33130

Tuesday, November 17, 2015 @ 5:30pm Panel Meeting at City Hall Commission's Chambers 3500 Pan American Drive Miami, FL 33133

G. ADJOURNMENT

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C. INVESTIGATIONS

C. 1 DISCUSSION ITEM 15-01199 Case: Dalvena Green CIP#: 15-120 IA#: C15-062

Involved Officer(s): Stanley Paul-Noel, 40488

Allegation(s): Improper Procedure Abusive Treatment

DOI: March 20, 2015

Investigated by: Elisabeth Albert

Ms. Green advised Officer Paul-Noel attempted to enter her apartment but she blocked the entrance and asked him if he had a warrant. Ms. Green alleged that Officer Paul-Noel pushed her aside, entered her apartment without her consent and arrested Mr. Oscar Burns. Officer Paul-Noel returned, knocked the door frame off the front apartment door, entered her home and arrested her for Battery on a Police Officer (no actioned) and Resisting Arrest with Violence (open).

Internal Affairs took statements from two witnesses, Jakara Milton (complainant's sister) and Shondrell McCullogh (resident in apartment 6). Ms. Milton observed Officer Paul-Noel kick the door open and hit her sister twice in the head and face with his fist. Ms. McCullogh observed Officer Paul-Noel kick open Ms. Green's door causing damage to the lock and hinge area after she did not allow him entry and had closed and locked the door.

Internal Affairs closed the allegations of Improper Procedure and Abusive Treatment as Unsupported.

CIP Staff met with Ms. Green who advised she was asleep when Officer Paul-Noel knocked on the door. Officer Paul-Noel asked her if two males had just come into her apartment and requested to come in and search. Ms. Green told Officer Paul-Noel he could not come in and asked if he had a warrant. When Officer Paul-Noel observed Oscar Burns inside the apartment he pushed Ms. Green several times, entered the apartment and grabbed Mr. Burns. Officer Paul-Noel left with Mr. Burns but returned a short time later and kicked the front door open causing damage. Officer Paul-Noel escorted Ms. Green out of her apartment in an arm bar, handcuffed her and arrested her. Officers advised the Complainant they were at the location because someone had reported a domestic argument in her apartment.

The documents associated with Ms. Green's arrest were reviewed. The Arrest Affidavit and Incident Report were signed by Officer Josue Herrera (27890).

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Officer Herrera documented that Officer Paul-Noel observed four males loitering in front of the apartments, two of which fled after observing him. Officer Paul-Noel observed one of the males place a small baggie with white powder on the step next to where he was standing and then enter the Complainants apartment. When Officer Paul-Noel knocked on the door, Ms. Green advised, "No, no one is here and you can't come in here without a warrant." Officer Paul-Noel ordered the Complainant out of the doorway and then entered the apartment. While Officer Paul-Noel was attempting to take the male into custody, Ms. Green pushed him in the upper chest area back toward the door. Officer Paul-Noel arrested Mr. Burns and then re-entered the apartment to arrest Ms. Green because she resisted his actions to arrest Mr. Burns by pushing him in the chest and pushing his hands away. Officer Paul-Noel was listed as the victim of the Battery on a Police Officer in Ms. Green's arrest.

Officer Paul-Noel authored both the Arrest Affidavit and Incident Report for Mr. Burns' arrest. Mr. Burns was charged with Possession of Cocaine (acquitted by a jury) and Resisting Officer without Violence (convicted and sentenced). In both documents written by Officer Paul-Noel he acknowledged that Ms. Green advised him he could not come into her home without a warrant.

A separate Incident Report was written by Officer George Diaz (1444) documenting damage to the wooden door/lock that Ms. Green alleged to have occurred by the officer during her arrest.

Officer Paul-Noel's Uniform Police Worksheet shows he was on a "57" (narcotics related arrest/incident) from 6:15 to 11:30 p.m. There was no Response to Resistance report written.

Police radio transmissions were reviewed. Officer Paul-Noel put himself on a "13" (conduct investigation/detail) checking out 2 black males. Less than a minute later Officer Paul-Noel asks the dispatcher to send a routine backup and it appears that Officer Francisco Almonte responded. Sergeant Reinaldo Tejera advised the dispatcher he was well aware of the situation and was responding. A female officer was requested for a pat down and it appears Officers Angiee Fermin (40447) and Sindy-Anna Paul responded. Sergeant Orville Small requested ID respond to the location.

Two calls were made to 911. An unidentified male called and advised the police had kicked in his neighbor's door and punched her. The second call made by "Clock" requested Sergeant Tejera respond back to the area he just left. There were no calls to 911 about a domestic dispute.

Because Internal Affairs closed their investigation as Unsupported there were no officer statements taken. Attempts were made to contact Officer Paul-Noel, the involved officers, and civilian witnesses. Officer Paul contacted the CIP and advised she responded to pat down the Complainant but did not witness the arrest. Officer Paul observed Ms. Green to be calm during her contact with her. CIP Staff conducted an area canvas of the area but we did not locate anyone who

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had anything to add to the investigation.

Recommendation:

CIP Staff recommends that the allegations of Improper Procedure and Abusive Treatment be closed as Not Sustained because our investigations failed to disclose sufficient facts to prove or disprove the allegations made in the complaint.

Officer Paul-Noel was hired on 10/24/2011 and has had 10 citizen complaints and 8 use of force incidents. He is currently on the CIP's Monitoring List (4/22/2015 and 6/18/2015). Staff recommends Officer Paul-Noel remain on the CIP's Monitoring List for an additional year following the Panel's approval.

Procedural History:

06/10/2015 The Internal Affairs ("IA") investigative report was obtained.

06/12/2015 Executive Director conducted a preliminary review of the case.

06/12/2015 Case assigned to Investigator Albert for investigation.

06/12/2015 A 10-day letter accompanied by the IA Report was forwarded to the Complainant.

06/18/2015 CIP Staff met with Ms. Green and took a recorded statement.

06/19/2015 An initial notification letter was mailed to the Principal Officer.

06/19/2015 A request was made for a copy of the Response to Resistance Report.

06/29/2015 IA file was obtained and reviewed.

07/15/2015 A second request was made for a copy of the Response to Resistance Report.

08/05/2015 A third request was made for a copy of the Response to Resistance Report.

08/05/2015 Notification letters were emailed to the witness officers and mailed to the witness identified in the IA Report.

08/05/2015 Notification letter was mailed to Akeem Burns, who was identified by the Complainant as a possible witness.

08/05/2015 IA advised there was no Response to Resistance report written for this case.

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08/05/2015 A request was made to MPD Communications any/all 911 made related to this incident and for Officer Paul-Stanley's radio transmissions.

08/12/2015 Staff conducted an area canvas at the incident location.

08/14/2015 The witness notification letter mailed to Oscar Burns was returned to sender. An online search was conducted for current contact information with negative results.

08/14/2015 A message was left with the Complainant's mother requesting she contact the CIP.

08/17/2015 The witness notifications mailed to Ms. McCullogh and Ms. Milton were returned to sender. An online search was conducted and a possible address was found for Ms. McCullogh. A witness notification letter was mailed to Ms. McCullogh at the address identified in the online search.

08/20/2015 Requested communications records regarding police radio transmissions were received and reviewed.

08/21/2015 A witness notification letter was emailed to Sergeants Small and Tejera, and Officers Almonte, Fermin, and Paul.

09/01/2015 Officer Paul contacted the CIP.

09/04/2015 The witness notification letter sent to Ms. McCullogh was returned to sender.

09/09/2015 Case submitted for closure with Investigator's recommendation.

10/02/2015 The Complaint Committee voted to accept Staff's recommendation.

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C. 2 DISCUSSION ITEM 15-01204 Case: Stacey Cochran CIP#: 15-136 IA#: 14-062S

Involved Officer(s): Jackie Coello, 28572 Luis Rodriguez, 6076

Allegation(s): Improper Procedure Discourtesy

DOI: March 20, 2014

Investigated by: Elisabeth Albert

Ms. Cochran alleged that Officers Rodriguez and Coello never asked her what happened during the incident and incorrectly named her sister who was not at the incident location as the offender, and that Officer Rodriguez was discourteous.

Ms. Cochran advised Internal Affairs that she drove to Ocean Bank, 1000 Brickell Avenue, with Willow Cochran (mother) and parked in a designated handicapped parking space to use the ATM. Before she could exit her vehicle Nancy Prim, who was working as a security guard at the bank, approached her car and knocked on the window and asked what she was doing at the location. Ms. Cochran exited her vehicle and told Ms. Prim, who continued to question her, "Excuse me ma'am. Get out of the way." Ms. Prim pushed the Complainant, who contacted 911 to request police and fire rescue assistance. When the officers arrived they walked past Ms. Cochran even though she told them she was the one who called the police. Ms. Cochran returned to her car and re-contacted 911 to request a supervisor. Fire Rescue arrived and evaluated Ms. Cochran who had recently had surgery on her jaw and was complaining of sore ribs. Ms. Cochran was advised by the officers she was wasting their time because there were three witnesses and she could go to jail. She remained on the scene for an additional 20 minutes, but no police supervisor arrived and no one requested her or her mother's information so she left and drove to MPD Central Station where she was referred to Internal Affairs.

Willow Cochran advised Internal Affairs she observed Ms. Prim push her daughter and ask her, "Where are you going" as she exited the car. Her daughter told the lady it was none of her business and then returned to the car and called the police. Ms. Cochran observed the officers arrive and speak to Ms. Prim and two other females who were identified as witnesses even though they were not there when the incident occurred.

Ms. Prim oversees designated disabled parking spaces on the private property and is responsible for asking anyone parking on the property where they are

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going to ensure they are doing business at the building. Ms. Prim advised Internal Affairs that Ms. Cochran exited her vehicle furiously and pushed her up against a tree. Ms. Prim contacted the police and two officers and Fire Rescue arrived. Ms. Prim told Officer Coello what happened and was asked if she wanted Ms. Cochran arrested. Ms. Prim advised Officer Coello she wanted Ms. Cochran arrested but later saw her drive away. Ms. Prim saw both officers speak to Ms. Cochran on the scene.

Officer Coello told Internal Affairs that she was advised by dispatch that Ms. Prim was the complainant on the Assault call she was dispatched to. Officer Coello spoke to Ms. Prim and attempted to speak to Ms. Cochran but she refused to talk to her or provide her name. Ms. Cochran requested a supervisor and Fire Rescue. While Officer Coello had determined that Ms. Cochran was the aggressor and as she was gathering witness and Fire Rescue information she discovered Ms. Cochran had left the scene. From Ms. Cochran's vehicle tag number, Officer Coello was able to identify the vehicle owner whose name was documented in the police report.

Officer Rodriguez advised there was sufficient evidence to arrest Ms. Cochran on the scene but she left prior to the necessary information being obtained. Officer Rodriguez confirmed the name listed on the report was obtained by conducting a records check on the vehicle's tag. The request for the supervisor was cancelled after Ms. Cochran left the scene.

Internal Affairs closed the allegation of Discourtesy as Inconclusive because there were no independent witnesses to prove or disprove the allegation, and Sustained the allegation of Improper Procedure. Although Officers Coello and Rodriguez were found to be in violation of the below listed Departmental Orders, they received on duty training instead of discipline for this infraction because of the expiration of the 180-day investigative window.

Departmental Order 1, Chapter 11, Sections:

11.6 GENERAL RULES OF CONDUCT:

11.6.1.2 Members and civilian Employees to Know Rules and Regulations: It shall be the duty of all members and civilian employees of the Police Department to thoroughly familiarize themselves with such provisions of the Rules and Regulations that deal specifically and generally with the duties of their rank, grade, or position. This should occur within ten days from the date of issuance. Within thirty days of issuance, every member and every civilian employee shall familiarize himself or herself with all the provisions of the Rules and Regulations, as hereby directed, shall be considered negligence of duty and subject to disciplinary action.

11.6.17.9 Neglect or inattention to duty.

Departmental Order 11, Chapter 8, Sections:

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8.4.1 When to Make a Field Report: It is the policy of this department that when a police unit is dispatched on a call for police service, a field report shall normally be completed. Field reports must contain only facts. Conclusions or opinions of the police officer, unsubstantiated by facts, are improper and should not be included in field reports. A supplemental report shall be mad when the office's opinions or conclusions are that the complainant or witnesses are not believable. No reports are written for civil matters.

Departmental Order 11, Chapter 16, Section:

16.3.4 Fully and accurately completing the complaint/arrest and any other applicable reports.

CIP Staff contacted Ms. Cochran who forwarded photographs she believed would assist in our investigation. The pictures forwarded were taken the day Ms. Cochran had surgery, on the date of incident, and of signs posted at her bank instructing patrons to park where she was parked. She also provided screen shots of her three calls to 911.

The Simple Battery police report written by Officer Coello lists Ms. Prim as the victim and Juanita Cochran, who is the owner of the vehicle the Complainant was driving but was not on the scene, as the suspect. Because Ms. Cochran contacted the police she believes the officers were unfair and violated her rights for overlooking her.

A review of MPD communications records show there were four calls made to 911 about this incident. Ms. Cochran advised she parked in handicapped parking spot because she was handicapped and had just gotten out of the hospital, when a white Hispanic security guard pushed her into her car. Ms. Cochran requested Fire Rescue, and the call taker ensured they were notified and responding. Ms. Prim advised she was doing her job of asking people who parked where they were going when the Complainant began insulting her and then pushed her so hard she had to grab onto the Complainant to avoid falling down. Melba, a secretary from the incident location, called because she was told their security guard was being attacked. Ms. Cochran called back requesting a supervisor.

Police radio transmissions show officers were dispatched to a "32" (violent assault) reference a security officer assaulted by a black female. Fire Rescue was requested by the officers for the victim who had surgery and was hurting.

Attempts were made without success to contact Ms. Prim and the Principal Officers. A witness, Nielda Paz, advised she and her daughter were walking in the area and observed a large black female push a small security officer against a tree and start to hit her. A female officer arrived and attempted to calm the black female down. A male officer, and then Fire Rescue arrived. When Fire Rescue was done evaluating/treating the female Ms. Paz observed the female get in her car and maneuver it out of the parking spot as she left the area. Ms. Paz did not observe the officers being discourteous.

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Recommendation:

CIP Staff recommends that the allegation of Discourtesy be closed as Not Sustained because our investigation failed to disclose sufficient facts to prove or disprove the allegation, but to Sustain the allegation of Improper Procedure based on the officers violation of the above listed Departmental Orders.

Procedural History:

06/16/2015 The Internal Affairs ("IA") investigative report was obtained.

06/22/2015 Executive Director conducted a preliminary review of the case.

06/22/2015 Case assigned to Investigator Albert for investigation.

06/22/2015 A 10-day letter accompanied by the IA Report was forwarded to the Complainant.

06/22/2015 An initial notification letter was mailed to the Principal Officer.

06/30/2015 Officer Coello was hired on 12/28/2007 and has had 5 citizen complaints and 2 use of force incidents. Officer Rodriguez has had 1 administrative complaint and 2 citizen complaints.

07/09/2015 Ms. Cochran contacted the office and advised she wanted to pursue her complaint.

07/13/2015 A request was made for any/all 911 calls and police radio transmissions related to this incident.

07/13/2015 Fire Rescue reports were requested and advised there was no record found.

08/17/2015 A second request was made for recorded communications.

08/20/2015 Requested communication records received and reviewed.

08/21/2015 Witness notification letters were mailed to Lisa Garcia and Nielda Delarosa Paz.

08/21/2015 Witness officer notification was emailed to Sergeant Borkowski.

08/27/2015 Ms. Paz contacted the CIP after receiving the witness notification letter.

09/02/2015 An area canvas was conducted.

09/02/2015 Telephone contact was made with Ms. Cochran and an appointment was established for 09/08/2015. Email confirmation of the

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appointment was sent to Ms. Cochran.

09/08/2015 Witness notification letter emailed to Lisa Garcia was returned to sender.

09/08/2015 Ms. Cochran failed to keep, or call to cancel, her scheduled appointment with the CIP.

09/15/2015 Case submitted for closure with Investigator's recommendation.

10/02/2015 The Complaint Committee voted to accept Staff's recommendation.

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C. 3 DISCUSSION ITEM 15-01242 Case: Angela Connor (direct file) CIP#: 15-130 IA#: Unknown

Involved Officer(s): Peter Reynolds, 6006

Allegation(s): Discourtesy

DOI: June 24, 2014

Investigated by: Elisabeth Albert

Ms. Connor stopped to let a coworker out of the car in the parking lot of Winn Dixie Plaza, NW 54th Street and 11th Avenue. While she was stopped, an unmarked gray Ford Taurus pulled up beside her and the driver told her, with a nasty attitude, to move her car. Ms. Connor advised the person driving the car was on the phone and she did not know he was a police officer. As the Complainant pulled her vehicle forward, the car made a u-turn, activated red and blue lights and pulled her over. Officer Reynolds was rude and would not tell her why he had stopped her. Ms. Connor called 911 and asked for a supervisor to respond, but when the supervisor arrived she, too, was rude and told her to be quiet. The Complainant advised that when she asked for the officer's names and badge numbers, Officer Reynolds towed her vehicle even though she had someone coming to pick it up.

The Complaint was forwarded to Internal Affairs pursuant to Sec. 11.5-31 of the Civilian Investigative Panel (CIP) Ordinance #12188.

Miami Dade Clerk of Court records showed Ms. Connor was cited for Improper/Stopping/Double Parked/Where Prohibited (dismissed SAO) and Refused Obedience Police/Fire Officer (guilty, withhold adjudication).

CIP Staff attempted unsuccessfully to contact the co-worker who was with Ms. Connor's on the date of incident. Telephone contact was made with Steven Connor who advised he responded to the Winn Dixie Plaza to pick up his sister's car, but when he arrived he was told by Officer Reynolds to, "Back up, leave, or I'll take you to jail too." Mr. Connor left the scene to avoid being arrested.

Officer Reynolds advised Staff that he observed Ms. Connor blocking the roadway, forcing vehicles to drive around her. He requested twice for her to move her vehicle and she did not move it. When Officer Reynolds asked her for the third time to move her vehicle he had already determined he was going to pull her over. As Officer Reynolds turned his vehicle around, Ms. Connor pulled forward. Officer Reynolds asked Ms. Connor for her driver's license, registration and insurance but she refused to give it to him. Officer Reynolds requested backup and when they arrived she was asked to step out of the car. Ms. Connor

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refused to get out of the car or provide her ID until after she was taken into custody. Officer Reynolds advised he was "affirmative" but not rude. Officer Reynolds advised when the Complainant's brother arrived he was very rude and used profanity against him and others on the scene.

The on-duty Winn Dixie Store Manager was contacted but did not recall the incident.

Ms. Connor's calls to 911 were reviewed. In her first call, Ms. Connor advised she was being harassed. A male voice can be heard in the background telling her to park her car and then the line is disconnected. Ms. Connor re-contacted 911 and advised she was being harassed by an officer in a dark blue uniform in an unmarked car. After the male voice requested Ms. Connor's vehicle registration, the call-taker told Ms. Connor, "he is asking for your registration," and told her to comply and give him what he is asking for. Ms. Connor advised she was waiting for her Auntie to come out of the beauty salon and asked for a supervisor because she was being harassed and did not like it. Ms. Connor advised the call-taker that the officer told her she was under arrest. The call-taker asked Ms. Connor if she gave the officer her vehicle registration and she advised she was trying to give it to him now.

Police radio transmissions were reviewed. Between Ms. Connor's two calls to 911, Officer Reynolds requested backup because he had a female refusing to step out of her vehicle or give him her driver's license or registration. Officer Reynolds advised the dispatcher he believed Ms. Connor was on the phone with 911, and then advised the female was disobeying his orders and was going to be arrested.

Officer Reynolds was hired on 01/13/1992 and has had 14 citizen complaints and 7 use of force incidents.

Recommendation:

CIP Staff recommends that the allegation of Discourtesy against Officer Reynolds be closed as Not Sustained because our investigation failed to disclose sufficient facts to prove or disprove the allegation.

Procedural History:

06/11/2015 Direct file was received and forwarded to City Attorney George Wysong.

06/12/2015 Executive Director conducted a preliminary review of the case.

06/12/2015 Case assigned to Investigator Albert for investigation.

06/15/2015 An initial notification letter was mailed to the Principal Officer.

06/15/2015 A request was made for any/all documents related to the arrest of

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the Complainant.

06/15/2015 Telephone contact was made with Steven Connor.

06/15/2015 Attempted to contact witness Tootsie Roll (witness) and was advised her husband she was not home.

06/16/2015 Officer Reynolds contacted the CIP and advised he was willing to cooperate with our investigation.

06/24/2015 Attempted to contact Tootsie Roll but there was not answer or way to leave a message.

06/25/2015 Ms. Connor contacted the CIP to advise an Internal Affairs investigator has been attempting to contact her. Ms. Connor was advised to cooperate with the IA investigation.

07/09/2015 Ms. Connor's Arrest Affidavit was received and reviewed.

07/09/2015 Attempted to contact Tootsie Roll but there was not answer or way to leave a message.

07/17/2015 Ms. Connor contacted the CIP and advised that she was never parked and her car was never turned off.

07/17/2015 A request was made for any/all calls to 911 on 06/24/2014 from Ms. Connor's phone.

08/17/2015 A second request was made for recorded communications.

08/20/2015 Requested communications received and reviewed.

08/25/2015 A request was made for the P-sheets for the date of incident.

08/25/2015 Witness notification letters were emailed to Sergeant Barfield and Officer Dorcely.

09/10/2015 Attempted to contact the Winn Dixie Store Manager, Jackson, and was advised he was not working.

09/15/2015 Telephone contact was made with Jackson Joseph, Winn Dixie Manager.

09/15/2015 An email request was sent to IA for the status of their investigation.

09/16/2015 An invitation to testify was mailed to the Complainant and emailed to the Principal Officer.

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09/18/2015 Case submitted for closure with Investigator's recommendation.

10/02/2015 The Complaint Committee voted to accept Staff's recommendation.

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C. 4 DISCUSSION ITEM 15-01253 Case: Angela Chain CIP#: 15-157 IA#: 15-094N

Involved Officer(s): Alexi Figueroa, 40747

Allegation(s): Improper Procedure Abusive Treatment* Discourtesy*

DOI: May 16, 2015

Investigated by: Elisabeth Albert

Ms. Chain alleged Officer Figueroa was physically rough with her and arrested her for Driving Under the Influence (DUI) even though no road-side sobriety tests were administered and she was not given a breathalyzer test to determine if she was drunk. Ms. Chain stated Officer Figueroa did not observe her inside or driving a vehicle.

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

Miami Dade Clerk of Court records show Ms. Chain was arrested for Disorderly Intoxication (withhold adjudication with fine and costs) and Resisting Officer Without Violence (withhold adjudication with fine and costs). She received traffic citations for Open Container (pled not guilty, dismissed officer), Improper Stop/Stand/Park on Sidewalk (pled not guilty, dismissed officer), and Driving While License Suspended/Knowingly (pled not guilty, dismissed officer).

CIP Staff met with Ms. Chain to clarify her complaint. Ms. Chain advised she was visiting her boyfriend at 6820 NW 2nd Avenue, #3, when she had an altercation with Sophia Calixte who called the police. The police arrived, and after speaking to both parties told Ms. Chain she was drunk and instructed her to go back into the apartment. Ms. Chain complied and took her two (2) grandchildren (ages 2 and 5) with her. Ms. Chain was preparing to take a shower when her boyfriend (Ronald Jean-Mary) called her to the front door where she was told, "turn your ass around, you are going to fucking jail." The male officer handcuffed her and told her she was under arrest for being intoxicated, and then pulled her handcuffed hands up and patted her down. Ms. Chain told officers her handcuffs were too tight before they put her in the police car, but her complaint was not addressed. Ms. Chain requested a supervisor and a female officer responded but only spoke with the officers. Ms. Chain was told she needed to call someone to watch her grandchildren or the officers would call DCF but she was handcuffed and unable to comply.

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While being transported the officer stopped abruptly causing her to slide forward and strike her face on the plexiglass partition causing injury to her forehead area. When they arrived at the Northern District Station the officer lifted Ms. Chain's handcuffs up and pushed her from behind into the station causing her pants to fall down. Officers at the station advised the Complainant they would not assist her until she pulled up her pants. Ms. Chain was not able to pull up her pants because she was handcuffed tightly behind her back. Ms. Chain requested Fire Rescue respond for her head injury, but after they arrived and talked to officers they did not treat her.

Staff reviewed the Fire Rescue report which stated Ms. Chain was "aggressive towards crew" and "had no complaints and said she knows the system and would rather sleep in the hospital than in jail." It does not appear that Ms. Chain was evaluated or treated.

The Vehicle Storage Receipt the vehicle was towed because the driver was arrested. Officer Odio (29324) was the Impounding Officer. Ms. Chain's Arrest Affidavit shows she was arrested because she would not cooperate with officers who responded for a reported Battery, and for causing a disturbance. The Arrest Affidavit does not mention Ms. Chain driving or being inside a vehicle.

Attempts were made with negative results to contact the Principal Officer and Witness Officers.

Staff responded to the incident location and met with Ms. Calixte who advised MPD did not observe Ms. Chain driving or in the vehicle that was improperly parked across the sidewalk with a beer visible from the outside. Ms. Calixto did not hear officers use profane language with Ms. Chain but she did believe that the Spanish officer was rude in the way he addressed Ms. Chain.

The call to 911 made by Ms. Calixte was reviewed. Ms. Calixte contact 911 and requested police assistance with her possibly intoxicated neighbor who hit her in the mouth and threatening to have her busted up.

Telephone contact was made with Betty Shaw who advised Ms. Chain's vehicle had been legally parked all day and that officers did not observe her driving it. She stated that Ms. Chain was but complied when officers instructed her to go into the apartment. Officer Figueroa then knocked on the door to the apartment and when Ms. Chain came out she was handcuffed and taken out to the police car. Ms. Shaw volunteered to take Ms. Chain's grand kids who were on the scene into her apartment but Officer Figueroa told her the kids were going to DCF.

Telephone contact was made with Ronald Jean-Mary who advised Ms. Chain was inside his apartment with her grandchildren when the police came and told her to come outside. When Ms. Chain went outside she was placed in handcuffs in front of her grandchildren and put into the police car. The officer requested the car keys from Mr. Jean-Mary. Mr. Jean-Mary attempted to tell the officer Ms. Chain had not been driving but officer told him to leave.

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

Recommendation:

CIP Staff finds no documentation or witness accounts to show that Officer Figueroa observed Ms. Chain operating a motor vehicle, and conflicting statements on if the vehicle towed by officers was parked on private property or partially on private property across the sidewalk. Yet Officer Figueroa cited Ms. Chain with a criminal citation of Knowingly Driving with A Suspended License, Open Container, and Improper Stop/Stand/Park on Sidewalk, and Officer Odio towed a vehicle registered to a third party not on the scene under MPD case 150516-144246 because the driver was arrested. Note: MPD case 150516-144246 was the non-traffic related arrest of Ms. Chain for Disorderly Intoxication and Resisting Officer without Violence.

Staff finds there is sufficient facts to Sustain the allegations of Improper Procedure and Discourtesy , but we recommend the allegation of Abusive Treatment be closed as Not Sustained. We find Officer Figueroa is in violation of the below listed Departmental Orders:

DO 1, Chapter 11, Rules and Regulations:

11.6.1.2 Members and civilian Employees to Know Rules and Regulations: It shall be the duty of all members and civilian employees of the Police Department to thoroughly familiarize themselves with such provisions of the Rules and Regulations that deal specifically and generally with the duties of their rank, grade, or position. This should occur within ten days from the date of issuance. Within thirty days of issuance, every member and every civilian employee shall familiarize himself or herself with all the provisions of the Rules and Regulations, as hereby directed, shall be considered negligence of duty and subject to disciplinary action.

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 the United States of America.

11.6.13 Conduct, Department:

11.6.13.1 Responsibility of Members: Members of the Department, at all times within the boundaries of the city of Miami, shall observe the laws; preserve the public peace; prevent crimes; detect and arrest violators of the law; protect life and property; enforce all criminal laws of the federal government, the State of Florida, the County of Miami Dade, and the ordinances of the city of Miami, of which the Police Department takes cognizance; and render services to the city and citizens of the city with zeal, courage, discretion, fidelity, and loyalty.

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11.6.13.6 Tact and Consideration: Members and civilian employees should remember that tact and consideration will be of great value in any work that is to be done, and they should cultivate the ability to meet and deal with people easily.

Procedural History:

06/29/2015 The Internal Affairs ("IA") investigative report was obtained.

07/01/2015 Executive Director conducted a preliminary review of the case.

07/01/2015 Case assigned to Investigator Albert for investigation.

07/01/2015 A 10-day letter accompanied by the IA Report was forwarded to the Complainant.

07/01/2015 An initial notification letter was mailed to the Principal Officer.

07/01/2015 A request was made for any/all documents related to the arrest of Angela Patrice Chain.

07/01/2015 Ms. Chain's booking photograph was requested and received.

07/09/2015 Ms. Chain's Arrest Affidavit and Vehicle Storage Receipt were received and reviewed.

07/14/2015 Ms. Chain contacted the CIP and provided her new address and requested the correspondence be re-mailed. A copy of the documents was mailed to the Complainant.

07/27/2015 Ms. Chain contacted the CIP and a meeting was established for 07/29/2015 at 1000 hours.

07/29/2015 M. Lucas and I met with Ms. Chain in her home.

07/30/2015 Witness notification letters emailed to Sergeant Starks and Officer Odio. An automatic reply was received advising Officer Odio was out on FMLA.

07/30/2015 Request was made for copy of Crime Scene photographs.

07/30/2015 A copy of the Arrest Affidavit and citations were mailed to Ms. Chain.

07/31/2015 Responded to the incident location and met with Sophia Calixte, and attempted to meet with Mr. Jean-Mary. A business card was left in Mr. Jean-Mary's door requesting he contact the CIP.

08/03/2015 A telephone message was received from Mr. Jean-Mary.

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08/03/2015 A request was made for the 911 calls made by Ms. Calixte, and for any/all police radio transmissions made by Officer Figueroa in reference to incident #150516-144246.

08/20/2015 Advised the Communications Unit was being worked out of a backup site and the dispatch channels were not recorded.

08/27/2015 Telephone contact was made with Ms. Shaw.

09/16/2015 Invitation to testify was mailed to the Complainant and emailed to the Principal Officer.

09/18/2015 Telephone contact was made with Mr. Jean-Mary by telephone.

09/21/2015 Case submitted for closure with Investigator's recommendation.

10/02/2015 The Complaint Committee voted to accept Staff's recommendation.

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C. 5 DISCUSSION ITEM 15-01179 Case: Renita Holmes CIP#: 15-054 IA#: C15-063S

Involved Officer(s): Donovan Nicholson #5237

Allegation(s): Improper Procedure

DOI: March 19, 2015

Investigated by: Michael Lucas

Procedural History: Ms. Holmes filed this complaint directly with the CIP on March 24, 2015. The complaint was sent to Internal Affairs on the same date. As of August 19 , 2015, the matter is still open and assigned to the Communications Deputy Commander.

Complaint: Complainant said she went to the Miami Police Department on March 19, 2015 to get a copy of a police report. She was confronted by a police employee known only as "Maggie." Maggie banged on the counter and spoke in an inappropriate manner. Complainant feels Maggie's behavior was threatening. Complainant spoke to Sgt. Donovan Nicholson who refused to allow the complainant to file a complaint.

Sergeant Nicholson was invited to attend the Complaints Committee but did not appear. Ms. Holmes did not appear.

Departmental Orders Considered: Departmental Order 2 , Chapter 2 , 2.4.1 Internal Investigations: Reporting of Complaints. Any supervisor or commanding officer that first receives information of an alleged violation, even when it is believed to be unfounded will make this report.

Recommendation:

Improper Procedure: Not Sustained. Other than the complainant's statement, there is no other evidence to corroborate Ms. Holmes' allegation.

Procedural History:

03/24/2015 The complainant arrived at the CIP office to direct file this complaint.

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03/24/2015 The Executive Director conducted a preliminary review of the case.

03/24/2015 Complaint form emailed to Police Legal Advisor George Wysong for follow up by Internal Affairs.

03/25/2015 Independent Counsel conducted a preliminary review of the case.

03/25/2015 Case assigned to Investigator Lucas for investigation.

04/20/2015 Email sent to Internal Affairs requesting update on case status.

04/22/2015 Received email from Internal Affairs saying that case is still open.

05/12/2015 Email sent to Internal Affairs requesting update on case status.

05/15/2015 Received email from Internal Affairs saying that case is still open.

06/26/2015 Email sent to Internal Affairs requesting update on case status

08/14/2015 Email sent to Internal Affairs requesting update on case status

08/19/2015 Received email from Internal Affairs saying that case is still open.

08/25/2015 Requested Internal Affairs file.

08/31/2015 Advised by Internal Affairs that the investigation is ongoing.

09/04/2015 To date, CIP Staff has not been able to obtain a statement from the principle officer, Sergeant Donavan Nicholson. The Internal Affairs investigation is still open. Therefore any statement Sergeant Donovan may have provided to Internal Affairs is not available.

09/04/2015 Case submitted for closure with Investigator's recommendation.

10/02/2015 Complaints Committee voted to accept staff recommendation.

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C. 6 DISCUSSION ITEM 15-01201 Case: Fred Butler CIP#: 15-155 IA#: 15-116N

Involved Officer(s): Luis Sanchez #27988 Albert Pacheco #5461

Allegation(s): Improper Procedure

DOI: May 23, 2015

Investigated by: Michael Lucas

Procedural History: Mr. Butler directly filed this complaint with the CIP on July 6, 2015. He also filed a complaint with Internal Affairs on June 16, 2015. Internal Affairs classified the matter as a False Arrest and assigned a finding of Non Complaint.

Complaint: Mr. Butler explained that on May 23, 2015 he was stopped and arrested for an incident which occurred on May 1, 2015. The arrest was based on previous probable cause that was reported by Officer Sanchez on May 23rd. The arrest was for Distribution/Sale of Cocaine which occurred at Grand Avenue and Margaret Street. There was no warrant. Mr . Butler claims that he did not know the co-defendants and did not commit this crime. The State Attorney No Actioned this case on June 15, 2015 and he was released from custody. There was no reason cited in the docket to indicate why the matter was closed by the State Attorney.

Mr. Butler also complained that he was arrested for Threatening a Public Servant on May 4 , 2015. He was held in custody. The criminal complaint was closed with the notation, "No Action," on May 26 , 2015. He complained that the charge concerning the distribution of cocaine were not imposed during the time of his incarceration, despite the fact that it pre-dated the arrest on May 4, 2015.

Mr. Butler said that he began to have problems with Officer Sanchez and Sergeant Pacheco since Thanksgiving of last year, when he was arrested for trespassing. This arrest was confirmed in his criminal record.

The police report associated with the arrest on May 23, 2015 indicated that May 1, 2015 Officer Desai observed Lawrence Griffiths and Hugh Boord particpate in a drug transaction at the corner of Grand Avenue and Margaret Street. Officer Sanchez assisted Officer Desai and followed these two codefendants in an unmarked police car. Officer Sanchez heard Mr. Giffiths say to Mr. Butler, "Fucking police. They tried to intercept me buying this fucking crack for you, Fucking Freddy." Officer Sanchez saw Mr. Girffiths reach into his pocket and

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take out a glass pipe and say, "here' s the crack." He handed the item to Mr. Butler and the defendants walked into the park and sat on a bench. When Officer Sanchez approached, he saw Mr. Butler holding a glass pipe in his hand and he dropped the crack rock. The officer retrieved the drugs and sent them to the lab. Officer Sanchez then arrested him based on probable cause on May 23, 2015.

Sergeant Pacheco was interviewed by the CIP investigator. He said that he supervises the Coconut Grove Problem Solving Team. He explained that Officer Sanchez saw Mr. Butler make a narcotics transaction on May 1 , 2015. The other person was arrested and the drugs were recovered. Mr. Butler escaped arrest on that day, but Sergeant Pacheco was not worried about pursuing him because he knows him. Then on May 23, 2015, he saw Mr. Butler at the farmer's market and verified that Officer Sanchez had probable cause to arrest Mr. Butler from the prior incident. Sergeant Pacheco further said that Mr. Butler was causing a disturbance at the farmer's market and the vendors complained that he was loud and argumentative with customers. He was asked why these charges were not imposed while Mr. Butler was in custody and Sergeant Pacheco said that he was unaware that Mr. Butler was arrested or in custody on other charges.

Sergeant Pacheco added that he has known Mr. Butler for 20 years and he is a, "buffer." He buys drugs for people who are scared to go into the Grove. He is the runner who goes and buys the drugs in exchange for money or a portion of the drugs.

Departmental Orders Considered: Departmental Order 11 , Chapter 16.2 - Organization: It is the function of every sworn member of the Miami Police Department to enforce all laws in a fair and impartial manner, recognizing both the statutory and judical limitations of police authority, while protecting the constitutional rights of all persons and arrest violators when appropriate. Departmental Order 11, Chapter 16.4.1 - Establish Probable Cause for the Arrest

Recommendation: CIP Staff recommends that the allegation of Improper Procedure against Sergeant Pacheco and Officer Sanchez be not sustained. A police officer may make a warrantless arrest for a felony based on probable cause. The court docket does not indicate the reason for the dismissal of these charges, so it is not known why the State Attorney made this decision. There is insufficient evidence to prove or disprove the allegation of improper procedure because of the two differing accounts provided by the complainant and the sergeant.

Investigative Notes:

07/06/2015 The complainant came to The CIP office to file this complaint. Complaint provided Internal Affairs letter advising their investigation was closed as a Non-Complaint.

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07/06/2105 The complainant provided a recorded statement. During his statement the complainant advised the following: Prior to being arrested he was employed. He lost everything as a result of being arrested. The complainant stated that on May 23 he was at the farmer's market when officers approached him and told him to put his hand behind his back. He asked why and was told that he was being arrested for sale of cocaine within 1000 feet of a school. He was with a male named James Hinton, working as a parking attendant prior to the officer approaching him. So he didn't know what the officers were talking about. He complied because he thought it was something dealing with a misdemeanor. While he was in the back seat of the police car, he ask the officer what he being charged with "disturbing the peace or something like that" and the officer replied that he was being arrested for sale of cocaine on May1st and he was going to prison. The officer had no warrant but only had an A form with his name on it. When asked about the other persons listed on his arrest form as co-defendants, the complainant stated that he does know the two persons but he has not seen either one in several months so he doesn't understand how their names ended up on his arrest form. The complainant stated that he has no involvement with drugs. He doesn't use drugs, sell drugs. He doesn't know the officer who arrested him. He only knows the officers from seeing them in the neighborhood, but they have been giving him a hard time since Thanksgiving last year. He was arrested the day before Thanksgiving for Trespass and Threatening a Public Servant. The case was dismissed and he feels this is part of ongoing harassment. The officers involved are any officers that work with Sgt. Pacheco and that includes Officer Sanchez and some others. He wants something to be done because he feels that his civil rights were violated because no crime occurred and he was still arrested.

07/07/2015 The Executive Director conducted a preliminary review of the case.

07/07/2015 Case assigned to Investigator Lucas for investigation.

07/01/2015 An initial notification letter was sent to the Principal Officers.

07/08/2015 Received Internal Affairs profiles for Sergeant Albert Pacheco and Officer Luis Sanchez. • Sergeant Pacheco was hired May 02 , 1989. He has received 18 citizen complaints, 1 administrative complaint, and has 10 use of force incidents noted. • Officer Sanchez was hired January 03, 2007. He has received 10 citizen complaints and has 13 use of force incidents noted.

07/17/2015 Sergeant Pacheco contacted CIP staff to provide his contact information. Sergeant Pacheco stated that he is willing to provide a statement.

07/27/2015 Received the entire Internal Affairs file.

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07/27/2015 The complainant came to the CIP office to check on the status of his complainant. Complainant stated that he could not find Witness Larry Merchant. The complainant provided a contact number.

08/03/2015 CIP staff made contact with Sergeant Pacheco to schedule a statement time. Sergeant Pacheco agreed to come to the CIP officer on August 11, 2015 at 1:00 pm to provide a statement.

07/27/2015 The complainant came to the CIP office to check on the status of his complaint.

08/11/2015 Received a telephone call from Sergeant Pacheco requesting to change the time of his statement. The statement was rescheduled for August 14, 2015 at 1:00 pm.

08/14/2015 Sgt. Pacheco provided CIP with statement in CIP office.

08/20/2015 The complainant came to the CIP office and stated he is being harassed by officers. He also stated that he has two witnesses and he will provide their information.

08/27/2015 Attempted to contact the complainant at the telephone number he provided. A message was left for the complainant to contact the CIP in reference to obtaining his witness information.

09/03/2015 Attempted to contact the complainant at the telephone number provided. A message was left for the complainant to contact the CIP in reference to obtaining his witness information. Spoke to Jessie Jones who stated that he is the complainant's brother in-law. Mr. Jones stated that the complainant does not live with him. He lives in Coconut Grove and he rarely sees the complainant but when he does he will tell the complainant to contact the CIP.

09/08/2018 The complainant came to the CIP office to check on the status of his complaint. The complainant did not have contact information for the witnesses.

09/09/2018 The complainant came to the CIP office to check on the status of his complaint. The complainant stated that he could not find anyone of the people who witnessed this incident.

09/09/2015 Case submitted for closure with staff recommendation.

10/02/2015 Complaints Committee voted to accept staff recommendation.

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C. 7 DISCUSSION ITEM 15-01078 Case: Kristopher Taylor CIP#: 15-166 IA#: 15-118N

Involved Officer(s): Kennietha Johnson #3468

Allegation(s): Discourtesy Racial Profiling Improper Procedure

DOI: June 16, 2015

Investigated by: Michael Lucas

Procedural History: This case was received by the CIP from Internal Affairs on July 9, 2015. Internal Affairs classified the matter as a negligence of duty and closed it as a non-complaint. At internal affairs, Mr . Taylor said that he was racially profiled by the officer who stopped him for speeding. He was found to have a suspended license and a bench warrant and was arrested. When he made his complaint, he was told that the officer who stopped him was a black woman and he became irate. He failed to follow up on his complaint and it was closed. The CIP contacted the complainant and he agreed to come in and give a statement.

Complaint: Mr. Taylor told CIP investigator that he was homeless and driving to work at midnight on June 16, 2015. He was wearing only his underwear. He claimed that he was stopped by a white male officer who approached him with his gun pointed at him. Shortly after, a black woman officer arrived and stood behind a tree with gun drawn. He was ordered out of the car and a third officer arrived. He said the black woman officer said, "where are going, I got one of them nigger." He was placed in the back seat of the black woman officer's car and was held in the back seat of the car for three hours before being told he had a bench warrant. The officer towed his car. He asked for her not to tow the car and she took the remote starter from his pocket. He claims to have been held in the car with no air conditioning for five hours. He claims that he was taken to TGK at 5 AM.

When asked to explain why he felt this stop was racially motivated, he explained that it was twelve o'clock at night and three cops are not going to be riding around, pulling people over. He also said it was because the officer did not issue him a warning and let him go and the officers taunted him, tortured him and searched his car.

Investigation: The reports associated with this arrest were reviewed. Officer Kennietha Johnson stopped this car at 12:22 AM at NW 27th Avenue and 21st

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Street. The reason for the stop was for speeding. She initiated that stop and wrote citations for Speeding, No Tag, and Suspended License. He also had a bench warrant. She arrested him on the warrant and towed his car. She went back into service at 2:36 AM. The records from the jail indicate that Mr. Taylor was booked at 2:05 AM.

Departmental Orders Considered:

Discourtesy: Departmental Order 1, Chapter 11, Section 11.6.13.3 Courtesy toward the public and each other is demanded of all members and civilian employees of the Department. Members and civilian employees (in their conduct and deportment) shall always be quiet, civil, orderly, and courteous. Even in the face of great provocation, they shall be diplomatic in the performance of their duties; and they shall serve the City in the discharge of their duties by controlling their tempers and exercising the utmost patience and discretion. When required, they must act with firmness and with sufficient energy to properly perform their duties. They shall at all times refrain from using coarse, violent, profane or insolent language.

Racial Profiling: Departmental Order 15, Chapter 4, 4.1 It is the policy of the Miami Police Department to provide police services that are fair, unbiased , judicious, and respectful of the dignity of all individuals. The department's legitimate objective to protect the public by enforcing the law shall be reached through enforcement actions towards individuals, which are not based solely upon that individual's race, ethnicity, gender or national origin.

Improper Procedure - Tows - Departmental Order 14, Chapter 4.4.3.3 Vehicle Owner or Driver Placed in Custody: If possible, the vehicle should be released to another person's owner signed the Election to Leave Vehicle Form, RF # 228.

Improper Procedure - To Be Booked Without Delay, Departmental Order 1 , Chapter 11, 11.6.5.6 A member making an arrest shall convey the prisoner or cause him to be conveyed, to the appropriate prisoner processing facility to be booked without delay. He/she shall not, at any time, accompany him to his home or room or elsewhere, except with the consent of a superior officer. Under normal circumstances a prisoner will not be kept in a transporting vehicle for over one (1) hour. All prisoners will be taken to their point of detention as expeditiously as possible.

Recommendation:

Discourtesy: Not Sustained: The complainant alleges that Officer Johnson called him a name. There was no support for this allegation, and thus, CIP staff recommends a finding of Not Sustained.

Racial Profiling: Unfounded. The complainant was stopped for speeding. Race does not appear to be a factor. He was arrested on a bench warrant.

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Improper Procedure: Exonerated. The complainant's car was towed because there was no one else available to take the car. This is consistent with the Departmental Order.

Improper Procedure: Booked without Delay. Unfounded. Mr. Taylor said he was detained in the back seat of the patrol car for six hours. Records show he was booked within 2 hours of the traffic stop.

Procedural History:

07/09/2015 The Internal Affairs ("IA") investigative report was obtained.

07/13/2015 The Executive Director conducted a preliminary review of the case.

07/13/2015 Case assigned to Investigator Lucas for investigation.

07/13/2015 A 10-day letter accompanied by the Internal Affairs Report was forwarded to the Complainant.

07/13/2015 An initial notification letter was sent to the Principal Officer.

07/24/2015 10-day letter returned by USPS with a notation of Return to sender, Unable to forward.

07/30/2015 An Accurint check revealed a possible current address for the complainant. A second 10-day letter and copy of the Internal Affairs report was sent to this address.

08/07/2015 Received Internal Affairs profiles for Officer Johnson. Officer Johnson was hired June 01, 1998. She has received 6 citizen complaints and has 2 use of force incidents noted.

08/07/2015 10-day letter returned by USPS with a notation that the address is vacant.

08/11/2015 A second Accurint check found no other addresses for the complainant.

08/12/2015 CIP Staff attempted contact with the complainant at the address listed on the Internal Affairs report. The current resident stated that the complainant does not live at this address and she doesn't know the complainant.

08/12/2015 To date, CIP staff has been unable to make contact with the complainant. The Internal Affairs report has no phone number listed for the complainant. Letters sent to two possible addresses have been returned by the USPS. An attempt to contact the complainant in person was unsuccessful.

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08/24/2015 The complainant came to the CIP office and provided verbal account of what occurred on June 16, 2015 prior to providing a recorded statement. The complainant then provided a recorded statement. During his verbal statement the complainant advised the following: On he was driving a 2013 white Lexus 200h. He was stopped by a white male officer who told him to give his license, registration, and proof of insurance at gunpoint. Shortly, a black female officer arrived and stood behind a tree with her gun drawn also. He was ordered out of the car and did not want to get out because he wearing just his underwear. The white male officer grabbed him and placed him in the back seat of his vehicle without handcuffing him. A third officer arrived and told the first two officers that he did not like how they handled the situation so he was leaving. He heard the black female officer say "where you going, I got one of them niggers." The white male officer then began to take pictures of him in the backseat of the police vehicle wearing just his underwear. He sat in the rear of the police vehicle for five hours while the officer finished her paperwork. He ask the officer if was in trouble and she replied yes. He asked the officer if she could just give him a ticket and let him go and the officer replied no. After a couple officers she checked the computer and found that he had a warrant. The officer told him that his car was being towed. He asked if he could be allowed to press the customer assist button inside his vehicle so that Lexus could send someone to tow the vehicle and the officer told no. He was searched by the officer and the officer took his vehicle key. He told the officer that he was told that he was told that the key should never leave his person. The officer took the key and threw it inside his car. Later he saw the tow truck driver driving the car away with the door open. During this recorded statement the complainant give the following account of what occurred: He had just gotten a new job. It was 12 o'clock midnight and he was heading to work. He was south bound on NW 27 Ave. coming from NW 36 Street going toward NW 20 Street to cross the Miami River. As he crossed over NW 36 Street he was " accosted by the police." In his rearview mirror, he noticed a car darting in and out of traffic. He pulled over to allow the car to pass and the officer turned on his blue and red lights. He pulled in the parking lot of an apartment complex where the girlfriend of a friend lives and waited for the command to get out of the vehicle. Over the PA system he heard the officer say get out the car, registration, Insurance and driver's license. When he got out the car he was wearing only his underwear. He explained to the officers that he was homeless and was on his way to his new job. The officer screamed at him, with his gun drawn, asking is there anyone else in the car. The officer circled the car and asked

09/04/2015 Case submitted for closure with staff recommendation.

10/02/2015 Complaints Committee voted to accept staff recommendation.

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C. 8 DISCUSSION ITEM 15-01168 Case: Alfred Berry CIP#: 15-172 IA#: 15-053

Involved Officer(s): Sharon Barfield #0276 Cherie Bryant #0695 Rayford Shipman #6458

Allegation(s): Discourtesy

DOI: March 5, 2015

Investigated by: Michael Lucas

Procedural History: Internal Affairs received this complaint by letter on March 16, 2015. The complainant wrote a letter alleging discourtesy against Sergeant Sharon Barfield and Officers Cherie Bryant and Rayford Shipman. Internal Affairs was uanble to obtain a statement from Mr. Berry , so they closed the case as Unsupported. Neither the officers nor Sergeant Barfield were interviewed with regard to the allegations. The file was forwarded to the CIP on July 28, 2015.

Complaint: A neighbor called the police on March 5, 2015 at about 6 AM to report a suspicious car in the alley behind her house which was blocking her driveway. Officers Bryant and DeWitt were dispatched. Mr. Berry claims that he ws sitting in his car, wearing his pajamas, talking to a woman about an event that he was planning. He rushed out of his house at about 4:45 AM and took his work clothes with him in order to go directly to work at 6AM. He works for Miami Dade County Public Works. Mr. Berry did not provide contact information for the woman to the CIP.

Mr. Berry was sitting in the running car when he was approached by the officers, who had unholstered their weapons. His vehicle windows were tinted. He was ordered by Officer DeWitt to unlock the door and lower the windows. Officer Bryant had his firearm pointed at him and the complainant advised he had a firearm in the car. Officer Bryant asked where the firearm was and he explained it was on the seat right beside him. The passenger moved and reached for the weapon. The officers became angry and the officers pulled him out of the car and handcuffed him. About 5 or 6 other officers arrived, including Sergeant Barfield.

When Sergeant Barfield arrived, he said that she insinuated that he was having sex with the passenger in the car. He was asked for his concealed weapon permit and could not find it. He suggested that Officer Bryant run it in the data base. She did and it returned suspended because of a domestic violence injunction.

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Sergeant Barfield then instructed the officers to, "charge his ass with CCF." He said that Sergeant Barfield told him that he was starting her damn morning off wrong putting her officers in a compromising position. His car was towed and he claims that Sergeant Barfield made a rude remark to his passenger about a $20 bill that was found in the car. Mr. Berry further alleged that Officer Shipman asked whether he was having oral sex with his passenger while he was patting him down.

Mr. Berry felt that the behavior was unethical and disrespectful.

Despite numerous requests for the contact information of his passenger, Mr. Berry did not provide this. The police report did not include her name. There were no further witnesses.

Departmental Orders: Departmental Order 1, Chapter 11 , Section 11.6.13.5 & 6: Members and civilian employees are required to be courtesous in their contact with the public. Attitudes of effrontery, egotism, and superiorty by officers in such contact will not be tolerated. Members and civilian employees should remember that tact and consideration will be of grat value in any work that is to be done, and they should cultivate the ability to meet and deal with people easily.

Recommendation:

CIP Staff recommends that the allegation of discourtesy against Sergeant Barfield, Officer Bryant, and Officer Shipman be Not Sustained because there is insufficient evidence to prove or disprove the allegation.

Procedural History:

07/28/2015 The Internal Affairs ("IA") investigative report was obtained.

07/29/2015 The Executive Director conducted a preliminary review of the case.

07/29/2015 Case assigned to Investigator Lucas for investigation.

07/29/2015 A 10-day letter accompanied by the Internal Affairs Report was forwarded to the Complainant.

07/29/2015 An initial notification letter was sent to the Principal Officers.

08/06/2015 Received Internal Affairs profiles for Sergeant Sharon Barfield, Officer Rayford Shipman and Officer Cherie Bryant. · Sergeant Barfield was hired March 10, 1989. She has received 39 citizen complaints, 1 administrative complaint and has 1 use of force incident noted. · Officer Shipman was hired November 28, 1990. He has received 8 citizen

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complaints and has 3 use of force incident noted. · Officer Bryant was hired February 13, 1998. She has received 10 citizen complaints and has 11 use of force incident noted.

08/11/2015 Attempted to contact the Complainant at the telephone number listed in the internal affairs report. A message was left requesting the Complainant contact the CIP.

08/11/2015 Received a telephone call from the complainant. The complainant stated that it was his fault that Internal Affairs did not take a statement from him. He was too busy to provide a statement to internal affairs when he was scheduled. The complainant stated that the officers made a lawful arrest but he has a problem with the way he was treated. The complainant agreed to come to the CIP office to provide a recorded statement.

08/11/2015 The complainant arrived at the CIP office and provided a recorded statement. 08/12/2015. Requested complete Internal Affairs file

08/18/2015 Received entire Internal Affairs file. No statements were in the file. A copy of dispatch tape was included in the file.

08/19/2015 CIP staff reviewed the citizen call and police dispatch tapes. The caller request officers check a white vehicle that is parked across the sidewalk, blocking her gate, in the alley between NW 51st Terrace and NW 52 nd NW 52 Street. The caller says that she is afraid to approach the vehicle because she doesn't know whose inside. On the police dispatch tape, Officer Bryant arrives and asks for a second officer to respond because she can't see the tag and the vehicle has dark tinted windows. Officer Dewitt arrives and request additional units respond in emergency mode. Approximately one minute later Officer Dewitt advised all units to slow down their response. Two minutes later Officer Francis arrives.

08/21/2015 Email sent to the complainant requesting contact information for his passenger at the time of this incident.

08/27/2015 On the date of this incident officers were dispatched to 5150 NW 13 Ave. in reference to a vehicle in the alley, blocking the sidewalk and partly in the roadway. On arrival, Officer Bryant observed Mr. Berry's vehicle and asked for another officer to respond because the vehicle had dark tinted windows and she couldn't see into the vehicle. Officer Dewitt responded to assist. The officers make contact with Mr. Berry and his female passenger. Mr. Berry stated that he was sitting in his vehicle with a female friend sending emails to police personnel. However, Mr. Barry is unable to provide the contact information for his friend/passenger. Mr. Berry's friend was released by the police and she is not mentioned by name in the police report. Mr. Berry admits that he was in possession of a firearm and informed officers where the firearm was located in his vehicle. He stated that he was unaware that his concealed weapons permit had been suspended. The police report says that Officer Dewitt observed the firearm resting by the thigh of Mr. Berry, on his

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right side. Mr. Berry was ordered out of the vehicle at gunpoint. Mr. Berry was arrested for Carrying a Concealed Firearm. The charge was Nolle Pros by the States Attorney's office

08/27/2015 Case submitted for closure with staff recommendation.

10/02/2015 Complaints Committee voted to accept staff recommendation.

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D. NO FINDINGS

D. 1 DISCUSSION ITEM 15-01150 Case: Arnaldo Cantero CIP#: 15-187 IA#: 15-119

Involved Officer(s): Unknown

Allegation(s): Discourtesy

DOI: June 20, 2015

Investigated by: Elisabeth Albert

Mr. Cantero was arrested by several City of Miami police officers for Battery/attempt (no actioned). During his arrest Mr. Cantero alleged the officers were discourteous towards him by saying, "You think you are tough. You beat up on women. You should have told me what happened; now this is what happens to you." He also stated the officers ordered him to sit on the curb and as he attempted to stand up, one of the officers ordered him to, "Sit the fuck down on the curb!"

Internal Affairs closed the allegation of Discourtesy as Withdrawn.

Telephone contact was made with Mr. Cantero who advised he does not wish to pursue his complaint.

Recommendation:

CIP Staff recommends that the allegation of Discourtesy be closed as No Finding because the Complainant does not wish to pursue his complaint.

Procedural History:

08/18/2015 The Internal Affairs ("IA") investigative report was obtained.

08/24/2015 Executive Director conducted a preliminary review of the case.

08/24/2015 Case assigned to Investigator Albert for investigation.

08/24/2015 A 10-day letter accompanied by the IA Report was forwarded to the Complainant.

08/24/2015 Miami Dade Clerk of Court records show Mr. Cantero was arrested for Battery/attempt (no actioned).

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08/24/2015 Booking photograph requested and received.

08/24/2015 A request was made for any/all documents related to 150620-180949.

08/27/2015 Telephone contact was made with Mr. Cantero who advised he did not wish to pursue his complaint.

08/27/2015 Case submitted for closure with Investigator's recommendation.

10/02/2015 The Complaint Committee voted to accept Staff's recommendation.

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D. 2 DISCUSSION ITEM 15-01160 Case: Jenny Jean-Pierre CIP#: 15-177 IA#: 15-035S

Involved Officer(s): Reginald Williams, 07679 Sabrina Blanchard, 28518

Allegation(s): Improper Procedure Discourtesy

DOI: February 12, 2015

Investigated by: Elisabeth Albert

Ms. Jean-Pierre was involved in a traffic accident. She alleged she asked an officer named "Williams," for his name and badge number and he refused to provide it. P.S.A. Sabrina Blanchard allowed the City's tow company to tow her vehicle from the crash site even though Ms. Jean-Pierre told her she had her own towing company on the way. P.S.A. Blanchard told the Complainant, "I do not care if you already called a towing company and they are on the way, they should have been here already."

Internal Affairs closed the allegation of Discourtesy against PSA Blanchard and the allegation of Improper Procedure against Officer Williams as Inconclusive because there were no independent witnesses to prove or disprove the allegation.

Officer Williams contacted the CIP and advised he is willing to cooperate with our investigation. He stated he responded as a backup officer to assist with traffic control and public safety. Officer Williams advised the Complainant was upset because she wanted her own tow company to move her car but that service never arrived. Ms. Jean-Pierre's vehicle could not be moved from the roadway because of front wheel damage. When the City's tow company arrived, Ms. Jean-Pierre was advised they needed to move her vehicle and clean up the debris and fluids on the roadway so that they could resume the flow of traffic. Officer Williams confirmed the Complainant asked for his name and badge number but advised he showed her the name on his uniform and provided the information verbally. Officer Williams also advised Ms. Jean-Pierre that he was not the primary officer and referred her to PSA Sabrina Blanchard who was the lead on the accident call.

CIP Staff contacted Ms. Jean-Pierre who advised she did not wish to pursue her complaint any further.

Recommendation:

CIP Staff recommends that the allegation of Improper Procedure against Officer

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Williams be closed as No Finding because the Complainant does not wish to pursue her complaint, and the allegation of Discourtesy against PSA Blanchard be closed as No Finding because she is not a sworn City of Miami Police Officer.

Procedural History:

08/21/2015 The Internal Affairs ("IA") investigative report was obtained.

08/21/2015 Executive Director conducted a preliminary review of the case.

08/21/2015 Case assigned to Investigator Albert for investigation.

08/21/2015 A 10-day letter accompanied by the IA Report was forwarded to the Complainant.

08/21/2015 An initial notification letter was mailed to the Principal Officer.

08/24/2015 Officer Williams contacted the CIP and advised he is willing to cooperate with our investigation.

08/27/2015 Officer Williams was hired on 01/18/2000 and has had 1 administrative complaint, 15 citizen complaints, and 1 use of force incident.

08/31/2015 Ms. Jean-Pierre contacted the CIP and advised she did not wish to pursue her complaint further.

08/31/2015 Case submitted for closure with Investigator's recommendation.

10/02/2015 The Complaint Committee voted to accept Staff's recommendation.

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D. 3 DISCUSSION ITEM 15-01166 Case: Cola Johnson CIP#: 15-191 IA#: unknown

Involved Officer(s): Anthony Green, Homestead Police Department

Allegation(s): Misconduct

DOI: August 14, 2011

Investigated by: Elisabeth Albert

A letter was received from Mr. Johnson requesting the CIP conduct an investigation into a shooting that occurred on 08/14/2011. Mr. Johnson alleged that Homestead Police Officer Green shot him after he had raised his hands and that Officer Green planted evidence and tampered with the crime scene.

Mr. Johnson's complaint was forwarded to Homestead Police Department.

Recommendation:

CIP Staff recommends that the allegation of Misconduct be closed as No Finding because our review showed that another agency was responsible and the complaint has been referred to that agency.

Procedural History:

08/31/2015 A letter was received from Mr. Johnson.

08/31/2015 Executive Director conducted a preliminary review of the case.

08/31/2015 Case assigned to Investigator Albert for follow up.

08/31/2015 Telephone contact was made with Homestead Police Department, Internal Affairs Division, Investigative Aide Paula Carballosa, and a copy of the complaint was forwarded via fax.

09/01/2015 A confirmation was received showing the fax was delivered. Telephone contact was made with Ms. Carballosa who also confirmed delivery.

09/01/2015 A letter was mailed to Mr. Johnson advising his case was referred to HPD and would be submitted for closure with our agency.

09/01/2015 Mr. Johnson is currently incarcerated and awaiting trial for Fleeing/Eluding Police/High Speed, Aggravated Battery on a PO (2 counts), Aggravated Assault on a PO, Driving with a Suspended License (with

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knowledge), Leaving the Scene of an Accident/Property Damage, Careless Driving, Burglary/Unoccupied Dwelling, and Criminal Mischief.

09/01/2015 Case submitted for closure with Investigator's recommendation.

10/02/2015 The Complaint Committee voted to accept Staff's recommendation.

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D. 4 DISCUSSION ITEM 15-01169 Case: Luis Machado CIP#: 15-175 IA#: 15-002

Involved Officer(s): Michelle Alfonso, 40884 Angiee Fermin, 40047 Francisco Almonte, 40730 Reynaldo Irias, 29121 Ruben Rojas, 40751

Allegation(s): Abusive Treatment Discourtesy

DOI: January 1, 2015

Investigated by: Elisabeth Albert

Mr. Machado stated that he was stopped at Biscayne Boulevard by several City of Miami police officers. Mr. Machado pretended to video the officers with his cellular phone and was thrown to the ground. While on the ground the officers kicked and hit him. Mr. Machado stated Officer Michelle Alfonso, placed her foot on the left side of his head and rubbed his head back and forth, scraping his face on the ground while stating, "I told you that you were going to get it; this is what happens to you little mother fuckers."

Mr. Machado was charged with Disorderly Intoxication (convicted/cts/fine/cost) and Resisting Officer without Violence (dismissed).

Internal Affairs closed the allegations of Abusive Treatment and Discourtesy as Inconclusive because there were no independent witnesses to prove or disprove the allegation.

Staff contacted Mr. Machado who advised he does not wish to pursue his complaint any further.

Recommendation:

CIP Staff recommends that the allegation of Abusive Treatment and Discourtesy be closed as No Finding because the Complainant does not wish to pursue his complaint.

Procedural History:

08/18/2015 The Internal Affairs ("IA") investigative report was obtained.

08/21/2015 Executive Director conducted a preliminary review of the case.

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08/21/2015 Case assigned to Investigator Albert for investigation.

08/21/2015 A 10-day letter accompanied by the IA Report was forwarded to the Complainant.

08/21/2015 An initial notification letter was mailed to the Principal Officer.

08/24/2015 Request was made to MPD for the documents related to the Complainant's arrest.

08/24/2015 Fire Rescue report was requested and received. Mr. Machado was treated for a head laceration and pain to his ribs after an altercation with the PD earlier. Mr. Mercado's bleeding was controlled and the wounds were cleaned and he was released to the PD for transport the hospital.

08/24/2015 Booking photograph was requested and received.

08/27/2015 Officer Alfonso was hired on 03/05/2013 and has had 2 citizen complaints. Officer Fermin was hired on 08/31/2009 and has had 1 citizen complaint. Officer Almonte was hired on 07/23/2012 and has had 2 citizen complaints. Officer Irias was hired on 07/07/2008 and has had 3 citizen complai8nts. Officer Rojas was hired on 07/23/2012 and has had 1 citizen complaint.

08/31/2015 IA file obtained and reviewed.

09/01/2015 Telephone contact was made with the Complainant who advised he does not wish to pursue his complaint any further.

09/01/2015 Case submitted for closure with Investigator's recommendation.

10/02/2015 The Complaint Committee voted to accept Staff's recommendation.

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D. 5 DISCUSSION ITEM 15-01207 Case: Cedricka Ross CIP#: 15-183 IA#: 15-091S

Involved Officer(s): Julie Jean, 28547

Allegation(s): Improper Procedure Discourtesy

DOI: May 11, 2015

Investigated by: Elisabeth Albert

Ms. Ross alleged that Officer Jean sucked in her teeth and called her a "Bitch" and walked across the street. When she approached her again and told her she was going to report her and requested her name and identification number, Officer Jean replied, "Bitch gone on," and did not provide her with the information.

Officer Jean denied using profanity, and Terence Cantarella (witness) advised Ms. Ross was angry and yelling at Officer Jean. Mr. Cantarella did not observe Officer Jean being discourteous or using profane language, and did not hear Ms. Ross ask Officer Jean for her name and identification number.

Internal Affairs closed the allegations of Discourtesy and Improper Procedure as Inconclusive because there were no independent witnesses to prove or disprove the allegation.

CIP Staff has attempted unsuccessfully to contact the Complainant and Principal Officer.

Recommendation:

CIP Staff recommends that the allegations of Discourtesy and Improper Procedure be closed as No Finding because the Complainant is unavailable to clarify the complaint.

Procedural History:

08/18/2015 The Internal Affairs ("IA") investigative report was obtained.

08/21/2015 Executive Director conducted a preliminary review of the case.

08/21/2015 Case assigned to Investigator Albert for investigation.

08/21/2015 A 10-day letter accompanied by the IA Report was forwarded to

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the Complainant.

08/21/2015 An initial notification letter was mailed to the Principal Officer.

08/27/2015 Officer Jean was hired on 12/19/2007 and has had 2 citizen complaints and 1 use of force incident.

08/28/2015 Attempted to contact Ms. Ross at the telephone number listed in the IA Report. A message was left requesting she contact the CIP.

09/01/2015 Attempted to contact Ms. Ross at the telephone number listed in the IA Report. A male advised it was the wrong number.

09/01/2015 An online search was conducted and it appears Ms. Ross continues to reside at the address listed in the IA Report. No additional contact information was identified.

09/02/2015 Attempted to contact Ms. Ross at her home address. There was no answer at the door. A business card was left requesting she contact the CIP.

09/04/2015 The Florida Traffic Crash Report was received and reviewed. On the date of incident Ms. Ross was involved in a Crash with several other vehicles, including a vehicle that fled. Officer Odio authored the Crash Report. It does not appear that anyone was cited for the Crash.

09/11/2015 Case submitted for closure with Investigator's recommendation.

10/02/2015 The Complaint Committee voted to accept Staff's recommendation.

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D. 6 DISCUSSION ITEM 15-01209 Case: Anthony Walker CIP#: 15-179 IA#: 15-041S

Involved Officer(s): Eladio Paez, 5451 Jude Odera, 27080

Allegation(s): Missing Property Discourtesy

DOI: February 12, 2015

Investigated by: Elisabeth Albert

Mr. Walker stated that Detective Paez searched his vehicle when he was arrested, and when he questioned him about his property Detective Paez replied he was "full of shit." Mr. Walker alleged that when he was released from jail his cellular phone and $100.00 from inside his vehicle were missing. Mr. Walker stated he went to the Miami Police Property Unit and was told there was no property turned in under his name.

Mr. Walker was arrested during a reverse prostitution operation in the area of NE 59th Avenue and 79th Street. He was charged with Soliciting for Prostitution (nolle prossed, court option).

Internal Affairs Cleared Officer Paez of Discourtesy and found the allegation against him of Missing Property was Inconclusive. During the course of their investigation an allegation of Improper Procedure was discovered and Substantiated against Officer Odera pertaining to his actions when he completed the Vehicle Storage Receipt. Officer Odera was found to be in violation of the below listed Departmental Orders:

Departmental Order 14, Chapter 3, Property Unit:

3.4.2.7 Property in Impounded Vehicles: Valuables and firearms found in vehicles to be impounded shall be removed and placed in the Miami Police Property Unit. It is the responsibility of the impounding officer to inventory and list all contents of impounded vehicles on the officer warehouse report. Items such as firearms, money, jewelry, and other valuables shall be removed from the vehicle by the impounding officer and placed in the Property Unit under a property receipt number to be cross referenced with the claim check number.

Recommendation:

CIP Staff recommends that the allegations of Discourtesy and Improper Procedure against Officer Paez, and the allegation of Improper Procedure against

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Officer Odera be closed as No Finding because the Complainant does not wish to pursue his complaint.

Procedural History:

08/18/2015 The Internal Affairs ("IA") investigative report was obtained.

08/21/2015 Executive Director conducted a preliminary review of the case.

08/21/2015 Case assigned to Investigator Albert for investigation.

08/21/2015 A 10-day letter accompanied by the IA Report was forwarded to the Complainant.

08/21/2015 An initial notification letter was mailed to the Principal Officer.

08/24/2015 Mr. Walker's booking photograph was requested and received.

08/27/2015 Officer Paez has had 2 citizen complaints and 2 use of force incidents. Officer Odera was hired on 03/28/2005 and has had 3 citizen complaints and 1 use of force incident.

09/01/2015 Telephone contact was made with Mr. Walker who advised he did not receive the correspondence from the CIP. Mr. Walker provided an email address and requested the correspondence be emailed to him. Mr. Walker will re-contact the CIP if wishes to proceed with the allegations against the officers.

09/01/2015 An email with the 10-day letter and copy of the IA Report was emailed to the Complainant.

09/04/2015 The Vehicle Storage Receipt was received from Records but is not readable. The Incident Report was received and reviewed.

09/11/2015 Case submitted for closure with Investigator's recommendation.

10/02/2015 The Complaint Committee voted to accept Staff's recommendation.

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D. 7 DISCUSSION ITEM 15-01233 Case: Alexander Estrella CIP#: 15-203 IA#: 15-122S

Involved Officer(s): Rafael Frometa, 27888

Allegation(s): Improper Procedure

DOI: June 23, 2015

Investigated by: Elisabeth Albert

Mr. Estrella alleged that while waiting for a friend at the Metromover Station, Officer Rafael Frometa engaged him in conversation and asked him leave the area. Mr. Estrella stated he asked Officer Frometa for his name and he refused to provide it to him.

Internal Affairs closed the allegation of Improper Procedure as Inconclusive because their investigation did not produce any independent witnesses who could prove or disprove the allegation.

CIP Staff contacted Mr. Estrella who advised he wished to withdraw his complaint.

Recommendation:

CIP Staff recommends that the allegation Improper Procedure against Officer Frometa be closed as No Finding because the Complainant does not wish to pursue his complaint.

Procedural History:

08/31/2015 The Internal Affairs ("IA") investigative report was obtained.

09/03/2015 Executive Director conducted a preliminary review of the case.

09/03/2015 Case assigned to Investigator Albert for investigation.

09/03/2015 A 10-day letter accompanied by the IA Report was forwarded to the Complainant.

09/03/2015 An initial notification letter was mailed to the Principal Officer.

09/14/2015 Officer Frometa was hired on 09/26/2006 and has had 3 citizen complaints, 1 firearm discharge, and 3 use of force incidents.

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09/15/2015 Telephone contact was made with Mr. Estrella who expressed his desire to withdraw his complaint.

09/15/2015 Case submitted for closure with Investigator's recommendation.

10/02/2015 The Complaint Committee voted to accept Staff's recommendation.

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D. 8 DISCUSSION ITEM 15-01244 Case: Felipe Lizano CIP#: 15-199 IA#: 15-064S

Involved Officer(s): Lloyd Hamilton, 2720

Allegation(s): Improper Procedure Discourtesy

DOI: March 24, 2015

Investigated by: Elisabeth Albert

Mr. Lizano alleged that as he attempted to tow a taxicab, Officer Hamilton approached and stated, "You better drop that car you piece of shit or I will lock your ass up." Mr. Lizano advised Officer Hamilton had been harassing him for three weeks and has ordered him to release vehicles belonging to black people at no charge.

Internal Affairs closed the allegation of Discourtesy against Officer Hamilton as Inconclusive because there were no independent witnesses to prove or disprove the allegation, and Cleared him of Improper Procedure based on witness statements and Mr. Lizano's violation of City of Miami code 42-105, License required; prohibition. (a) A license issued or renewed pursuant to the provisions of this article shall not be transferable from one business enterprise to another business enterprise. All licenses shall expire on September 30 of each year following the date of original issuance. Licenses shall be renewable annually. (b) Licenses shall be issued in the name of the business enterprise meeting the standards and requirements for licensure. (c) A business enterprise which has met the standards and requirements for licensure and which is otherwise qualified for licensure may be issued a license. (d) The revenue collection division shall issue a license conditioned upon an indication of approval of the application by the chief of police and upon collection of license fees by the revenue collection division. (e) Each business enterprise shall be charged $262.50 annually as a license fee.

CIP Staff made telephone contact with Mr. Lizano and an appointment was established. Mr. Lizano failed to keep, or call to cancel, his scheduled appointment.

Recommendation:

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CIP Staff recommends that the allegation of Improper Procedure and Discourtesy against Officer Hamilton be closed as No Finding because the Complainant is unavailable to clarify the complaint.

Procedural History:

08/31/2015 The Internal Affairs ("IA") investigative report was obtained.

09/02/2015 Executive Director conducted a preliminary review of the case.

09/02/2015 Case assigned to Investigator Albert for investigation.

09/02/2015 A 10-day letter accompanied by the IA Report was forwarded to the Complainant.

09/02/2015 An initial notification letter was mailed to the Principal Officer.

09/08/2015 A message was received from Officer Hamilton requesting a call back.

09/09/2015 Attempted to re-contact Officer Hamilton at the telephone number provided. A message was left requesting he contact the CIP.

09/11/2015 Officer Robson's Uniform Officer Worksheet was received and reviewed.

09/14/2015 Officer Hamilton was hired on 01/25/1995 and has had 3 citizen complaints, 1 relieved of duty, and 1 use of force incident.

09/14/2015 Telephone contact was made with Mr. Lizano and an appointment to meet was scheduled for 09/15/2015. He will contact the office to provide a time.

09/15/2015 Mr. Lizano failed to keep, or call to cancel his scheduled appointment.

09/22/2015 Case submitted for closure with Investigator's recommendation.

10/02/2015 The Complaint Committee voted to accept Staff's recommendation.

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D. 9 DISCUSSION ITEM 15-01167 Case: Hillary Taylor CIP#: 15-149 IA#: 14-022

Involved Officer(s): Aristide Paulino-Lajara #5536 Marc Marcelin #4346

Allegation(s): Negligence of Duty Discourtesy

DOI: October 22, 2014

Investigated by: Michael Lucas

Ms. Hillary Taylor stated that she called the police to report that her vehicle had sustained left rear damage while parked in a valet parking lot. Ms. Taylor alleged that Officer Marc Marcelin was rude towards her and refused to make a police report. Ms. Taylor also alleged that Officer Aristides Paulino-Lajara advised her that the incident was a civil matter and gave her a case card.

Internal Affairs closed the allegations of Negligence of Duty and Discourtesy as Inconclusive.

Recommendation:

CIP Staff recommends that the allegations of Negligence of Duty and Discourtesy be closed as No Finding because the Complainant is unavailable to clarify the complaint.

Procedural History:

07/09/2015 The Internal Affairs ("IA") investigative report was obtained.

07/13/2015 The Executive Director conducted a preliminary review of the case.

07/13/2015 Case assigned to Investigator Lucas for investigation.

07/13/2015 A 10-day letter accompanied by the Internal Affairs Report was forwarded to the Complainant.

07/13/2015 An initial notification letter was sent to the Principal Officer.

08/04/2015 Attempted to contact the complainant at the telephone listed in the Internal Affairs Report. A message was left requesting the complainant to contact the CIP.

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08/07/2015 Received Internal Affairs profiles for Officer Marcelin and Officer Paulino-Lajara. · Officer Marcelin was hired April 29, 2003. He has received 16 citizen complaints and has 5 use of force incidents noted. · Officer Paulino- Lajara was hired January 18, 1995. He has received 27 citizen complaints and has 15 use of force incidents and 1 administrative complaint noted.

08/12/2015 CIP staff attempted to contact the complainant at the address listed in the internal affairs report. A female juvenile advised the complainant was not home. A business card with message requesting the complainant to contact the CIP was left at the residence.

08/17/2015 Received a telephone call from the complainant. The complainant stated that she has photos showing the damage to her vehicle. She also has a possible witness. The complainant was scheduled to come to the CIP office on August 18, 2015 to provide the photos, witness information and provide a statement.

08/19/2015 The complainant failed to show at the scheduled time on August 18, 2015.

08/21/2015 Attempted to contact the complainant at the telephone listed in the Internal Affairs Report. A message was left requesting the complainant to contact the CIP.

08/216/2015 Attempted to contact the complainant at the telephone listed in the Internal Affairs Report. A message was left requesting the complainant to contact the CIP.

09/01/2015 To date, CIP staff has not heard from the complainant. The complainant did not show for a scheduled appointment with CIP staff. Since that time attempts to contact the complainant have been unsuccessful.

09/01/2015 Case submitted for closure with staff recommendation.

10/02/2015 Complaints Committee voted to accept staff recommendation.

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D. 10 DISCUSSION ITEM 15-01225 Case: Dale Picardat CIP#: 15-174 IA#: 14-229

Involved Officer(s): Tashara Alleyne #28656 John Askew #40034 Daniel Mogro # 40821

Allegation(s): Abusive Treatment Improper Procedure

DOI: October 27, 2014

Investigated by: Michael Lucas

Mr. Picardat alleged that Officer Askew took him down to the ground and pushed his head into the concrete with his forearm. Additionally, an unknown officer searched his vehicle, which was properly parked, without his consent and towed it.

Internal Affairs closed the allegations of Abusive Treatment and Improper Procedure as Cleared.

Recommendation:

CIP Staff recommends that the allegations of Abusive Treatment and Improper Procedure be closed as No Finding because the Complainant no longer wishes to pursue the complaint.

Procedural History:

08/18/2015 The Internal Affairs ("IA") investigative report was obtained.

08/21/2015 The Executive Director conducted a preliminary review of the case.

08/21/2015 Case assigned to Investigator Lucas for investigation.

08/21/2015 A 10-day letter accompanied by the Internal Affairs Report was forwarded to the Complainant.

08/21/2015 An initial notification letter was sent to the Principal Officer.

08/28/2015 Received Internal Affairs Profile for Officer Alleyne, Officer Askew and Officer Mogro. • Officer Alleyne has received 3 citizen complaints and has 2 use of force

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incidents noted. • Officer Askew was hired August 19 , 2009. He has received 3 citizen complaints and 1 driving complaint. · Officer Mogro was hired November 05, 2012. He has received 2 citizen complaints and has 2 use of force incidents noted

08/31/2015 Received the entire Internal Affairs file including statements, photos and radio transmissions.

08/31/2015 10-day letter returned by the USPS with a notation of Return to Sender, No Such address.

09/01/2015 Second 10 day letter sent.

09/14/2015 CIP staff made contact with the complainant at the telephone number listed in the Internal Affairs report. The complainant stated that he received the 10-day letter and copy of the Internal Affairs report and he has a big problem with the content. He has been looking for an attorney to file a 1983 action against the City of Miami. He longer wishes to pursue this complaint because the matter will be settled in court.

09/14/2015 Case submitted for closure with staff recommendation.

10/02/2015 Complaints Committee voted to accept staff recommendation.

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D. 11 DISCUSSION ITEM 15-01206 Case: David Valera CIP#: 15-188 IA#: 15-120

Involved Officer(s): Melanie Ortiz #29186

Allegation(s): Misconduct

DOI: June 22, 2015

Investigated by: Michael Lucas

Mr. Valera stated observed Officer Ortiz parked in her marked police vehicle next to his supervisor's vehicle. She was backing out of the parking space, he waved at her. He was standing by the front driver's side of her vehicle as Officer Ortiz accelerated out of the parking lot, striking him with the driver's side mirror to his left hip. The rear driver's side tire also ran over his left foot, which caused him to fall to the ground. He stated Officer Ortiz' window was down and she observed him prior to the impact. He stated her driving was so reckless she almost lost control of the vehicle as she tuned onto N. Miami Avenue, fleeing the scene.

Internal Affairs closed the allegation of Misconduct as Unsupported.

Recommendation:

CIP Staff recommends that the allegation of Misconduct be closed as No Finding because the Complainant no longer wishes to pursue the complaint.

Procedural History:

08/18/2015 The Internal Affairs ("IA") investigative report was obtained.

08/21/2015 The Executive Director conducted a preliminary review of the case.

08/21/2015 Case assigned to Investigator Lucas for investigation.

08/21/2015 A 10-day letter accompanied by the Internal Affairs Report was forwarded to the Complainant.

08/21/2015 An initial notification letter was sent to the Principal Officer.

08/28/2015 Received Internal Affairs Profile for Officer Ortiz. Officer Ortiz was hired August 21, 2008. She has received 3 citizen complaints.

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09/01/2015 Request sent to Internal Affairs to copy entire file

09/08/2015 Received entire Internal Affairs file including statements.

09/08/2015CIP staff made contact with the complainant. While explaining the reason for the telephone call the complainant sated that he thought this matter was settled and he does not want to be bothered anymore. The complainant then terminated the call. CIP staff recommends that the allegation of Misconduct be closed as No Finding because the complainant no longer wishes to pursue this case.

09/09/2015 Case submitted for closure with staff recommendation.

10/02/2015 Complaints Committee voted to accept staff recommendation.

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D. 12 DISCUSSION ITEM 15-01224 Case: Nathaniel Smith CIP#: 15-202 IA#: 15-097S

Involved Officer(s): Luis Rodriguez #41224 Carolina Galvez #41280

Allegation(s): Damaged Property

DOI: May 16, 2015

Investigated by: Michael Lucas

Mr. Nathaniel Smith alleged that Officers Rodriguez and Galvez, responded to his residence at 540 Brickell Key Drive # 517, regarding a loud noise complaint. The officers knocked on his door and he turned down the music, but did not open the door. He stated that the officers continued to knock with a hard object which left ten to twelve small dents in his new door. Additionally, he claims one of the officers placed chewing gum over the peephole on the door.

Internal Affairs closed the allegation of Damaged Property as Inconclusive.

Recommendation:

CIP Staff recommends that the allegation of Damaged Property be closed as No Finding because the Complainant no longer wishes to pursue the complaint.

Procedural History:

08/31/2015 The Internal Affairs ("IA") investigative report was obtained.

09/02/2015 The Executive Director conducted a preliminary review of the case.

09/02/2015 Case assigned to Investigator Lucas for investigation.

09/02/2015 A 10-day letter accompanied by the Internal Affairs Report was forwarded to the Complainant.

09/02/2015 An initial notification letter was sent to the Principal Officer.

09/14/2015 CIP staff made contact with the complainant at the telephone number listed in the Internal Affairs report. The complainant stated that he was reimbursed for the damage to his door so he longer wished to pursue this complaint.

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09/14/2015 Case submitted for closure with staff recommendation.

10/02/2015 Complaints Committee voted to accept staff recommendation.

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D. 13 DISCUSSION ITEM 15-01222 Case: Penny Taylor CIP#: 15-206 IA#: 15-137N

Involved Officer(s): Floyd Pinckney Jr. #40467

Allegation(s): Discourtesy

DOI: July 14, 2014

Investigated by: Michael Lucas

Ms. Taylor stated that she was talking to her daughter who was telling her about a skateboard incident that occurred with her son. She stated there was a police chase prior to her arriving at the location and Officer Pinckney was making an arrest. She believed Officer Pinckney overheard the conversation between her and her daughter and assumed they were talking about him. Officer Pinckney told her, she was next. Ms. Taylor stated she asked Officer Pinckney if she was speaking to her and told him she was going to call his commander. She stated she proceeded to dial her phone to call the commander and Officer Pinckney interrupted her and said, "I don't care, call her." Ms . Taylor stated this was the fourth encounter she's had with Officer Pinckney where he has threatened her. She stated she has met with the commander and sergeant in reference this ongoing problem, but nothing has been done. She feels Officer Pinckney has a personal vendetta against her and her family. Ms. Taylor stated she felt intimidated and afraid by Officer Pinckney's threats.

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

Recommendation:

CIP Staff recommends that the allegation of Discourtesy be closed as No Finding because the Complainant no longer wishes to pursue the complaint.

Procedural History:

08/31/2015 The Internal Affairs ("IA") investigative report was obtained.

09/02/2015 The Executive Director conducted a preliminary review of the case.

09/02/2015 Case assigned to Investigator Lucas for investigation.

09/02/2015 A 10-day letter accompanied by the Internal Affairs Report was forwarded to the Complainant.

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09/02/2015 An initial notification letter was sent to the Principal Officer.

09/14/2015 Attempted to contact the Complainant at the telephone listed in the Internal Affairs report. A message was left requesting the complainant contact the CIP.

09/14/2015 Received a telephone call from the complainant. The complainant stated she doesn't want any further investigation or other action because everything worked out well with this complaint.

09/14/2015 Case submitted for closure with staff recommendation.

10/02/2015 Complaints Committee voted to accept staff recommendation.

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D. 14 DISCUSSION ITEM 15-01208 Case: Lucio Alfonso CIP#: 15-209 IA#: N/A

Involved Officer(s): Baker County Sheriff's Office

Allegation(s): Abusive Treatment

DOI: August 31, 2015

Investigated by: Michael Lucas

Complainant Lucio Alfonso is incarcerated in the Baker County Jail. The complainant stated he's being abused by Staff and other inmates.

Recommendation:

CIP Staff recommends that the allegation of Abusive Treatment be closed as No Finding because the incidents complained about are occurring outside the jurisdiction of the CIP.

Procedural History:

09/04/2015 The Executive Director conducted a preliminary review of the case.

09/04/2015 Case assigned to Investigator Lucas for investigation.

09/04/2015 Attempted to contact Baker County Sheriff's Office Internal Affairs. Received a voicemail and a message was left for to contact the CIP in reference to this complaint. Complainant at the telephone number identified in the online search. A message was left requesting the Complainant to contact the CIP.

09/08/2015 Attempted to contact Baker County Sheriff's Office Internal Affairs. Received a voicemail and a message was left for to contact the CIP in reference to this complaint.

09/08/2015 Received a telephone call from Sgt. David Murray of the Baker County Sheriff's Office. Compliant forwarded to Sgt. Murray at [email protected] .

09/09/2015 Received emails from Sgt. Murray and Capt. Thomas acknowledging the receipt of this complaint.

09/09/2015 The complainant is incarcerated in the Baker County jail. The

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complaint is in reference to events that occurred in the Baker County jail. CIP Staff recommends that the allegation of Abusive Treatment be closed as No Finding because the events complained about are occurring outside the jurisdiction of the CIP.

09/09/2015 A letter was sent to the complainant advising him that his complaint was forwarded to the Baker County Sheriff's Office for investigation.

09/09/2015 Case submitted for closure with staff recommendation.

10/02/2015 Complaints Committee voted to accept staff recommendation.

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D. 15 DISCUSSION ITEM 15-01227 Case: Larry Barber CIP#: 15-213 IA#: T15-019

Involved Officer(s): Lunnon Sears #6361 (Retired)

Allegation(s): Improper Procedure

DOI: January 11, 1981

Investigated by: Michael Lucas

In 1981, Mr. Barber was convicted for Involuntary Sexual Battery and Armed Robbery. He is currently serving a life sentence. He sent a letter to Internal Affairs to have them look into his case as he believe that the officers falsified statements and fabricated physical evidence in his case.

Internal Affairs closed the allegation of Improper Procedure as Information Only.

Recommendation:

CIP Staff recommends that the allegation of Improper Procedure be closed as No Finding because the allegations occurred in 1981 (34 years ago), which is well outside the CIP time limit. Additionally, the principle officer is no longer employed by the City of Miami Police Department

Procedural History:

09/08/2015 The Internal Affairs ("IA") investigative report was obtained.

09/10/2015 The Executive Director conducted a preliminary review of the case.

09/11/2015 Case assigned to Investigator Lucas for investigation.

09/11/2015 Review of case and documentation provided. The documentation provide by the complainant is of very poor quality.

09/11/2015 Review of the Florida Department of Correction website shows the complainant has been incarcerated in Florida Department of Corrections since 04/20/1982. This means that the allegation occurred over 30 years ago. Additionally, the principle officer is no longer employed by the City of Miami Police Department. CIP staff recommends that this case be closed as No Finding because the complaint was filed past the time CIP time limits and the principle officer is no longer employed.

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09/14/2015 Case submitted for closure with staff recommendation.

10/02/2015 Complaints Committee voted to accept staff recommendation.

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D.16 DISCUSSION ITEM 15-01228 Case: Kevin Hinds CIP#: 15-215 IA#: 15-151N

Involved Officer(s): PSA Sabrina Blanchard

Allegation(s): Improper Procedure

DOI: July 8, 2015

Investigated by: Michael Lucas

Mr. Hinds stated that while attempting to enter the parking lot at the North District Substation he struck the curb, which damaged this vehicle, because a police vehicle was parked against the curb. He stated that Service Aide Blanchard responded and he claims that she never gave him a copy of the report, but he felt threatened that if he insisted on a crash report he was going to be cited. The crash report shows summons #A4BOPCE was issued and then mailed to Mr. Hinds on July 30, 2015.

Internal Affairs closed the allegation of Improper Procedure as a Non-complaint.

Recommendation:

CIP Staff recommends that the allegation of Improper Procedure be closed as No Finding because the principle employee is a non-sworn Public Service Aide. Therefore, the allegation does not fall within CIP jurisdiction.

Procedural History:

09/08/2015 The Internal Affairs ("IA") investigative report was obtained.

09/10/2015 The Executive Director conducted a preliminary review of the case.

09/11/2015 Case assigned to Investigator Lucas for investigation.

09/11/2015 A 10-day letter accompanied by the Internal Affairs Report was forwarded to the Complainant.

09/11/2015 An initial notification letter was sent to the Principal Officer.

09/15/2015 A review of the complaint showed that the allegations are against a non-sworn public service aide. Therefore, the allegation does not fall within CIP jurisdiction. CIP Staff recommends that the allegation of Improper

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Procedure be closed as No Finding

09/15/2015 Case submitted for closure with staff recommendation.

10/02/2015 Complaints Committee voted to accept staff recommendation.

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D. 17 DISCUSSION ITEM 15-01250 Case: Irving Lewis CIP#: 15-217 IA#: 15-148N

Involved Officer(s): Workmond Napoleon #40040

Allegation(s): Discourtesy

DOI: July 21, 2015

Investigated by: Michael Lucas

Mr. Lewis stated he was driving a City of Miami Sanitation truck and stopped to make a pick up on his route. He stated a police vehicle was stopped on the opposite corner of the intersection and the officer activated his spotlight and aimed it directly at his eyes, temporarily blinding him. The officer exited his vehicle and made a gesture with his index finger pointing towards his let temple.

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

Recommendation:

CIP Staff recommends that the allegation of Discourtesy be closed as No Finding because the complainant no longer wishes to pursue this complaint.

Procedural History:

09/08/2015 The Internal Affairs ("IA") investigative report was obtained.

09/10/2015 The Executive Director conducted a preliminary review of the case.

09/11/2015 Case assigned to Investigator Lucas for investigation.

09/11/2015 A 10-day letter accompanied by the Internal Affairs Report was forwarded to the Complainant.

09/11/2015 An initial notification letter was sent to the Principal Officer.

09/18/2015 Received a telephone call from the complainant. The complainant stated that he assumed that the solid waste vehicle he was driving had a video camera that was active as long as the vehicle was running. He was told by the director of solid waste that the camera had to be activated manually. The director also told him that he checked the video and didn't say anything pertaining to this incident. The complainant stated that he feels that the officer's gesture meant he was going to blow his brains out or that he was stupid. In his opinion an officer

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shouldn't be pointing towards his head with his finger and shouldn't be putting a spotlight in someone's face. The complainant stated that at this point the case is useless and he prefers to just let the situation die. CIP staff recommends the allegation of Discourtesy be closed as No Finding because the complainant no longer wishes to pursue the case.

09/18/2015 Case submitted for closure with staff recommendation.

10/02/2015 Complaints Committee voted to accept staff recommendation.

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