City of Miami
City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com
Meeting Agenda - Final
Tuesday, April 20, 2010
5:30 PM
Regular Meeting City Hall Chambers Civilian Investigative Panel
Thomas Rebull, Chairperson Thomas Cobitz, Vice Chair Susan Weintraub, Secretary Fred St. Amand, Treasurer
Michelle Delancy, Rudy de la Guardia, Raymond Hart Janet McAliley, Bess McElroy, Timothy Moore Brenda Shapiro Civilian Investigative Panel Meeting Agenda - Final April 20, 2010
PLEDGE
ROLL CALL
APPROVING THE MINUTES of the February 16, 2010 Meeting
APPROVING THE MINUTES of the February 23, 2010 Special Meeting
A. PUBLC FORUM I (Testimony or Presentations for any properly noticed case or matter may be heard at this time.) *Roderick Harvey, Audit Report: Harvey, Covington & Thomas, LLC *Joseph Simmons, Complainant
B. REPORTS
B.1 CHAIRPERSON
B.2 INDEPENDENT COUNSEL
C. CASE MANAGEMENT
Case: Melissa Jane Sturgis CIP#: 06-281 IA#: 06-171
Involved Officer(s): Nestor Garcia #02184
Allegations: Misconduct
Recommendation(s):
Close as No Finding on Misconduct (Summary Disposition). The Complainant claims that on 04-21-06 Officer Garcia arrested her because she asked for his name and badge number. Internal Affairs closed case with a finding of Information Only as the Complainant failed to cooperate. Although the case was reviewed by the CIP, it is beyond the 120-day time frame and presented no underlying concerns related to policies or procedures.
Case: Juan Gonzalez CIP # 08-330 IA #Unknown
Involved Officer(s): Commander Jose Alfonso #0122
Allegation(s): Improper Proceedure
The Complainant, Mr. Juan Gonzalez alleges that on 6/25/08 Cmdr. Jose Alfonso #0122 requested consent to search the home of his Grandmother, Ms. Elda Forcelledo, and that he threatened eviction and arrest when consent was
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denied. According to Mr. Gonzalez, there were no independent witnesses to the event. Only Mr. Gonzalez and his brother, Carlos Renteria, witnessed the event. Mr. Gonzalez was not sure whether, his brother, Mr. Renteria would testify.
Mr. Gonzalez stated during his interview that the neighbor's kids had been arrested for narcotics violations on the same date that Commander Alfonso wanted permission to search for drugs at the grandmother's residence. Mr. Gonzalez lives at his grandmother's house and he has a prior conviction for marijuana possession. Also, it appears that the brother, Mr. Renteria, has a felony conviction for cocaine possession.
This case was a direct file with the CIP.
Recommendation(s):
Close case as No Finding on Misconduct for the reason that the complainant has failed to produce information to further the investigation.
Procedural History:
06-26-08 CIP Received Complaint
06-30-08 CIP Assigned
07-29-08 Called Mr. Gonzalez at his listed phone number, 305-649-1139, and spoke with the grandmother. Ms. Forselledo stated that she did not know Mr. Gonzalez' cell phone number. She stated that she would give him the message to call the CIP.
08-25-08 A 10-Day “Wish to pursue” letter was mailed to Mr. Gonzalez' address as indicated on the CIP complaint form.
09-15-08 Called 305-649-1139 again; the number has been disconnected.
09-15-08 Successfully reached Mr. Gonzalez at new number. He stated he would have Ms. Forcelledo and Mr. Renteria call for interviews.
09-22-08 Both of the above-mentioned witnesses failed to contact this office.
09-22-08 Submitted for Closure
09-22-08 Chief Investigator's Recommendation
09-06-08 Independent Counsel's Concurrence
Case: Yolanda Robaina CIP#: 09-361 IA#: 09-335
Involved Officer(s): Unknown Officer
Allegation(s):
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Discourtesy
DOI: September 8, 2009
According to the complainant, Yolanda Robaina, on September 8, 2009, an unknown male officer stopped her at N.E. 2nd Avenue and 29th Street and used the "F" word multiple times when addressing her. A review of the Internal Affairs investigation revealed that Ms. Robaina was unable to identify the officer in question. Internal Affairs rendered a finding of Inconclusive as to the allegation of Discourtesy.
Recommendation(s):
Close as No Finding as to the allegation of Discourtesy based on the CIP's concurrence with the findings of Internal Affairs.
Procedural History:
10-28-09 The Internal Affairs investigative report was received.
11-03-09 Independent Counsel reviewed and classified the complaint/case as a Pre-Panel Closure.
12-10-09 Case Closed.
Case: City of Miami (Lt. Lillie Harris) CIP#: 09-348 IA#: 09-184
Involved Officer(s): Lt. Lillie Harris
Allegation(s): Misconduct
DOI: On-going
Lieutenant Lillie Harris routinely failed to work a 10-hour shift without prior authorization or deducting the hours from her time bank. Internal Affairs rendered a finding of Substantiated and on May 21, 2009 Lt. Harris was relieved of duty pending the dispostion of a Criminal/Administrative investigation.
Recommendation(s):
Close as a Pre-Panel Closure based on the CIP's concurrence with the findings of Internal Affairs.
Procedural History:
10-28-09 The Internal Affairs investigative report was received.
11-03-09 Independent Counsel reviewed and classified the complaint/case as a Pre-Panel Closure.
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12-10-09 Case Closed.
Case: Sonja L. Williams CIP#: 09-360 IA#: 09-205
Involved Officer(s): Officer Melissa Thomas-#7020
Allegation(s): Discourtesy
DOI: May 30, 2009
The complainant, Sonja Williams alleged that on the aforementioned date, Officer Thomas responded to her residence and was unprofessional when she flailed her upper extremities. Internal Affairs dispositioned the case as Inconclusive as to the allegation of Discourtesy.
Recommendation(s):
Close as a Pre-Panel Closure based on the CIP's concurrence with the findings of Internal Affairs.
Procedural History:
10-28-09 The Internal Affairs investigative report was received.
11-03-09 Independent Counsel reviewed and classified the complaint/case as a Pre-Panel Closure.
12-10-09 Case Closed.
Case: Angel Yune CIP#: 09-324 IA#: 09-206
Involved Officer(s): Officer Cid Fernandez-#1967
Allegation(s): Discourtesy
DOI: June 3, 2009
The complainant, Angel Yune alleged that on June 3, 2009 he observed Officer Cid Fernandez stopped his wife, Nancy Ocon at 3482 NW 22nd Avenue for an undisclosed reason and used the "F" word when he inquired about the stop. Officer Fernandez disclosed during his sworn recorded Internal Affairs
Recommendation(s):
Close as a Pre-Panel Closure based on the CIP's concurrence with the
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findings of Internal Affairs.
Procedural History:
10-28-09 The Internal Affairs investigative report was received.
11-03-09 Independent Counsel reviewed and classified the complaint/case as a Pre-Panel Closure.
12-10-09 Case Closed.
Case: Carlos Reyes CIP#: 09-322 IA#: 09-324
Involved Officer(s): Sergeant David Peraza-#0909
Allegation(s): Discourtesy
DOI: August 27, 2009 Mr. Carlos Reyes stated that on August 27, 2009, he was driving behind Sergeant Peraza on Grand Avenue. Mr. Reyes stated after making a right turn, Sergeant Peraza changed lanes and got behind him when he passed him. Mr. Reyes stated after being stopped, Sergeant Peraza asked him, in Spanish, if he thought he was funny (Tu te cres gracioso) and stated that he was going to punch him and slap him three times. Mr. Reyes stated after being asked for the keys to his vehicle, Sergeant Peraza took him out of the vehicle and searched him. Mr. Reyes stated after being given two summonses (0811-RQK 2 and 0812-RQK 3) for Following Too Closely and for No Seat Belt, Sergeant Peraza told him in Spanish, Next time I see you, I'm going to kick you three times and send you to bed warm (Cuando te vea otra vez, te voy a dar tres patadas y te voy a mandar a dormir calientico). Mr. Reyes stated he is not complaining about the summonses, but that Sergeant Peraza had no need to treat him as he did. Internal Affairs rendered a disposition of Inconclusive based on the absence of independent witnesses.
Recommendation:
Close as a Pre-Panel Closure based on the CIP's concurrence with the findings of Internal Affairs.
Case: Mike Hayes CIP#: 09-337 IA#: 09-227
Involved Officer(s): Carlos Mendez-#4714
Allegation(s): Discourtesy
DOI: July 23, 2009
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Mr. Mike C. Hayes alleged that on July 23, 2009, City of Miami Police Officer Carlos Mendez told him along with his brother and several friends, "What the fuck are you guys doing here? Everybody get the fuck out of here." Officer Mendez drove by five minutes later and flashed his middle finger and told Mr. Hayes, "Fuck you". Internal Affairs classified the case as Information Only based upon the complainant's failure to cooperate.
Recommendation:
Close as a Pre-Panel Closure per Independent Counsel.
Case: Reynaldo F. Loggin CIP#: 09-353 IA#: 09-274
Involved Officer(s): Marlon Arana-#27876
Allegation(s): Missing Property
DOI: July 22, 2009
Mr. Reynaldo Loggin alleged that on July 22, 2009, Officer Marlon Arana falsely arrested him at 1075 Biscayne Boulevard in Bicentennial Park and did not give him back his driver's license and a credit card. Internal Affairs classified as "Information Only" based on the unavailability of the complainant.
Recommendation:
Close as No Finding (Summary Disposition) based on the unavailability of the complainant.
Case: Yolanda Robaina CIP#: 09-361 IA#: 09-335
Involved Officer(s): Unknown
Allegation(s): Discourtesy
DOI: September 8, 2009
Ms. Yolanda Robaina stated on September 8, 2009, she was stopped by an unknown officer at N.E. 2nd Avenue and 29th Street. According to Ms. Robaina during the conversation with the officer he told her, "I don't give a fuck what you are doing. You need to turn your fucking lights on. Just get in your fucking car and turn your fucking lights on and just go." Ms. Robaina attempted to explain that she was speeding in route to care for her ill mother and the unidentified police officer reportedly stated "I don't give a fuck what's going on with your mom." Internal Affairs rendered a finding of Inconclusive regarding the allegation of Discourtesy lodged against the unknown officer.
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Recommendation:
Close as Pre-Panel Closure based on the CIP's concurrence with the disposition of Internal Affairs.
Case: Reginald Dawson CIP#: 09-323 IA#: 09-288
Involved Officer(s): Ofren Vera-#7361 William Gonzalez-#27043
Allegation(s): Discourtesy
DOI: July 29, 2009
Mr. Reginald Dawson alleged that on July 29, 2009, he was at the intersection of Hibiscus Street and Williams Avenue when Officer Ofren Vera and Officer William Gonzalez drove by in a marked police vehicle and shot birdies at him. Internal Affairs rendered a finding of "Cleared" after Computer Aided Dispatch ("CAD") records revealed neither officer was on duty or working an off duty job at the time of the alleged incident.
Recommendation:
Close as Pre-Panel Closure based on the CIP's concurrence with the disposition of Internal Affairs.
Case: City of Miami (Esdras Vilbrun) CIP#: 09-356 IA#: 09-318
Involved Officer(s): Esdras Vilbrun-Solid Waste Employee
Allegation(s): Misconduct
DOI: August 20, 2009
On August 20, 2009, City of Miami Police Officer Orlando Merced witnessed a Miami Dade County Animal Services Employee, Mr. Esdras Vilbrun swipe his issued Miami Dade County gas card and utilize his authorization code, to illegally dispense fuel to an unauthorized black Dodge Charger. Mr. Enoch Vilbrun allowed his brother, a City of Miami Solid Waste employee, to dispense the fuel into the black Dodge Charger. Officer Merced witnessed and photographed the incident. Officer Merced observed Mr. Esdras Vilbrun wearing a City of Miami Solid Waste Uniform dispense 6.1 gallons of fuel inside the black Dodge Charger bearing Florida Tag # 433-XUE. Officer Merced approached both employees and questioned their actions at which time they confessed to the theft of the fuel. Internal Affairs Substantiated the allegation of Misconduct (theft) and reported the incident to the State Attorney's Office.
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Recommendation:
Close as No Finding (Summary Disposition) since the CIP has no jurisdiction regarding civilians or non-MPD employees.
Case: Maria Clemenza CIP#: 09-256 IA#: 09-219
Involved Officer(s): Josue Herrera-#27890
Allegation(s): Discourtesy Improper Procedure
DOI: June 2, 2009
Mrs. Maria Clemenza stated that on June 2, 2009, during a traffic stop, Officer Kenia Revilla yelled at her to, "get off the car." When Mrs. Clemeza asked Officer Revilla why does she have to "Get off the car, he replied "Because I said so." Ms. Clemenza stated that she asked Officer Revilla for his name and badge number and he replied, "I don't have to give you anything." Internal Affairs classified the case as "Information Only" based upon the complainant's failure to cooperate.
Recommendation:
Close as No Finding (Summary Disposition) based on the complainant's disclosure to the CIP that she is not interesting in pursuing an independent investigation.
Case: Ismaelia Castillo CIP#: 09-326 IA#: 09-262
Involved Officer(s): Ismaelia Castillo-Public Service Aide
Allegation(s): Improper Procedure
DOI: July 15, 2009
Mr. Correa alleged that on July 15, 2009, P.S.A. Castillo was shopping for tints while on duty. Internal Affairs rendered a finding of Inconclusive.
Recommendation:
Close as a Pre-Panel Closure (Summary Disposition) since the CIP does not have jurisdiction to investigate civilian MPD employees.
Case: Tramell Carter CIP#: 09-374 IA#: 09-276
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Involved Officer(s): Unknown
Allegation(s): Missing Property
DOI: July 24, 2009
Mr. Carter stated that on July 24, 2009, he went to Club Mansion on South Beach on a job assignment. Mr. Carter also stated he took two boxes of belts with him, but only took one set of belts inside the club to give out as gifts. While at the club, Mr. Carter reported that he drank Patron Tequila and vodka with cranberry juice. After leaving the club and in route to his home, Mr. Carter stated that he blacked out and struck a wall and was ultimately arrested for driving under the influence. When Mr. Carter was taken into custody, inside his vehicle were three belts inside a black box on the floor, his jacket on the front passenger seat containing his Sony digital camera, his Florida identification card in the right side pocket and his cell phone in the center console. Following his release from jail, Mr. Carter allegedly discovered that his Sony digital camera and three designer belts were missing. Mr. Carter acknowledges that his recollection of the night in question is poor and he does not recall how many officers were at the scene. Internal Affairs dispositioned the case as "Inconclusive" based on the absence of independent witnesses.
Recommendation:
Close as Not Sustained. The complainant concedes that he cannot determine when or where his property disappeared and that the vehicle was at several locations (the scene, tow yard and auto repair shop) before the complainant realized that his property was missing.
12-01-09 The Internal Affairs Investigative Report was received.
12-01-09 Case forwarded to Independent Counsel for preliminary review.
01-19-10 Telephonic contact was made with the complainant regarding the status of the CIP review/investigation.
01-20-10 A telephonic interview was conducted with Mr. Carter, the complainant (who resides in California).
01-21-10 A 10-Day Letter, accompanied by the Internal Affairs investigative report was forwarded to the complainant.
01-22-10 Additional telephonic contact was conducted with Mr. Carter, wherein he acknowledged that he was impaired on the night in question and his vehicle was present at several locations (the scene, tow yard and the auto repair shop) before he realized that his property was missing. Mr. Carter also stated that he cannot identify the location as to where his property disappeared or who may have been responsible for the alleged theft.
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03-22-10 The Internal Affairs recorded statements were obtained and reviewed.
05-05-10 Case submitted for closure with Investigator's recommendation of No Finding.
05-05-10 Independent Counsel's concurrence.
Case: Idania Amargos CIP#: 09-369 IA#: 09-376
Involved Officer(s): Luis Sanchez-#27988 Carlos Deschamps-#01478
Allegation(s): Misconduct
DOI: October 2, 2009
Ms. Idania Amargos stated Officer Carlos Deschamps stopped her for speeding on October 2, 2009, at N.W. 11 Street and 30 Avenue. According to Ms. Amargos, Officer Deschamps took the keys out of her vehicle and threw them onto Officer Christi Adams' vehicle and told her, "Call the president if you want." Ms. Amargos stated Officer Luis Sanchez told her, "Are you unable to sign the ticket and talk at the same time. What, you can't multi task?" Internal Affairs rendered a finding of Inconclusive regarding the allegation of Discourtesy as to Officers Deschamps and Sanchez based on the absence of independent witnesses.
Recommendation:
Close as No Finding (Summary Dispostion) based on the CIP's concurrence with Internal Affairs disposition.
Case: City of Miami (Officer Johnnie Mathis) CIP#: 09-260 IA#: 09-197
Involved Officer(s): Johnnie Mathis-#4477
Allegation(s): Misconduct
DOI: May 28, 2009
Sergeant Catherine Carter stated that on May 28, 2009, she was assigned to supervise on the A shift in Coconut Grove. She was the early sergeant and reported to work at 5:00am. Part of Sergeant Carter's responsibilities included preparing the P-sheet. Officer Mathis contacted Sergeant Carter on her cell phone just before the start of his tour of duty (6:00am) and requested to have
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the first hour off to transport his child to day care. Sergeant Carter informed him that he had no time on the books and asked if he could make it by 7:00am. Sergeant Carter carried Officer Mathis for the first hour. According to Sergeant Carter, Officer Mathis eventually appeared for work at 8:40am with blood shot eyes and redolent of alcohol. When confronted with Sergeant Carter's observations, Officer Mathis alleged that he imbibed several alcoholic beverages the night before and was unable to maintain his basic hygienic regimen on the day in question (alleged he did not brush his teeth, shave or wash his face that morning). Officer Mathis was required to submit to a blood test at the Healthcare Center located at 7911 NW 72nd Avenue and he tested positive for ethanol. There was no remedial action taken by the Miami Police Department since Officer Mathis has since resigned from the force. Internal Affairs Substantiated the allegation of Misconduct based senior staff's observations and a positive alcohol screening.
Recommendations:
Close case as No Finding based on the CIP's concurrence with the disposition of Internal Affairs.
Case: Sonja Williams CIP#: 09-360 IA#: 09-205
Involved Officer(s): Melissa Thomas-#7020
Allegation(s): Discourtesy
DOI: May 30, 2009
Mrs. Williams stated that on May 30, 2009, she called the police reference a dispute with her neighbor. Mrs. Williams stated that Officers Melissa Thomas and Armando Alvarez arrived at her residence and Officer Thomas spoke to her, while Officer Alvarez spoke to her neighbor. Officer Thomas allegedly approached Ms. Williams very unprofessionally, moving her arms and body all over the place speaking loudly and ordering her to put out her cigarette. Mrs. Williams stated that after explaining to Officer Thomas the reason for her call , she told her, "Why don't you guys make peace and get along. Just move the garbage. How would you feel if someone places garbage in front of your door?" Mrs. Williams stated that as Officer Thomas finished making her statement, Officer Alvarez approached them and stated loudly in front of her kids, "Ma'am, move the garbage or I'm going to arrest you. You will go to jail for aggravated battery because your neighbor stated that you had a machete." Mrs. Williams stated that after seeing Officer Thomas and Officer Alvarez' unprofessional behavior, she asked Officer Thomas to please contact her supervisor. Mrs. Williams stated that Sergeant Benjamin Payen #5539 responded after a few minutes and conducted himself in the professional and impartial manner that she wishes Officer Thomas and Officer Alvarez would have conducted themselves. Internal Affairs rendered a finding of Inconclusive regarding the allegation of Discourtesy lodged against Officer Thomas.
Recommendations:
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Close as No Finding ( Pre-Panel Closure) based on the CIP's concurrence with the disposition of Internal Affairs.
Case: Patricia Gates CIP#: 09-358 IA#: 09-357
Involved Officer(s): Schonton Harris-#2014
Allegation(s): Discourtesy
DOI: May 8, 2009
Ms. Patricia Gates stated that Officer Schonton Harris is the Godmother to her daughter, Linda Doyle and periodically kept the child. On Mother's Day Ms. Gates alleged Officer Harris would not allow her to see her daughter. Ms. Gates stated she told Officer Harris she wanted to see her daughter on Mother's Day and Officer Harris did not bring her daughter on Mother's Day nor did she answer her telephone. Ms. Gates stated she was able to contact Officer Harris after Mother's Day and when she questioned her as to why she did not bring her daughter back or why she did not answer her telephone, Officer Harris asked her, "Who the fuck are you to question me?" Internal Affairs finalized the case as Inconclusive regarding the allegation of Discourtesy lodged against Officer Harris based on the absence of independent witnesses.
Recommendations:Close as No Finding (Pre-Panel Closure) based on the CIP's concurrence with the Internal Affairs findings.
Case: Ermelinda Gabriel CIP#: 09-327 IA#: 09-305
Involved Officer(s): Eduardo Martinez-#28379(Public Servic Aide)
Allegation(s): Misconduct
DOI: August 12, 2009
Ms. Ermelinda Gabriel alleged that on August 12, 2009, at 570 S.W. 7 Street #3, during a verbal domestic dispute with P.S.A. Eduardo Martinez over their child, he grabbed her by the shoulders and threw her to the floor. P.S.A. Martinez then climbed on top of her and placed his hands around her neck stating, "I'm going to fuck you over." Ms. Gabriel stated after threatening to kill her, P.S.A. Martinez left her residence. It was also alleged by Ms. Gabriel that during the argument, P.S.A. Martinez retrieved a firearm and pointed it at her while she was holding their child. Ms. Gabriel ultimately disclosed that she fabricated the statements after PSA Martinez threatened to have her deported and have their child remove from her custody. Internal Affairs rendered a finding of Inconclusive as to the allegation of Misconduct lodged against P.S. A Martinez.
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Recommendations:
Close as a No Finding (Pre-Panel Closure) since the CIP does not have jurisdiction to investigate civilian employees of the Miami Police Department.
Case: Howard Herring CIP#: 09-341 IA#: 09-429
Involved Officer(s): David Patton
Allegation(s): Abusive Treatment
DOI: June 19, 2009
Mr. Howard Herring stated on June 19, 2009, he observed a policeman on horseback, receive a cup of coffee from the outdoor counter at 3032 Biscayne Boulevard and pour the cup of coffee onto a homeless male, who was sitting on the ground. Mr. Herring stated the officer's purpose seemed to be to move the homeless male from the front of the supermarket. Mr. Herring stated as he drove off, the homeless male stumbled away and he was unable to assess the immediate harm that was done to the homeless male. Internal Affairs classified the case as Withdrawn based on the unavailability of the complainant.
Recommendations:
Case: Maureen Colon CIP#: 09-342 IA#: 09-155
Involved Officer(s): Francisco Sallano-#6216
Allegation(s): Discourtesy
DOI: May 5, 2009
Ms. Maureen Colon stated that she dialed 911 and requested an officer to respond reference a dispute. Ms. Colon alleged that Officer Francisco Sallano responded and intimidated her by using a loud tone of voice and standing to close to her. Internal Affairs rendered a finding of Inconclusive based on the absence of independent witnesses.
Recommendations:
Close as No Finding (Pre-Panel Closure) based on the CIP's concurrence with the Internal Affairs finding.
Case: Victor Ruiz CIP#: 09-343 IA#: 09-331
Involved Officer(s):
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Jeffrey Locke-#4070
Allegation(s): Damaged Property Discourtesy
DOI: September 1, 2009
On September 1, 2009, Mr. Victor Ruiz was driving in the area of SW 8th Street and 34th Avenue. He observed several City of Miami Public Service Aides and Lieutenant Jeffrey Locke directing traffic at a crash. Mr. Ruiz stated that Lieutenant Locke motioned for him to pull over and stated, "Are you fucking stupid? Don't you know how to follow directions? Pull over in front of my car. I'm going to fucking ruin your day." Mr. Ruiz gave Lieutenant Locke his driver's license and he intentionally bent it. Internal Affairs rendered a disposition of Inconclusive regarding the allegations of Damaged Property and Discourtesy lodged against Lt. Locke based on the absence of independent witnesses.
Recommendations:
Close as No Finding (Pre-Panel Closure) based on the improbability of the CIP reaching a conclusion different than that of Internal Affairs.
Case: Tony Nevel CIP#: 09-357 IA#: 09-341
Involved Officer(s): Guillermo Sanchez-#6281
Allegation(s): Discourtesy
DOI: August 21, 2009
Mr. Tony Nevel stated on August 21, 2009, he exited the metro mover, which is located at N.E. Miami Court and 15 Street and he saw Officer Sanchez circling the area and looking at him. He stated Officer Sanchez approached him, pushed him against the metro mover railing and told him to put his hands on top of his head. He stated Officer Sanchez took his wallet out of his pocket and checked him for weapons. Mr. Nevel stated he started to complain to Officer Sanchez that he stopped him illegally and Officer Sanchez told him, "Take it easy." Mr. Nevel stated Officer Sanchez asked him for his name and he told him, "You have my wallet, look inside and see what my name is." Officer Sanchez allegedly handcuffed Mr. Nevel and placed him in the backseat of the police vehicle, and told the security guard "It's okay, you can leave". Mr. Nevel stated Officer Sanchez told him he stopped him because he was informed he was a drug dealer and if he was not such a "bad ass", he could have been nicer with him. Internal Affairs dispositioned the case as Inconclusive.
Recommendations:
Close as No Finding (Pre-Panel Closure) based on improbability that the CIP
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will reach a conclusion different than that of Internal Affairs.
Case: Waldo Moreira Diaz CIP#: 09-371 IA#: 09-008
Involved Officer(s): Matthew Hall-#2692
Allegation(s): Driving Complaint
DOI: August 27, 2009
On August 27, 2009, Mr. Waldo J. Moreira Diaz alleged he observed a City of Miami Police marked vehicle #28270 approaching him from his rear at a high rate of speed, "It looked like 90 mph" southbound on the Florida Turnpike passing the 288th Street exit. Mr. Moreira Diaz stated the officer was about 6" to 1' (one foot) from the rear of his truck. It was additionally indicated by Mr. Moreira Diaz stated the officer was swerving from left to right within the lane, making it obvious that, "he wanted me to move out of his way." Internal Affairs dispositioned the case as Inconclusive based on a Sunpass Transponder Computer Query in addition to the absence of independent witnesses.
Recommendations:
Close as No Finding (Pre-Panel Closure) based on the CIP's concurrence with the Internal Affairs Disposition.
Case: Stephanie Monocoeur CIP#: 09-334 IA#: 09-293
Involved Officer(s): Kelvin Harris-#2822
Allegation(s): Negligence of Duty
DOI: Augusts 6, 2009
On August 6; 2009, Stephanie Moncoeur who is employed as a case worker with the Family Resource Center, called the Miami Police Department to report that she located a runaway juvenile named Charlene Joseph at 145 NE 78 Street. Officers Kelvin Harris and Marilyn Cooper responded. The officers assisted her in locating the juvenile. Ms. Moncoeur requested a "recovery form" from Officer Harris. Officer Harris informed her to go to central station and have the officers there complete the recovery form. Ms. Moncoeur responded to the Miami Police Department headquarters at 400 NW 2 Avenue. She contacted Officer Salvador Lozano and explained the circumstances to him . Officer Lozano made contact with Officer Harris via the police radio and asked him to complete the report. Internal Affairs Substantiated the allegation of Negligence of Duty filed against Officer Harris based on his violation of the following Miami Police Department Departmental Orders: Case closed as No Finding (Pre-Panel Closure) based on the CIP's concurrence with the IA
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disposition.
Departmental Order 1 Chapter 11
1.3 RESPONSIBILITIES: The following are declared to be the Patrol Section's primary responsibilities 1.3.4 The primary officer assigned to a call for service or an officer who self-initiates a call for service is responsible for the preliminary investigation of that crime or incident. Under some circumstances, the primary officer's preliminary investigation may constitute the entire investigation of the crime or incident as in the on-scene arrest of an offender. In most instances however, the primary officer will be involved in the preliminary investigation only while the responsibility for the follow-up investigation of the offense will reside with an investigator from a specialized unit. In conducting preliminary investigations of crimes, offenses, incidents, or conditions, the primary officer is responsible for the following: Observing all conditions and events in and around the crime or incident scene.
Rendering aid to the injured. Maintaining and protecting the crime scene and arranging for the collection of evidence.
Interviewing the complainant, witnesses and suspects. '
Obtaining suspect information and the issuance of a "B.O.L.O."
Locating and identifying all witnesses.
Notifying specialized units, e.g., Homicide, C.S.I., etc.
Preparing the appropriate reports.
Conducting an area canvass.
Apprehending and arresting criminal offenders.
Departmental Order 1 Chapter 11:
11.6.14.2 Interdepartmental:
Members and civilian employees shall cooperate with all agencies engaged in the administration of criminal justice and other public agencies and City departments, and they shall give (to each) all the aid and information that they are entitled to receive. Members and civilian employees answering a call wherein another City agency or department should be notified shall, through official channels, have the appropriate agency notified of the essential details of the complaint. Departmental Order 1 Chapter 11: Departmental Order 1 Chapter 11: 1.3 RESPONSIBILITIES: The following are declared to be the Patrol Section's primary responsibilities: 1.34 The primary officer assigned to a call for service or an officer who
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self-initiates a call for service is responsible for the preliminary investigation of that crime of incident. Under some circumstances, the primary officer's preliminary investigation may constitute the entire investigation of the crime or incident as in the on-scene arrest of an offender. In most instances however, the primary officer will be involved in the preliminary investigation only while the responsibility for the follow-up investigation of the offense will reside with an investigator from a specialized unit. In conduting preliminary investigations of crimes, offenses, incidents, or conditions, the primary officer is responsible for the following: Departmental Order 1 Chapter 11: 11.6.18.11 Respond to Calls: Members of the Department shall, at all times, respond promptly and safely to radio calls for aid. They shall make themselves available for further service, as soon as practicable, upon completion of a call or assignment. The radio receiver's volume shall be adjusted to the point of best audibility at all times, when the unit is in service. Failure to receive a radio call while in service, because the volume control is adjusted too low, or there is excessive or unnecessary noise because the volume control is adjusted too high, shall be considered neglect of duty.
Departmental Order 9 Chapter 13: 13.4.4.3 Warrants and Pick Up Orders:,
All local, state and out-of-state pick up orders must be verified prior to an arrested juvenile being taken to the J.A
Case: City of Miami (Officer Wayne Fortella) CIP#: 09-330 IA#: 09-327
Involved Officer(s): Wayne Fortella-#2012
Allegation(s): Misconduct
DOI: On-going
In or around March 2008, Miami-Dade officers involved in supervising the Crime Stoppers Unit advised investigators of possible corruption occurring within the unit. They indicated that they suspected Officer Fortella was using his position within the unit to manipulate payment of reward monies for his own financial gain, and further advised that Officer Fortella had paid an unusually high amount of reward money to anonymous tipsters in comparison to other detectives in the unit. Subsequent investigation has developed evidence establishing probable cause to believe that Officer Fortella has been working in conjunction with Mr. Burgess and Mr. Stanley to defraud Crime Stoppers by using his official position to obtain tip and reward information which he has then provided to Mr. Burgess and Mr. Stanley to allow them to collect Crime Stoppers rewards to which they were not entitled. Officer Fortella was arrested by the Federal Bureau of Investigation for Wire Fraud and Conspiracy to Commit Wire Fraud. Internal Affairs Substantiated the allegation of Misconduct based on surveillance videos and audio recordings of conversations between Officer Fortella and the co-conspirators. Internal Affairs Substantiated the allegation of Misconduct and determined Officer Fortella
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violated Departmental Order 1, Chapter 11 & Departmental Order2 , Chapter 3-Conduct Unbecoming an Officer, Accepting Bribery, Accepting fees and Immorality). The MPD Disciplinary Board recommended Officer Fortella be terminated.
Recommendations:
Close case as No Finding (Pre-Panel Closure) based on the CIP's concurrence with the Internal Affairs Dispostion.
Case: Allan Cote CIP#: 09-369 IA#: 09-006
Involved Officer(s): Eric Butler-#0754
Allegation(s): Driving Complaint
DOI: July 29, 2009
Mr. Cote alleged that on July 29th 2009 he observed a City of Miami Police marked vehicle #29240 driving in a manner that he described as, "at a high rate of speed around 65mph, like a maniac and erratic" northbound on SW US 1 from Riviera Boulevard, in which Mr. Cote stated the officer cut off several drivers. Mr. Cote described the officer driving city vehicle #29240 to be a, "White, Hispanic, male in his 20's." Internal Affairs rendered a finding of Inconclusive regarding the driving complaint lodged against Officer Butler .
Recommendations: Close as No Finding (Pre-Panel Closure) based on the improbability that the CIP will reach a conclusion different than that of Internal Affairs.
Case: Anonymous CIP#: 09-370 IA#: D09-004
Involved Officer(s): Winsor Lozano-#4182
Allegation(s): Driving Complaint
DOI: June 3, 2009
On June 3, 2009, an anonymous complainant filed a complaint alleging he observed a City of Miami Police marked vehicle (license plate #28108) driving "like a maniac" westbound on SW Kendall Drive. The complainant stated that the police vehicle was observed "cutting off" several drivers. Internal Affairs determined the vehicle was assigned to Officer Winsor Lozano. Internal Affairs rendered a finding of Inconclusive regarding the driving complaint filed against Officer Lozano based Sunpass records and the absence of independent witnesses.
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Recommendations:
Close as No Finding (Pre-Panel Closure) based on the CIP's concurrence with the Internal Affairs finding.
Case: City of Miami (Lt. Lillie Harris) CIP#: 09-348 IA#: 09-184
Involved Officer(s): Lillie Harris-#2824
Allegation(s): Misconduct
DOI: On-going
The Internal Affairs Division (Anti-Corruption Unit) initiated a pro-active investigation after receiving information that Lieutenant Harris would routinely fail to work her 10 hour tour of duty and received compensation for the hours she did not work. The Anti-Corruption Unit conducted several surveillances and was able to verify the aforementioned allegation. Internal Affairs Substantiated the allegation and on May 21st 2009, Lt. Harris was relieved of duty pending the disposition of a Criminal/Administative investigation.
Recommendations: Close as No Finding (Pre-Panel Closure) based on the CIP's concurrence with the Internal Affairs disposition.
Case: Antonio Moreno CIP#: 09-368 IA#: 09-282
Involved Officer(s):
Melissa Buhrmaster-#0715 Daniel Valladares-#27892 Douglas Saenz-#28422 Ebony Robinson-#27654
Allegation(s): Discourtesy Improper Procedure
DOI: July 19, 2009
Mr. Antonio Moreno alleged that on July 19, 2009, several City of Miami Police officers appeared at his residence located at 1360 NW 31st Street, brandishing firearms and pulled him to the ground without explanation. Mr. Moreno further asserted that he requested a supervisor respond to the scene regarding the officers' behavior. According to Mr. Moreno, a female supervisor ultimately arrived at his residence and was patronizing and non-chalant. Internal Affairs initially finalized their case as "Withdrawn". Subsequent inquiries by the CIP, revealed that the complainant alleged he did not voluntarily rescind his complaint, but was coerced into signing a voluntary
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rescission notice by Internal Affairs. The Internal Affairs case was reopened however, the case classification remained as "Withdrawn".
Recommendations: Close as Not Sustained based on the insufficiency of the evidence to sustain or refute the allegations.
Procedural History:
11-16-09 The Internal Affairs investigative report was received by the CIP.
11-19-09 Telephonic contact was initiated with Raquel Thayer(complainant's personal secretary) regarding the complaint.
12-07-09 A face-to-face interview was conducted with the complainant, Antonio Moreno.
12-16-09 Electronic notification was forwarded to the office of Chief Miguel Exposito regarding the complainant's contention that his complaint was not voluntarily rescinded as indicated in the Internal Affairs investigative report .
01-04-10 Telephonic contact was made with Raquel Thayer regarding the status of the investigation.
01-16-10 Chief Exposito was re-informed at the CIP's January 2010 panel meeting of the complainant's assertion that he did not voluntarily rescind his complaint, but was coerced into signing the withdrawal notice by IA.
01-22-10 The Incident Search with Incident Details Report, was obtained by the CIP (this report identifies the number of calls received by law enforcement from a location, the number of police dispatches to a location, as well as the identity of the caller).
01-27-10 Telephonic contact was made with Mr. Moreno and he notified the CIP that he was re-contacted by IA regarding his complaint.
02-02-10 Telephonic contact was made with complainant, Antonio Moreno regarding the status of the CIP investigation.
02-05-10 Telephonic contact was initiated with Sergeant Jose Rodriguez of Internal Affairs and he stated that the Moreno case has be reassigned to him and he will review the case and notify the CIP of his findings.
03-17-10 The Internal Affairs file was obtained and reviewed by the CIP.
03-04-10 Telephonic contact was conducted with Mr. Moreno regarding the status of the IA review (complainant was re-interviewed by IA on March 3, 2010).
04-30-10 Telephonic contact was conducted with Mr. Moreno with regard to the status of the CIP investigation.
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05-03-10 A telephonic interview was initiated with witness, Julia Yanes (landlord) and she confirmed that she contacted law enforcement on the date in question; and the responding officers were in uniform and executed their duties in a professional manner. Ms. Yanes denied witnessing the officers place a firearm to the head of Mr. Moreno or physically assault him. The MPD apprehended the correct suspect without incident, according to Ms. Yanes.
05-04-10 The MPD communications tape was obtained by the CIP (no new information was revealed).
05-04-10 The concise officer history regarding the responding officers was obtained by the CIP (see packet insert).
05-06-10 Case submitted for Closure with Investigator's recommendation of Not Sustained.
05-06-10 Independent Counsel's Concurrence.
Case: Egypt Delayo CIP#: 10-023 IA#:
Involved Officer(s): Unknown
Allegation(s): Improper Procedure
DOI: February 24, 2009
Mr. Egypt Delayo alleged that on February 24th 2010 his vehicle was towed from his Miami Beach residence and he was informed by the towing company that a police officer authorized the tow. Mr. Delayo was not cognizant as to which police department initiated the aforementioned action and had no evidence or information to indicate that the City of Miami Police Department initiated the tow. Case closed as a Pre-Panel Closure based on lack of jurisdiction.
Procedural History
03-02-10 Direct File Complaint received via e-mail.
03-04-10 Independent Counsel forwarded an electronic non-jurisdictional letter to the complainant, Egypt Delayo.
03-04-10 Telephonic contact was initiated with the complainant and he indicated that the incident occurred in Miami Beach and he does not possess any evidence or information indicating that the MPD authorized the towing of his vehicle.
03-05-10 Case Closed as a Pre-Panel Closure (No Finding) based on lack of jurisdiction.
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Case: Esther Quinones CIP#: 10-022 IA#:
Involved Officer(s): Carlos Deschamps-#1478
Allegation(s): Discourtesy Improper Procedure
DOI: February 19, 2010
According to Esther Quinones, her son Joseph Glasser was falsely arrested by Officer Carlos Deschamps on February 19, 2010 and charged with battery on a police officer. The case will be closed a a Pre-Panel (No Finding) based on the absence of a prima facie basis to warrant an investigation.
Recommendations:
Close as Pre-Panel Closure (No Finding).
Procedural History:
02-22-10 The CIP received the Direct File Complaint.
02-22-10 Case submitted to Independent Counsel for preliminary review.
02-23-10 Case forwarded to CIP Investigator from Independent Counsel with instructions to close the case without further action.
03-05-10 Case closed as Pre-Panel Closure (No Finding).
Case: Anonymous CIP#: 10-024 IA#:
Involved Officer(s): Richard Efrece
Allegation(s): Misconduct
DOI: February 17, 2010
An anonymous complainant alleged that on February 17th 2010 Officer Richard Efrece visited the homes of several residents within the Pierpointe Three Complex where he resides, in uniform and intimidated residents into relinquishing their vote to him so that he could become elected to the homeowners' association board. According to the complainant, as a result of Officer Efrece's abuse of authority (requesting proxies in uniform) he was in fact elected to the homeowners' association board.
Recommendations:
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Procedural History:
02-26-10 Direct File Complaint was received from an anonymous complainant (sans the complaint form).
03-02-10 The complaint form along with a request to complete the complaint was forwarded to Pam McCrackine, the representative identified in the complaint (a copy of the complaint was enclosed).
03-04-10 Telephonic contact was intiated with Pam McCrackine, the Property Manager for Landmark Management Services(agency that manages Pierpointe Three Complex) and she denied being a party to the complaint or having any knowledge as to the complaint as defined in the letter forwarded to the CIP.
03-04-10 Ms. McCrackine forwarded an e-mail to the CIP re-affriming the aforementioned statement.
03-05-10 Case forwarded to Independent Counsel for preliminary review (case placed in abeyance).
03-05-10 Case electronically forwarded to the MPD.
Recommendations:
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D. PUBLIC FORUM II
E. ANNOUNCEMENTS
E.1 City Commission Meeting April 22, 2010 RE: Retroactive Compensation for C. Abia. (Suggested alternative date: May 13, 2010) City Hall Commission Chambers
E.2 RSVP: Ethics Workshop April 27, 2010 9:30-12 P.M. City Hall Chambers
E.3 Next CIP Meeting May 16, 2010 5:30 P.M. City Hall Commission Chambers
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