city of miamiegov.ci.miami.fl.us/meetings/2010/1/1960_a... · civilian investigative panel meeting...

Tuesday, January 19, 2010

5:30 PM

City of Miami

City Hall

3500 Pan American Drive

Miami, FL 33133

www.miamigov.com

Regular Meeting City Hall Chambers

Civilian Investigative Panel

Thomas Rebull, Chairperson

Thomas Cobitz, Vice Chair

Susan Weintraub, Secretary

Fred St. Amand, Treasurer

Michelle Delancy, Rudy de la Guardia, Raymond Hart

Janet McAliley, Bess McElroy, Timothy Moore

Brenda Shapiro

Meeting Agenda - Final

January 19, 2010Civilian Investigative Panel Meeting Agenda - Final

PLEDGE

ROLL CALL

APPROVING THE MINUTES OF

ADMINISTRATIVE ISSUESA.

CASE MANAGEMENTB.

ADJOURNMENT

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


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

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

City of Miami Printed on 5/12/2010


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


Unknown Officer

Allegation(s):

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


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:





Case: Sonja L. Williams CIP#: 09-360 IA#: 09-205


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):



Procedural History:





Case: Angel Yune CIP#: 09-324 IA#: 09-206


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):



Procedural History:







Case: Larry Williams CIP#: 09-296 IA#: 09-372


Angel Calzadilla-#0789

Nestor Garcia-#2184

Allegation(s):

Discourtesy

Improper Procedure

DOI: August 14, 2009

Mr. Larry V. Williams alleges that on August 14, 2009, he was arrested in the

area of N.W. 2 Court and 9 Street by Officers Nestor Garcia and Senior

Executive Assistant Angel Calzadilla for Disorderly Conduct. Senior Executive

Assistant Angel Calzadilla allegedly contacted Officer Garcia directly , not via

dispatch, and requested that he come to the scene. Mr. Williams claims that

during his arrest, he was dressed in a President Barack Obama hat and t-shirt

when Senior Executive Assistant Angel Calzadilla stated, "You will not be

drinking beer with Barack Obama, in the White House," referencing the

Professor Gates' incident. Mr. Williams beleives the comment to be racially

biased and that he was falsely arrested by Officer Garcia. According to Mr.

Williams, following his arrest he was placed in the backseat of the police

cruiser while Officer Garcia proceeded to conduct multiple drug raids and two

additional arrests in the Overtown Area for the next two hours. Mr. Williams

also alleges Officer Garcia conducted the raids with the back window of the

police vehicle down so as to expose his face to local drug dealers in an attempt

to portray him as a "snitch." Senior Executive Assistant Angel Calzadilla

reportedly followed Officer Garcia in his unmarked vehicle. A review of the

Computer Aided Dispatch ("CAD") reports reveal that after Officer Garcia

arrested Mr. Williams, he did make two (2) additional stops regarding exigent

circumstances. One case involved someone in possession of a firearm in plain

view and the second stop involved multiple drug arrests wherein the arrestees

were already detained by fellow officers and Officer Garcia 's assistance was

required with regard to transporting one (1) of the offenders. The supervisor

was notified of the additional stops and transporting delay, according to CAD

records. Internal Affairs rendered a disposition of Inconclusive regarding the

allegation of Discourtesy as to Senior Executive Assistant Angel Calzadilla . The

allegation of Improper Procedure was classified as Inconclusive regarding

Officer Garcia.

Observations:

*Officer Nestor Garcia is currently on the CIP's Monitoring List.

Recommendation(s):

Close as Not Sustained as to the allegation of Improper Procedure regarding

Officer Nestor Garcia. Close as Not Sustained as to the allegation of



Discourtesy regarding Executive Assistant Angel Calzadilla.

Procedural History:

09-16-09 An incomplete Direct File Complaint was received.

09-17-09 Correspondence acknowledging receipt of the complaint, in

addition to a request for additional information regarding the complaint, was

forwarded to the complainant via e-mail and U.S. Mail.

09-18-09 Face-to-Face contact was conducted with the complainant and the

completed complaint packet was obtained.

09-22-09 Correspondence regarding the status of the case was forwarded to

the complainant.

10-15-09 Arrest Affidavit #090814-254247 was obtained from the MPD.

10-16-09 A public information request for the 911 Communications tapes

was forwarded to Barbara Delgado, MPD Communications Manager.

10-22-09 The 911 dispatch tape was received and reviewed by the CIP (the

tape indicated that Mr. Williams complained that he was being harassed and

was uncertain of the harasser's identity).

10-28-09 The Internal Affairs Investigative Report was received.

12-06-09 Telephonic contact was initiated with Mr. Williams regarding the

status of the investigation.

12-16-09 The Internal Affairs file and taped statements were obtained and

reviewed.

12-31-09 Submitted for Closure with Investigator's recommendation to close

the case as Not Sustained as to the allegation of Improper Procedure

regarding Officer Nestor Garcia and Not Sustained as to the allegation of

Discourtesy lodged against Senior Executive Assistant Angel Calzadilla .

12-31-09 Independent Counsel's Concurrence.

01-08-10 The case was presented before the Complaints Committee and

the recommendation of Not Sustained regarding the allegations of Improper

Procedure and Discourtesy lodged Officer Garcia and Calzadilla respectively ,

was approved.

01-19-10 The case was presented before the full Panel a nd the

aforementioned recommendations were accepted.

01-20-10 Face-to-Face contact was initiated with Thomas Horner, (305)

373-2683 (attorney for Larry Williams) who listened to the communications

tape in the CIP office and inquired as to the CIP's findings. Mr. Horner



indicated that Mr. Williams did not inform him of the venue change. Mr. Horner

was informed that the CIP e-mailed the information regarding the venue

change to Mr. Williams at [email protected].

Case: Lee Harris CIP#: 09-173 IA#: 09-167


Josue Herrera-#27890

Allegation(s):

Improper Procedure

DOI: April 18, 2009

Mr. Lee Harris stated that on April 18, 2009, he was walking with a female to

Miami--Dade Community College when a security guard contacted the police

over a prior issue that was previously resolved. According to Mr. Harris, Officer

Herrera arrived on the scene and instructed him to sit on the ground. Mr. Harris

indicated to Officer Herrera that since he was not under arrest , he would rather

stand. In response, Officer Herrera allegedly grabbed Mr. Harris' arm,

slammed him to the ground, and charged him with trespassing. Following the

arrest, Officer Herrera reportedly informed Mr. Harris he could not take all his

personal possessions with him to jail, which consisted of a gym bag, a

business kit valued at $400.00, a prepaid cellular phone, leather case, Iowa

food stamp card, and clothing. Mr. Harris stated after his release from jail, he

went to the Miami Police Central Station to retrieve his belongings and some of

his personal items were unaccounted for. Mr. Harris further alleged that he

contacted Officer Herrera at the Central Police Station reference his property

and Officer Herrera informed him that he had thrown away the rest of Mr .

Harris' property. Officer Herrera disclosed during his sworn Internal Affairs

statement that he had discarded the personal property of Mr. Harris. Based

upon Officer Herrera's admission, Internal Affairs Substantiated the allegation

of Improper Procedure and concluded that Officer Herrera violated the

following Departmental Orders:

DEPARTAMENTAL ORDER 11 Chapter 10 HOMELESS:

· 10.7 PROPERTY: 10.7.1 The City shall respect the personal property of all

homeless persons. Officers shall follow existing policies for taking custody of

personal property. In no event shall any officer destroy any personal person, or

readily recognizable as property of a homeless person unless it is

contaminated or otherwise poses a health hazard to an officer or to members

of the public. Officers are not responsible for taking custody of mattresses.

· 10.7.2.1 The arresting officer shall always attempt to secure personal items

such as identification, medicines and eyeglasses and other small items of

importance identified by the arrestee, which are not large or bulky, in

accordance with the police department's existing procedures;

· 10.7.2.2 The arresting officer shall ensure that large or bulky items (which

are not contaminated or otherwise pose a health hazard to the officers or to

members of the public) are not abandoned at the point of arrest, but rather



secured by an outreach worker and maintained by existing outreach

procedures. If an outreach worker is unavailable, then it must be secured by

the arresting officer until an outreach worker becomes available to assume its

maintenance in accordance with existing outreach procedures.

· 10.7.3 In no event shall any law enforcement officer destroy any personal

property known to belong to a homeless person, or readily recognizable as

property of a homeless person (i.e. clothing and other belongings organized or

packaged together in a way indicating it has been abandoned) except as

permissible by law (in accordance with the department's operating

procedures), or if the property is contaminated or otherwise poses a health

hazard to officers or to members of the public.

DEPARTMENTAL ORDER 14 CHAPTER 3 PROPERTY UNIT:

· 3.4.2.2 Prisoner's Personal Property: Personal property taken from

prisoners will be checked in at the Booking Desk at the Miami-Dade County

Jail. The County facility will accept only one bag per prisoner and it can be no

larger than 17" inches by 12" inches by 6 3/4" inches. The Property Unit will

store larger items such as duffel bags, suitcases and other containers that will

not be accepted at the Miami-Dade County Jail

Recommendation(s):

Close as Sustained as to the allegation of Improper Procedure regarding

Officer Josue Herrera based on the officer's admission he failed to properly

secure the complainant's personal possessions.

Procedural History:

05-05-09 Direct File Complaint was received.

05-05-09 A face-to-face interview was conducted with the complainant.

05-06-09 Independent Counsel conducted a preliminary review of the

complaint.

05-06-09 Direct File Complaint was forwarded to the MPD.

05-08-09 Correspondence acknowledging receipt of the complaint was

forwarded to the complainant, Lee Harris via U.S. Mail.

08-21-09 The Internal Affairs Investigative Report was received by the CIP.

08-27-09 Independent Counsel conducted a secondary review of the file and

Internal Affairs Investigative Report.

11-20-09 Arrest Affidavit #090418-116739 was obtained from the MPD.

11-24-09 A public records request regarding disciplinary history of Officer

Josue Herrera was requested from the MPD.



12-09-09 The MPD was contacted via e-mail regarding the status of the

CIP's public records request regarding the disciplinary history of Officer Josue

Herrera.

12-09-09 The disciplinary history of Officer Josue Herrera was received by

the CIP. Officer Herrera received a Record of Formal Counseling for the

infraction in question.

12-16-09 The complete Internal Affairs file and recorded statements were

obtained and reviewed.

12-31-09 Submitted for Closure with Investigator's recommendation to close

the case as Sustained as to the allegation of Improper regarding Officer

Herrera.



the recommendation to Sustain the allegation of Improper Procedure lodged

against Officer Herrera was approved.

Case: Tanya Monk CIP#: 09-177 IA#: 08-383


Shemia Hall-#27566

Claudia Celestin-#1070

Allegation(s):

Discourtesy

Negligence of Duty

DOI: November 30, 2009

Ms. Tanya Monk alleges that Officer Shemia Hall and Sergeant Claudia

Celestin failed to generate a police report after her son's father knocked out a

tooth (implant) during a physical altercation. She also claims that Officer

Shemia Hall used profanity during the police encounter and refused to contact

the State Department of Children and Families ("DCF") regarding suspected

child abuse. Internal Affairs rendered a finding of Inconclusive regarding the

allegation of Discourtesy filed against Officer Shemia Hall based on the

absence of independent witnesses. Sergeant Celestin was Cleared on the

allegation of Negligence of Duty. Internal Affairs determined that Sergeant

Celestin interviewed several officers on the scene who all classified the incident

as corporal punishment. Sergeant Celestin was informed by Officer Hall that

the Domestic Violence unit was consulted regarding the incident and

subsequently provided instructions to reclassify the call as a disturbance (the

call was initially classified as a domestic violence incident) and the MPD does

not generate reports for disturbance calls.

Observations:

· According to the recorded statements, three (3) MPD officers responded to

a domestic violence call involving a father allegedly knocking a child's tooth out



with his hand. All three (3) officers classified the incident as "corporal

punishment" and determined that a referral to DCF was not warranted.

· A review of the Internal Affairs recorded statements revealed that Peter

Reynolds was identified as the Domestic Violence detective contacted by

Officer Hall regarding the case in question. However, Detective Reynolds

indicated in his sworn statement that he does not recall speaking with Officer

Hall regarding the Monk case, does not have any notes regarding the incident

nor does he typically become involved with cases regarding corporal

punishment. Detective Reynolds also indicated that the Domestic Violence unit

instructs officers to generate a report if a citizen requests one . Additionally,

Det. Reynolds is a domestic violence investigator however; the MPD

departmental policy requires that allegations of child abuse be reported to a

sexual battery/child abuse investigator.

· The Internal Affairs recorded statements also revealed even after Ms. Monk

visited a local MPD police station, an officer still did not contact a child

abuse/exploitation detective nor DCF regarding the allegation of child abuse as

required in Departmental Order 9, Chapter 2 § 2.4 Procedures, which requires

Mandatory Notification of Sexual Battery/Child Abuse Cases to Investigators:

Sexual Battery/Child Abuse investigators will be notified of all sexual battery

cases, child abuse or neglect cases, lewd and lascivious cases involving

minors, and all aggravated elderly abuse cases. A unit investigator must be

notified of any department contact or arrest of a designated sexual predator or

sexual offender. Ms. Monk was provided with DCF's telephone number and

she reported the incident to the DCF child abuse hotline.

Recommendation(s):

Close as No Finding based on the complainant's failure to cooperate with the

investigation.

Procedural History:

05-07-09 The Internal Affairs report was received.

12-04-09 A 10-Day letter was forwarded to the complainant.

12-16-09 The Internal Affairs file and recorded statements was obtained and

reviewed.

12-28-09 A public information request regarding fire-rescue services was

submitted to the MPD Fire Prevention Bureau via e-mail.

12-29-09 Telephonic contact was initiated with the complainant and she

indicated that she is not interested in pursuing an independent investigation

and requested the CIP not re-contact her.

12-31-09 Case submitted for closure with Investigator's recommendation of

No Finding.





the recommendation of No Finding as to the allegation of Improper Procedure

lodged against Officers Hall and Celestin was approved.

01-19-10 The case was presented before the Full Panel and the

recommendation of No Finding as to the allegation of Improper Procedure

lodged against Officers Hall and Celestin was approved.

Case: Alcene Williams CIP#: 09-362 IA#: 09-336


Alejandro Gutierrez-#27878

Allegation(s):

Discourtesy


The complainant, Mrs. Alcene Williams, alleges that on September 7, 2009,

Officer Gutierrez pulled her vehicle over at N.W. 12 Avenue & 71 Street. Mrs

Williams stated Officer Gutierrez called three other units to the scene as if she

and her mother, Mrs. Hamlah Williams, were criminals. Officer Gutierrez

allegedly failed to inform Mrs. Williams of her traffic violation but issued her

citation #9027-RTR1( for speeding) while three (3) officers blocked her vehicle

in. According to Mrs. Williams, Officer Gutierrez treated her mother

unprofessionally by loudly instructing her to get back inside the car. It was

further alleged by Mrs. Williams that the unprofessional behavior of Officer

Gutierrez caused her mother to cry. Following the issuance of the ticket, Mrs.

Williams stated Officer Gutierrez drove off smiling and laughing at her and her

mother as if he considered the ordeal a joke. Internal Affairs classified their

investigation as Withdrawn alleging Mrs. Williams voluntarily rescinded her

complaint.

Recommendation:

This appears to be one of several cases handled by Internal Affairs Detective

Agustin Rabasa wherein the complainant denies voluntarily retracting their

complaint. It is therefore recommended that this complaint be resubmitted to

Internal Affairs for subsequent investigation.

Procedural History:


11-05-09 A 10-Day letter was forwarded to the complainant.

11-05-09 Telephonic contact was initiated with the complainant, Mrs. Alcene

Williams, and she adamantly denied voluntarily rescinding her complaint. Mrs.

Williams acknowledged reading the contents of the Voluntary Withdrawal Form



however; she alleged the Internal Affairs detective indicated signing the form

was a formality required of all complainants and the matter would still be

investigated. This appears to be one of several cases handled by Internal

Affairs detective Augustin Rabasa wherein the complainant denies voluntarily

withdrawing the complaint. It is recommended that this case be resubmitted to


11-06-09 A follow-up letter in addition to a copy of the Internal Affairs report

was forwarded to the complainant with instructions to notify the CIP of any

inaccuracies or omissions regarding the Internal Affairs investigation .

11-12-09 Telephonic contact was initiated with the complainant and she

reiterated that she did not voluntarily withdraw her complaint. Mrs. Williams

indicated that her statements were grossly misrepresented in the Internal

Affairs report regarding how the case was concluded.

12-30-09 An on-line database search regarding Mrs. Williams revealed

citation #9027 RTR 1 was dispositioned as adjudication withheld.

12-31-09 Case submitted for closure.


01-08-10 The case was presented before the Complaints Committee and a

vote was passed to present the case before the full panel for final disposition.

01-19-10 The case was presented before the full Panel and a finding of No

Finding was rendered regarding the allegation of Discourtesy.

Case: Tom Philips CIP#: 09-365 IA#: 09-453


Unknown

Allegation(s):

Misconduct

DOI: Unknown

An individual telephonically contacted the CIP and alleged that an unidentified

City of Miami Police Captain accepted the offer of the Miami Yacht Club

(located at 1001 McArthur Causeway, Miami, FL) waiving their $1,800 initiation

fee for his admission into the organization. The fee was reportedly waived

because the board members anticipate this individual may some day become

Chief of Police. The complainant emphasized that he does not want to get

involved and is not interested in completing a complaint form; he is simply

"passing along the information". The complainant reluctantly identified himself

as "Tom Philips" and the caller ID screen did not provide a telephone number

("private number" appeared on the display screen). Internal Affairs classified

the case as "Information Only" based on the unavailability of the complainant.

Recommendation:



Close as No Finding (Summary Disposition) based on the unavailability of the

complainant.

Procedural History:

11-13-09 Direct File complaint was received.

11-13-09 Independent Counsel conducted a preliminary review of the case.

11-13-09 The complaint was forwarded to the MPD.

12-28-09 Internal Affairs correspondence was received indicating the case

has been closed as Information Only until such time as the complainant comes

forward with additional information. Internal Affairs also indicated the Miami

Yacht Club was contacted regarding the allegation and an agency

representative indicated that all MPD officers who are members of the club are

current on all monthly fees and dues (the letter did not indicate whether any

officers received abridged initiation fees).

12-29-09 An e-mail was forwarded to the Miami Yacht Club regarding the

allegation in question.

12-29-09 Telephonic contact was initiated with Gus Vuloaga, the

Commodore at the Miami Yacht Club and he denied the allegation and stated

the organization has waived certain fees for members but never for the a police

officer. Mr. Vuloaga alleged that the MPD officers are being targeted by

individuals who are angry over receiving citations for various land and water

violations.


No Finding.



the recommendation of No Finding as to the allegation of Misconduct was

approved.

Case: Roberto Almonte CIP#: 09-257 IA#: 09-090


Anthony Perez-#5580

Allegation(s):

Discourtesy

DOI: March 15, 2009

On March 15, 2009, following the Calle Ocho festival, Mr. Almonte was

arrested for battery on a law enforcement officer with a motor vehicle (victim

Officer Perez) and failure to obey a law enforcement officer (MPD Case

#090315-078258). Mr. Almonte alleges that once he disobeyed the officers



command to reposition his vehicle, Officer Perez approached him and using

profanity, inquired if he wanted to go to jail. Officer Perez allegedly grabbed

Mr. Almonte, pulled him out of the car, handcuffed him and continued to use

the word "F" word. Mr. Almonte claims his vehicle, a 1998 Cadillac, was

damaged when it was towed to Ted & Stans Storage yard located at 658 N.W.

30 Street. Mr. Almonte claims that he was advised by Ted & Stans that the

damages to the front bumper, glove box, and windshield wipers control were

done by the police because they were searching for narcotics and he (Mr.

Almonte) is black. Internal Affairs classified the case as Inconclusive based on

the absence of independent witnesses.

Recommendation:

Close as No Finding (summary disposition) based on the limitations of

investigative statutory timeframes.

Procedural History:



08-06-09 An on-line database search was conducted regarding the

complainant, Roberto Almonte, which revealed the criminal case is still

pending.

08-10-09 A 10-Day Letter was forwarded to the complainant.

08-13-09 Telephonic contact was made with Mr. Almonte with a request that

he provide a supplemental narrative regarding any inaccuracies or omissions

pertaining to the Internal Affairs investigation.

08-27-09 A supplemental narrative was received by the CIP from the

complainant.

08-28-09 Independent Counsel conducted a secondary review of the file and

Internal Affairs Investigative Report.

09-01-09 Face-to-Face contact was made with witness, Pablo Castillo

(witness provided by the complainant) regarding the incident and he requested

to meet at another time as this date was inconvenient for him.

12-30-09 Telephonic contact was attempted with witness, Delsa Garcia,

without success.

12-30-09 An on-line database search revealed that the criminal case

regarding Mr. Almonte was dispositioned as No Action.


No Finding.





the recommendation of No Finding as to the allegation of Discourtesy was

approved.

Case: City of Miami (Officer Manuel Castillo) CIP#: 09-349 IA#: C09-348


Manuel Castillo-#0908

Allegation(s):

Misconduct

DOI: June 28, 2009

On June 28, 2009, the MPD Communications Unit received a telephone call

from the Florida Highway Patrol advising they were investigating a road rage

incident that involved Detective Manuel Castillo. The caller, Lieutenant Allen

Carter of the Florida Highway Patrol, advised that Sgt. Visney stopped

Detective Castillo as a result of a 911 call where a motorist alleged Detective

Castillo was driving aggressively and displayed a firearm in a threatening

manner. Internal Affairs classified the case as "Information Only" after multiple

unsuccessful attempts to contact the complainants (Erica Mock and Robert

Allen). The State Attorney's Office in Hillsborough County where the incident

occurred, provided written correspondence indicating they attempted to contact

the complainants as well (including by subpoena) and were unsuccessful.

Recommendation:


complainants.

Procedural History:



11-03-09 Telephonic contact with the complainants was initiated and the

telephone number was determined to be inoperable.

11-03-09 An on-line database search was conducted regarding the

complainants did not reveal any additional or supplemental information.

11-03-09 A public records request was made with the MPD requesting the

Internal Affairs file.

11-04-09 The Hillsborough County State Attorney's Office Close-Out

Memorandum was received and reviewed by the CIP. The Close-Out

memorandum states the SAO is unable to preceed with prosection for the

following reasons:



· As part of this office's pre-filing investigation, the undersigned ASA

attempted to contact the victims. A letter was sent out to each victim requesting

that they contact this office and arrange a pre-filing interview within 10 days;

however the letters were returned undelivered. Subsequently, two subpoenas

were issued and served on the victims to appear before the State. However,

both victims failed to appear and have made no effort to contact this office .

Without the cooperation of the victims, the State would be unable to prove

beyond a reasonable doubt the charge of improper exhibition of a firearm. For

this reason, the charge will be declined.

12-16-09 The Internal Affairs file and communications tapes produced by the

FHP and the MPD were obtained and reviewed.


No Finding.



the recommendation of No Finding as to the allegation of Misconduct was

approved.

Case: Diego Fernandez CIP#: 09-328 IA#: 09-039


Lieutenant Jorge Castro-#0928

Allegation(s):

Discourtesy

DOI: February 5th 2009

Mr. Fernandez alleges that on February 5, 2009, while waiting for parking in

the rear of Bayside with his wife and son, he had a dispute with a City of Miami

police officer. Mr. Fernandez claims a white Hispanic male in a white Chevrolet

Malibu approached him and made a facial and hand gesture for him to move

his vehicle. Mr. Fernandez did not move because he was still waiting for

parking. In response, the driver turned on red and blue police lights in his

vehicle. According to Mr. Fernandez, when he saw the lights, he realized that

now he was dealing with a police officer and not someone looking for trouble .

Mr. Fernandez stated that he pulled alongside the officer, later identified as

Lieutenant Castro, and lowered his window. Lieutenant Castro yelled at him

and stated, "Don't you see that I'm coming in." Lieutenant Castro

subsequently issued him a citation for obstructing a traffic lane (#7211-FEX 4).

Mr. Fernandez also alleges that Lieutenant Castro ultimately challenged him to

a meeting outside the presence of his wife and son. Internal Affairs classified

the case as Inconclusive based on the absence of independent witnesses to

refute or substantiate the allegation.

Recommendation:



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

voluntary rescission of the complaint.

Procedural History:



10-14-09 A 10-Day letter along with a copy of the Internal Affairs Investigative

Report was forwarded to the complainant.

11-04-09 Telephonic contact was made with the complainant, Mr.

Fernandez, who stated that he did not wish to pursue an independent

investigation.


No Finding.



the recommendation of No Finding as to the allegation of Discourtesy was

approved.

Case: Alberto Garcia CIP#: 09-398 IA#: 09-291


Lester Bohnenblust-#0464

Allegation(s):

Discourtesy

DOI: July 30, 2009

Mr. Alberto F. Alvarez Garcia stated that on July 30, 2009, Officer Lester

Bohnenblust responded to the Navarro Pharmacy located at 3949 S.W. 8

Street reference a shoplifter. During the shoplifting incident, Mr. Garcia alleges

that Officer Bohnenblust instructed him to stop the shoplifter and when he

refused, Officer Bohnenblust shoved him against his police vehicle in a rough

manner. Mr. Garcia alleges the officer told him in Spanish, "tu no me

entiendes? Al parecer estas muy viejo y noentiendes nada" (Don't you

understand me? It seems you're too old and do not understand anything.).

Internal Affairs dispositioned the case as Withdrawn based on the

complainant's voluntary retraction of his complaint.

Recommendation:

This appears to be one of several cases handled by Internal Affairs Detective

Agustin Rabasa wherein the complainant denies voluntarily retracting their

complaint. It is therefore recommended that this complaint be resubmitted to




Procedural History:





12-23-09 Telephonic contact was made with the complainant and he indicated

he did not wish to pursue an independent investigation. However; the

complainant denied voluntarily withdrawing his complaint with Internal Affairs .

Mr. Garcia stated he signed the withdrawal notice without reading it based on

the detective's assertion that signing the notice was a formality required of all

complainants.

12-31-09 Case submitted for closure.


01-08-10 The case was presented before the Complaints Committee and a

vote was passed to present the case before the full panel for final disposition.

01-19-10 The case was presented before the full Panel and the

recommendation of No Finding as to the allegation of Discourtesy was

approved.

Case: Fernando Bacallao CIP#: 09-310 IA#: 08-363


Tammy Chinea-#1051

Juan Nodal-#5267

Allegation(s):

Misconduct

Missing Property

DOI: October 2, 2009

Mr. Fernando Bacallao alleged on October 2, 2008 while at Yambo's restaurant

located at 1643 S.W. 1 Street, he was arrested by Officer Tammy Chinea and

thrown on top of the police vehicle. During the arrest Officer Tammy Chinea

allegedly told Mr. Bacallao she was going to take his flare gun, shove it in his

rectum and fire the flare to see him blow up. Juan Nodal reportedly conducted

a search of Mr. Bacallao and stole $628.00 in U.S. currency and he also called

him a queer (maricon), a Taliban and a Muslim, all because he has a Raul

Martinez and a Barack Obama bumper sticker on his vehicle. Mr. Bacallao

stated he had a brown bag in the trunk of his vehicle that contained

approximately $9,000.00 worth of jewelry, which was also went missing. When



Mr. Bacallao went to collect his vehicle from Ted and Stan's tow yard, he was

allegedly informed by an employee that the officers came to the yard , searched

his vehicle and took his property. Internal Affairs cleared Officer Tammy

Chinea and Juan Nodal on the allegation of Discourtesy. The allegation of

Missing Property was dispositioned as Inconclusive by Internal Affairs

regarding Officer Nodal.

Recommendation:


complainant.

Procedural History:





12-09-09 A public information request was placed with the MPD regarding the

Internal Affairs filed.

12-16-09 The Internal Affairs file was received which contained a property

receipt indicating the complainant collected several of the items he alleged

were stolen by the police. The Internal Affairs file also contained taped

statements from Yambo's employees as well as employees for Ted and Stan

Towing, all of whom refute Mr. Bacallao's account of the incident in question.

12-30-09 Telephonic contact was initiated with the complainant and the

respondent indicated the CIP has an incorrect telephone number for Mr .

Bacallao.

12-30-09 An on-line database search did not reveal any new information

regarding the complainant.


No Finding.



the recommendation of No Finding regarding the allegations of Misconduct and

Missing Property as to the principal officers was approved.

Case: Carlos Reyes CIP#: 09-322 IA#: 09-324


Sergeant David Peraza-#0909

Allegation(s):



Discourtesy


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:



Case: Mike Hayes CIP#: 09-337 IA#: 09-227


Carlos Mendez-#4714

Allegation(s):

Discourtesy

DOI: July 23, 2009

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


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:


complainant.

Case: Yolanda Robaina CIP#: 09-361 IA#: 09-335


Unknown

Allegation(s):

Discourtesy


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 .

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


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


Esdras Vilbrun-Solid Waste Employee

Allegation(s):

Misconduct


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.

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


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


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


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.

03-22-10 The Internal Affairs recorded statements were obtained and

reviewed.


No Finding.

05-05-10 Independent Counsel's concurrence.

Case: Idania Amargos CIP#: 09-369 IA#: 09-376


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


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

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


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:

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


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


Eduardo Martinez-#28379(Public Servic Aide)

Allegation(s):

Misconduct


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.

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


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:

INVESTIGATION HEARINGC.

DISCUSSIONSD.

RESOLUTIONSE.


city of miamiegov.ci.miami.fl.us/meetings/2010/1/1960_a... · civilian investigative panel meeting...

Documents