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 City of Miami Page 2 Printed on 10/19/2015 Civilian Investigative Panel Meeting Agenda October 20, 2015 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 City of Miami Page 3 Printed on 10/19/2015 Civilian Investigative Panel Meeting Agenda October 20, 2015 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). City of Miami Page 4 Printed on 10/19/2015 Civilian Investigative Panel Meeting Agenda October 20, 2015 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 City of Miami Page 5 Printed on 10/19/2015 Civilian Investigative Panel Meeting Agenda October 20, 2015 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.