city of miamiegov.ci.miami.fl.us/meetings/2016/3/3025_a_civilian_investigative... · city of miami...

Tuesday, March 15, 2016

5:30 PM

City of Miami

City Hall

3500 Pan American Drive

Miami, FL 33133

www.miamigov.com

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

Meeting Agenda - Final

March 15, 2016Civilian Investigative Panel Meeting Agenda - Final

PLEDGE OF ALLEGIANCE

ROLL CALL

APPROVING THE AGENDA FOR MARCH 15, 2016

APPROVING THE MINUTES FOR FEBRUARY 16, 2016

A. REPORTS

A. 1 Chairperson - Horacio S. Aguirre

A. 2 Independent Counsel - John Quick, Esq.

A. 3 Executive Director - 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

F. ANNOUNCEMENTS

Friday, April 1, 2016 @2:00pm Complaints Committee Meeting

at the CIP Office 970 S.W. 1st. Street; Suite 305 Miami, FL 33130

Tuesday, April 19, 2016 @5:30pm Panel Meeting

at City Hall Commission's Chambers 3500 Pan American Drive; Miami, FL 33133

City of Miami Printed on 3/9/2016


C. INVESTIGATIONS

Case: Jorge Martinez CIP#: 15-266 IA#: 15-022S

Involved Officer(s):

Matthew Hall, 2692

Allegation(s):

Improper Procedure

Discourtesy*

DOI: February 7, 2015

Investigated by: Elisabeth Albert

Procedural History:

On 02/09/2015 Internal Affairs received a Complaint Form from Sergeant Alina

Pena (5557) against Officer Hall alleging Improper Procedure. Sergeant

Teresa Borkowski (0499) was assigned to investigate the complaint. On

06/04/2015 the allegation of Improper Procedure was closed as Withdrawn.

Note: There were no sworn/recorded officer statements taken. The file was

received by the CIP on December 21, 2015.

Complaint:

Mr. Martinez advised the CIP in writing that he stopped at the Shell Gas

Station, 2775 SW 28 Terrace to use the bathroom. As he was rushing to the

bathroom, Mr. Martinez admitted he inadvertently brushed passed Officer Hall 's

shirt sleeve. Officer Hall stated, "Hey buddy, you could have walked around."

Upon exiting the facilities, Mr. Martinez approached Officer Hall, who was now

standing with Officer Martha Alas (0069) with the intention of apologizing. As

Mr. Martinez approached Officer Hall asked in a disrespectful tone, "What do

you want?" Mr. Martinez advised the officers that he was a police officer .

Officer Hall responded with, "So what" or "What are you going to do about it"

and "You should know better." Mr. Martinez recognized from Officer Hall's

verbal and physical body language that the conversation was escalating and

requested the officer's name. Officer Hall responded by stepping towards Mr.

Martinez in a threatening or/or intimidating way, so Mr. MArtinez elected to

return to his vehicle. As Mr. Martinez left the area, he observed Officer Hall

write down his tag number.

Investigation:

Attempts were made unsuccessfully to contact Officer Hall . Telephone contact

was made with Mr. Martinez who advised he was contacted by Sergeant

Borkowski, whom he knew from his previous employment with Miami Police

Department. Mr. Martinez felt Sergeant Borkowski persuaded or "sweet

talked" him out of pursuing his complaint by telling him that it was being

handled at a supervisory level. However, based on the Officer Hall's pattern of

C. 1



complaints and behavior, and the fact that his complaint was not documented

in its full detail, Mr. Martinez requested his complaint be investigated. Contact

was made with Officer Alas who advised she vaguely recalled the call she and

Officer Hall were on, but she does not remember Officer Hall having contact

with anyone else.

In order to see if Officer Hall made an unauthorized inquiry of the tag number

on Mr. Martinez's vehicle, an inquiry was made for his Driver and Vehicle

Information Database (D.A.V.I.D.) records on the date of incident. D.A.V.I.D. is

a multifaceted database that affords immediate retrieval of driver and motor

vehicle information to law enforcement and criminal justice officials . From the

records received from MPD it does not appear that Officer Hall attempted to

retrieve any information related to the complainant or his tag through the police

database.

Records show that Mr. Martinez has been a certified Law Enforcement Officer

in the State of Florida from 02/18/1976, having worked for the City of Miami as

a police officer from 10/15/1975 until his resignation on 09/01/1990, and is

currently employed as a police officer with Florida City Police Department .

Administrative Policy and Departmental Orders Considered:

DO 1, Chapter 11, Rules and Regulations:

11.6.9.5 To Give Badge Number and Name on Request: Members and

civilian employees shall give their names and ranks or positions in a respectful

manner to any person who may request them and shall be prompt in identifying

themselves when the occasion arises.

11.6.13.6, Tact and Consideration: Members and civilian employees

should remember that tact and consideration will be of great value in any work

that is to be done, and they should cultivate the ability to meet and deal with

people easily.

DO 13, Chapter 3, Computer Use Policy:

3.1 Policy: The Miami Police Department relies on its computer networks

to conduct its business. To ensure that the Department's computer resources

are used properly by its' employees, independent contractors, agents, and

other computer users, the Miami Police Department has created this Computer

Use Policy (the "Policy").

The rules and obligations described in this policy apply to all users (the

"Users") of the Miami Police Department's computer network, wherever they

may be located. V8olations will be taken very seriously and may result in

disciplinary action, including reprimand, possible termination, civil and/or

criminal liability.

The Computer Resources are the property of the Miami Police Department and

may be used only for legitimate business purposes. Users are permitted

access to the computer resources to assist them in the performance of their

jobs. Use of the computer resource is a privilege that may be revoked at any

time.



Employees shall make electronic communication truthful and accurate, using

the same care in drafting e-mail and other electronic documents as for any

other written communication. Keep in mind that anything created or stored on

the computer resources may, and likely would, be reviewed by others.

In using or accessing our computer resources, users must comply with the

provisions outlined in this chapter, as well as, any updates that may follow.

3.8.3 Compliance with Applicable Laws and Licenses: In their use of

computer resources, users must comply with all software licenses, copyrights,

and all other state, federal, and international laws governing intellectual

property and online activities.

APM 1-98, Computer Use:

Prohibited Practices: All city employees shall abide by the standards for

appropriate use established in this policy and confine their activities to the

conduct of official City business. Prohibited practices include, but are not

limited to:

1. Use of the technology and network resources in violation of Federal, State

or local laws, regulations, administrative orders, or departmental rules.

5. Violations of personnel or departmental rules.

15. Any other use not in the course of conducting official City business .

Enforcement: Violations of the Administrative Policy subject the employee to

disciplinary action up to, and including, termination.

Recommendations:

CIP Staff recommends that an allegation of Improper Procedure be Sustained

based on Officer Hall's failure to provide his name and badge number in a

respectful manner, and that a second allegation of Improper Procedure for

misuse of D.A.V.I.D. be closed as Unfounded because the acts complained of

did not occur. Staff also recommends that an allegation of Discourtesy be

added and Sustained based on the knowledge and credibility of Mr. Martinez.

Officer Hall was hired on 03/22/2004 and has had 29 citizen complaints, 2

driving complaints, 1 firearm discharge, and 12 use of force incidents. He was

added to the CIP's Monitoring List on 06/18/2015, 11/18/2015, and 02/17/2016.

Investigative Notes:

12/21/2015 The Internal Affairs ("IA") investigative report was obtained.

12/23/2015 Executive Director conducted a preliminary review of the case.

12/23/2015 Case assigned to Investigator Albert for investigation.

12/23/2015 A 10-day letter accompanied by the IA Report was forwarded to

the Complainant.

12/29/2015 An initial notification letter was mailed to the Principal Officer.



01/04/2016 Attempted to contact Mr. Martinez at the telephone number

listed in the IA Report and was advised it was the wrong number.

01/04/2016 Telephone contact was made with Mr. Martinez.

01/11/2016 An email with an attached letter was received from the

Complainant stating the facts as he remembers them.

01/11/2016 A witness notification letter was emailed to Officer Alas.

01/11/2016 A request was made for an audit of Officer Hall's D.A.V.I.D.

system records from the date of incident.

01/14/2016 Officer Alas contacted the CIP.

01/25/2016 Officer Hall's DAVID records were received and reviewed.

02/08/2016 An email was sent to Assistant Director of Human Resources

Ricardo Martinez requesting confirmation of the Complainant's employment

with MPD.

02/09/2016 Terrella Johnson from Human Resources confirmed that Mr.

Martinez was employed as a Miami Police Officer from 10/15/1975 until his

resignation on 09/01/1990.

02/22/2016 Case submitted for closure with Investigator's recommendation.

03/04/2016 Mr. Martinez was present and testified on the facts of his

complaint at the Complaints Committee meeting. The Complaints Committee

voted to accept Staff's recommendation.



D. NO FINDINGS

Case: Kent Robbins CIP#: 15-263 IA#: D15-008


Daniel Rodriguez #5964

Allegation(s):

Driving Complaint

DOI: July 16, 2015

Investigated by: Michael Lucas

Procedural History:

This complaint was filed with Internal Affairs on July 22, 2015. The complaint

was assigned to Sergeant Victor Palacios of the Brickell /Roads N.E.T. The

investigation was completed on October 7, 2015. The Driving Complaint was

closed as Cleared. CIP received this complaint on December 21, 2015.

Complaint:

Mr. Robbins alleged that while walking across an intersection, a marked police

vehicle being driven by Officer Rodriguez was traveling westbound ran the red

light almost striking him.

Investigation:

10-day letter was sent to the complainant. Several attempts were made to

contact the complainant via telephone. Messages were left with the

complainant's secretary. However the complainant never returned any of the

telephone calls.

Department Orders Considered:

Departmental Order 1, Chapter 11, 11.6.56 Vehicles - 11.6.56.4 Operation Of:

Members and civilian employees, when driving vehicles of any description

(private or of the Police Department), shall not violate the traffic laws; nor shall

they permit persons with whom they are riding to violate traffic laws, except

and only in cases of absolute emergency, and then only in conformity with the

law and procedures regulating the same. They shall set an example for other

persons in the operation of their motor vehicle, private or police. Members and

civilian employees of the Department, when operating any vehicles, are

required to utilize seat belts pursuant to Florida State Statute.

Departmental Order 1, Chapter 11, 11.6.56 Vehicles - 11.6.56.6 Operator

Accountable: Members and civilian employees shall operate police vehicles in

a safe manner at all times and will be held accountable for their own

carelessness or negligence. If, in the event of an accident, carelessness or

negligence on the part of the operating member or civilian employee is

determined to be a contributing factor, it shall be made the subject of

appropriate disciplinary action. Unless responding to an in progress call for or

other authorized emergency, departmental employees shall abide by all

D. 1



vehicular regulations applicable to the general public. Additionally employees

shall be responsible for the resolution of the following, either by payment or

through the courts:

parking tickets, toll violations red light cameras, towing fees, storage fees or

any other fees/fines imposed on a City vehicle as a result of the employee's

actions.

Any employee responsible for any of the above shall immediately notify their

commanding officer of the circumstances. Any employee requesting to be

excused from the responsibility of payment of any fees/fines imposed as

outlined above, must submit a request, in writing, to the Chief of Police through

channels.

Nothing in this policy is intended to relieve the driver of an authorized

emergency vehicle from the duty to drive with due regard for the safety of all

persons using the roadway.

Recommendation:

CIP Staff recommends that this driving complaint be closed as No Finding

because the Complainant is unavailable to clarify the complainant.



12/23/2015 The Executive Director conducted a preliminary review of the

case.

12/23/2015 Case assigned to Investigator Lucas for investigation.

12/23/2015 A 10-day letter accompanied by the Internal Affairs Report was

forwarded to the Complainant.

12/23/2015 An initial notification letter was sent to the Principal Officer.

01/04/2016 Received Internal Affairs Profile for Officer Daniel Rodriguez.

Officer Rodriguez was hired October 28, 2002. He has received 5 citizen

complaints, 3 driving complaints, and has 5 use of force incidents noted.

01/11/2016 Attempted to contact the complainant at the telephone number

listed in the Internal Affairs report. A message was left, with the complainant's

secretary requesting the complainant to contact the CIP.







01/25/2016 Case submitted for closure with staff recommendation.



03/04/2016 The Complaint Committee voted to accept Staff's

recommendation.



Case: Clifford Sands CIP#: 15-277 IA#: 14-129S


Jairo Lozano #4174

Allegation(s):

Improper Procedure

Discourtesy

DOI: April 30, 2015


Procedural History:

This complaint was filed with Internal Affairs on June 18, 2014. The complaint

was assigned to Sergeant Robin Starks of the Coconut Grove N.E.T. The

investigation was completed on July 14, 2015. The allegations of Improper

Procedure and Discourtesy were closed as Unsupported. The CIP received this

case on December 21, 2015.

Complaint:

Mr. Sands stated that Officer Paul-Noel stopped him and arrested him for no

reason. His car was towed. During the stop, Mr. Sands alleged Officer

Guzman told him, "You think you are a bad ass because you have a license.

You're lucky I was not there, I would have shot your ass."

Investigation:

10-day letter was sent to the complainant. An attempt was made to contact the

complainant via telephone. However the number is no longer in service. CIP

staff attempted to make contact with the complainant at the address listed in

the Internal Affairs report. A business card with a message requesting the

complainant contact the CIP was left at the residence. There has been no

response from the complainant.


Departmental Order 1, Chapter 11 - 11.6.13.3 Courtesy: Courtesy toward the

public and each other is demanded of all members and civilian employees of

the Department. Members and civilian employees (in their conduct and

deportment) shall always be quiet, civil, orderly, and courteous. Even in the

face of great provocation, they shall be diplomatic in the performance of their

duties; and they shall serve the City in the discharge of their duties by

controlling their tempers and exercising the utmost patience and discretion.

When required, they must act with firmness and with sufficient energy to

properly perform their duties. They shall, at all times, refrain from using coarse,

violent, profane, or insolent language. An attitude of officiousness gains

nothing, except the ill will of those with whom the officer comes in contact with .

Departmental Order 1, Chapter 11 - 11.6.13.4 Elements of Courtesy: Courtesy

consists of a quiet, unassuming behavior based on a sincere consideration of

the feelings of others. Members and civilian employees shall listen to and

answer carefully and courteously all inquiries and give information in the spirit

D. 2



of cheerful willingness with a sincere desire to be helpful. A lack of interest in

what is being said to you is a breach of courtesy. Courtesy to citizens and

between members and civilian employees of the Department is indispensable

to discipline.

Departmental Order 1, Chapter 11 - 11.6.13.5 Public Contacts: Members and

civilian employees are required to be courteous in their contact with the public.

Attitudes of effrontery, egotism, and superiority by officers in such contact will

not be tolerated.

Departmental Order 1, Chapter 11 - 11.6.13.6 Tact and Consideration:

Members and civilian employees should remember that tact and consideration

will be of great value in any work that is to be done, and they should cultivate

the ability to meet and deal with people easily.

Departmental Order 1, Chapter 11 - 11.6.13.7 Unkind Remarks: Members and

civilian employees shall refrain from sharp retorts when carrying on any

conversation. They should never make remarks about the infirmities of others

or voice prejudices concerning race, ethnicity, religion, sex, or politics.

Departmental Order 1, Chapter 11 - 11.6.17.26 Refusing to give name, P.I.N.

number, or to display identification card in a courteous manner when

requested.

Recommendation:

CIP Staff recommends that the allegations of Improper Procedure and

Discourtesy be closed as No Finding because the complainant is unavailable to

clarify the complainant.




case.





01/04/2016 Received Internal Affairs Profile for Officers Stanley Paul-Noel

and Silvio Guzman.

· Officer Paul-Noel was hired October 24, 2011. He has received 15 citizen

complaints and has 8 use of force incidents noted.

· Officer Guzman was hired December 27, 2007. He has received 12 citizen

complaints and has 11 use of force incidents noted.




listed in the Internal Affairs report. The number is no longer in service.

02/04/2016 CIP staff attempted to contact the complainant at the address

listed in the Internal Affairs report. A business card with a message requesting

the complainant to contact the CIP was left at the residence.

02/12/2016 CIP staff has not had any contact with the complainant. All

attempts to make contact with the complainant have been unsuccessful.



recommendation.



Case: Christina Garcia CIP#: 16-009 IA#: 15-156S


Guillermo Sanchez # 6281

Allegation(s):

Improper Procedure

DOI: July 31, 2015


Procedural History:

This complaint was filed with Internal Affairs on August 4, 2015. The complaint

was assigned to Sergeant Nestor Garcia of the Flagami NET. The

investigation was closed on December 1, 2015. The allegation of Improper

Procedure was closed as Unsupported. The CIP received this case on January

22, 2015.

Complaint:

Ms. Garcia alleged that she was arrested by Officer Sanchez for not providing

him with identification or a local address. She stated she was handcuffed and

placed in the rear passenger seat of his police vehicle. Ms. Garcia attempted

to make a phone call on her cellular phone and Officer Sanchez attempted to

take the phone away from her. She stated she moved the phone to her left

and feels Officer Sanchez purposely grazed her left breast with his elbow in an

attempt to retrieve her cellular phone.

Investigation:

10-day letter was sent to the complainant. There was no response from the

complainant. A check of Accurint showed no local address for the complainant .

The staff of Camillus House advised they have never provided any services to

the complainant.


Departmental Order 11, Chapter 16, Arrest Procedures, 16.4.21.1 Officers

must search prisoners prior to placing a prisoner in a police vehicle. It cannot

be assumed that a prisoner is free of weapons or contraband, even if

previously searched. The responsibility for the search is incumbent on the

officer who places the prisoner in the police vehicle.

Departmental Order 11, Chapter 16, Arrest Procedures 16.4.3 Once a prisoner

has been handcuffed, the following search procedures will be adhered to:

16.4.3.1 Prisoners shall be thoroughly searched by an officer of the same sex

immediately following the arrest.

Recommendation:

CIP Staff recommends that the allegation of Improper Procedure be closed as

No Finding because the Complainant is unavailable to clarify the complainant.


D. 3





case.





02/01/2016 Received Internal Affairs profile for Officer Sanchez. Officer

Sanchez was hired August 09, 2004. He has received 10 citizen complaints,

has 4 use of force incident noted and was relived/reassigned 1 time.


listed in the Internal Affairs report. Received a message that the number is no

longer in service.

02/18/2016 An Accurint check showed no local address for the complainant .

A check of the Miami-Dade Clerk of Court website showed the complainant to

have been arrest twice since this incident but she is not in custody.

02/19/2016 An email was sent to Camillus House Direct Care Ministry

Director Fred Mims asking for information on the complainant if she was

provided service. Mr. Mims advised via email that Camillus House had no

information on the complainant.

02/22/2016 CIP staff has been unable to locate the complainant. There is no

local address for her and all other attempts have been unsuccessful.



recommendation.



Case: Jonathan Ductant CIP#: 16-013 IA#: 15-219N


Lucas Pereira #42045

Allegation(s):

Improper Procedure

DOI: November 10, 2015


Procedural History:

This complaint was filed with Internal Affairs on November 17, 2015. The

complaint was assigned to Sergeant Tracey Martin of Internal Affairs . The

investigation was closed on November 20, 2015. The allegation of Improper

Procedure was closed as a Non-Complaint. The CIP received this case on

January 22, 2015.

Complaint:

Mr. Ductant stated he was involved in a motor vehicle crash. The driver of the

other vehicle, Ms. Cabezas and her passenger, Mr. Foyo-Torralbas, stopped

and asked him if he was alright and told him they had insurance. He was on

the phone with the 911 operator when he observed Ms. Cabezas and her

passenger get back inside their car and drive away. He proceeded to chase

the vehicle for a few blocks when he observed Officer Pereira, flagged him

down and advised him what had occurred. He stated Officer Pereira stopped

the other vehicle and began talking to Ms. Cabezas and Mr. Foyo- Torralbas.

Mr. Ductant stated he requested a supervisor when Officer Pereira issued him

two summons. He stated the sergeant responded and assured him everything

was going to be fine. He stated he began to record the officer's actions with

his cellular phone and that he would later provide us with a copy of the video.

Mr. Ductant feels Officer Pereira should not have issued him the two

summonses, because he was the victim and that Officer Pereira only

generated an Exchange of information Report and not a Traffic Crash Report .

He further stated Officer Pereira should have arr ested the driver of the other

vehicle and issued her a summons.

Investigation:

10-day letter was sent to the complainant. An attempt was made to contact the

complainant via telephone. Received telephone call from complainant stating

he is going back to Internal Affairs and does not the CIP to follow up on this

complaint.


Departmental Order 12, Chapter 4, 4.4.2 Florida Traffic Crash Report:

Whenever there is an event on public property that results in unintended injury

which is attributed directly or indirectly to the motion of a motor vehicle or its

load, a crash report will be made in accordance with Florida State Statute

Chapter 316. In cases of hit and run crashes, regardless of the extent of

damage or the location of the crash within the City of Miami, a Florida Traffic

D. 4



Crash Report and a Leaving-The-Scene Report will be made. Private property

crashes will be investigated and reported in cases of serious injury, hit and run,

D.U.I., reckless driving, or no valid driver's license.

Departmental Order 12, Chapter 4, 4.4.2.1 Short Forms: These forms will not

be used to report traffic crashes, they should only be used as Drivers

Exchange Forms.

Departmental Order 12, Chapter 4, 4.4.2.2 Long Forms: These forms are the

only Florida Traffic Crash Report Forms that are to be utilized when reporting

traffic crashes.

Departmental Order 12, Chapter 4, 4.4.2.2.1 If a report is not necessary but

there is an obvious violation of the traffic code, a summons for that infraction

should be issued.

Departmental Order 12, Chapter 4, 4.4.7.9 In all crashes where either a vehicle

or the driver left the scene, a hit and run card will be made. This will be done

even if the driver or vehicle is apprehended in the field and the hit and run

cleared. Do not fill in the information on the Crash Report unless you have the

hit and run vehicle and the information on the vehicle can be verified.

Recommendation:

CIP Staff recommends that the allegation of Improper Procedure be closed as

No Finding because the complainant does not want the CIP to follow up on this

complaint.




case.





01/27/2016 CIP staff spoke to Officer Pereira. Officer Pereira stated that he

is willing to provide a statement after the complainant provides a statement.

Officer Pereira stated that the complainant was so out of control on the night of

the incident that it required additional officer to standby while he completed the

crash report.

02/01/2016 Received Internal Affairs profile for Officer Pereira. Officer

Pereira was hired March 17, 2015. He has received 1 citizen complaints.

02/10/2016 CIP staff made contact with the complainant via telephone. The

complainant stated that he was unaware that internal affairs had closed his



complaint as a non-complaint. The complainant stated that he was going back

to internal affairs to have them reopen his complaint and he does not want the

CIP to follow up on his complaint.



recommendation.



Case: Johnny Outler CIP#: 16-014 IA#: unknown


MDPD officers

Allegation(s):

Misconduct

DOI: August 2011


Procedural History:

The CIP received a letter from Mr. Outler alleging police misconduct by an

unknown officer on an unknown date.

Complaint:

Mr. Outler states in an eight page letter how the police abused him when he

was already in handcuffs.

Investigation:

Miami Dade Corrections website shows Mr. Outler is in custody for a warrant

case F11022747 for the following charges: Aggravated Battery on a Law

Enforcement Officer, 4 counts of Aggravated Assault on Police

Officer/Firefighter/Intake, Aggravated Fleeing/Eluding resulting in Injury/Death,

and Habitual Driving While License Suspended.

Miami Dade Clerk of Court records show the involved officers are from Agency

30, Miami Dade Police Department.

Telephone contact was made with MDPD Sergeant Houston with the

Professional Compliance Bureau who requested the complaint be mailed to the

Duty Sergeant at 18805 NW 27th Avenue, Miami Gardens, FL 33056.

Departmental Orders Considered:

Undetermined

Recommendations:

CIP Staff recommends that the allegation of Misconduct be closed as No

Finding because our investigation revealed that another agency was

responsible, and the complaint has been referred to that agency.


01/25/2016 A direct file complaint was received by Mr. Outler.

D. 5



01/25/2016 Miami Dade Corrections website shows Mr. Outler is in custody

for a warrant for the following charges: Aggravated Battery on a Law

Enforcement Officer, 4 counts of Aggravated Assault on Police

Officer/Firefighter/Intake, Aggravated Fleeing/Eluding resulting in Injury/Death,

and Habitual Driving While License Suspended.

01/25/2016 Miami Dade Clerk of Court records show the involved officers

are from Miami Dade Police Department.

01/25/2016 Telephone contact was made with MDPD Sergeant Houston with

the Professional Compliance Bureau who requested the complaint be mailed.

01/25/2016 The Complaint was forwarded to MDPD Professional

Compliance Bureau by US Mail.

01/25/2016 A letter was sent to Mr. Outler advising his complaint was

forwarded to MDPD for follow-up/investigation.



recommendation.



Case: Simeon Kopel CIP#: 15-270 IA#: 15-080N


Ricardo Valencia, 7334

Allegation(s):

Negligence of Duty

DOI: April 12, 2015


Procedural History:

On 04/20/2015 Mr. Kopel responded to Internal Affairs and filed a formal

complaint against Sergeant Valencia. On 07/09/2015 Mr. Kopel's complaint

was closed by Sergeant Tracey Martin (4387) as a Non-Complaint. A recorded

statement was not taken from Sergeant Valencia.

Complaint:

According to Internal Affairs, Mr. Kopel alleged he was a victim of a battery as

he and a friend were leaving Taverna Opa Restaurant, 901 S. Miami Avenue.

Mr. Kopel advised he was hit in the back of the head, struck in the chest and

upper-right shoulder, and kicked by unknown person(s). Mr. Kopel contacted

Sergeant Valencia, told him what had occurred and advised him he wanted to

file charges against the person who hit him. Mr. Kopel alleged that Sergeant

Valencia replied, "If you file charges, you will be arrested because the video

shows you as the aggressor."

Investigation:

Attempts were made unsuccessfully to contact Sergeant Valencia. Contact

was made with Mr. Kopel who advised he is in the process of consulting with

an attorney about this incident and he would contact the CIP if he wished for

our agency to conduct an investigation.


DO 11, Chapter 8, Reporting Procedures:

8.1 Policy: It is the policy of the Miami Police Department that when a Police

unit is dispatched on a call for police service, a field report shall normally be

completed. Exceptions to the general policy of making a field reports are traffic

complaints, administrative calls and "Information Only" calls.

8.3 Responsibilities: It is the responsibility of all officers who respond to police

related incidents to obtain all appropriate information and complete the

appropriate reports. It is also the responsibility of the officer to ensure

accuracy and completeness of every report written. The officer will also ensure

that these reports are turned into his/her Sergeant for review at the end of

D. 6



his/her tour of duty.

8.4 Procedures:

8.4.1.1 Exceptions to the general policy of making field reports are traffic

complaints, and administrative calls.

Recommendations:

CIP Staff recommends that the allegation of Negligence of Duty be closed as

No Finding because the Complainant is unavailable to clarify the complaint.

Sergeant Valencia was hired on 12/09/1997 and has had 2 citizen complaints

and 16 use of force incidents.






the Complainant.

2/23/2015 Fire Rescue Report and Police Report requested. The Fire

Rescue report was received and reviewed. The report does not document the

people treated by name, but states that security and a customer had injuries to

the back of the head. Both refused treatment.

12/24/2015 MPD Records advised there was no report generated for MPD

case 150412-107526.


01/06/2015 Mr. Kopel contacted the CIP and requested a copy of the file.

01/07/2015 Mr. Kopel picked up a copy of the file. He advised he was

meeting with an attorney and would be in touch with the CIP if they wished for

our agency to investigate the complaint. Mr. Kopel was advised of the time

limitations.



recommendation.



Case: Juan Rivadeneira CIP#: 16-004 IA#: T15-081


Jesus Fung, 28654

Allegation(s):

Harassment

DOI: November 10, 2015


Procedural History:

On 11/16/2015 Internal Affairs received a Complaint Form from Sergeant

Garrett Wing (7740) against Officer Fung alleging Improper Procedure.

Detective Liliane Linares (0939) was assigned to investigate the complaint. On

11/18/2015 the allegation of Harassment was closed as Information Only and

no statements were taken.

Complaint:

Mr. Rivadeneira stated that he believes Office Fung is harassing him because

he is in the process of a civil litigation in regards to his dispute with his

neighbor.

Investigation:

Officer Fung contacted the CIP and advised he is willing to provide a statement

after the CIP contacts and takes a statement from the Complainant .

Telephone contact was made with Mr. Rivadeneira who advised his first name

is Juan and not Jose as documented in the IA Complaint Form. Mr.

Rivadeneira advised he was working and he would contact the CIP at a later

time.


Undetermined.

Recommendations:

CIP Staff recommends that the allegation of Harassment be closed as No

Finding because the Complainant is unavailable to clarify the complaint.

Officer Fung was hired on 03/03/2008 and has had 1 citizen complaint and 2

use of force incidents.



D. 7






the Complainant.


01/26/2016 Documents requested from MPD Records (Duncan).

01/27/2016 Officer Fung contacted the CIP.

01/29/2016 Requested documents were received.

02/08/2016 Telephone contact was made with Mr. Rivadeneira.



recommendation.



Case: Steven Clark CIP#: 15-278 IA#: 15-153


Stanley Paul-Noel, 40488

Allegation(s):

Abusive Treatment

DOI: July 30, 2015


Procedural History:

On 08/04/2015 Internal Affairs received a Complaint Form from Sergeant John

Blackerby (0408) against Officer Paul-Noel alleging Abusive Treatment.

Sergeant Moises Velazquez (7288) was assigned to investigate the complaint.

On 10/27/2015 the allegation of Abusive Treatment was closed as

Unsupported until such time that Mr. Clark provides a sworn/recorded

statement and is willing to cooperate with their investigation.

Complaint:

Mr. Clark said after he was ordered to place his hands on the wall an officer

kicked his right leg apart, and as a result his ankle was swollen. Mr. Clark was

arrested by Officers John Quinn (40466) and Paul-Noel and charged with

Cocaine/Possession (withhold adjudication - probation special condition), and

Possession of Drug Paraphernalia (withhold adjudication - probation special

condition).

Investigation:

Attempts were made unsuccessfully to contact Mr. Clark and Officer Paul-Noel.

The Incident and Fire Rescue reports associated with Mr. Clark's arrest were

obtained and reviewed.


Undetermined.

Recommendations:

CIP Staff recommends that the allegation of Abusive Treatment be closed as

No Finding because the Complainant is unavailable to clarify the complaint.

Officer Paul-Noel was hired on 10/24/2011 and has had 15 citizen complaints

and 8 use of force incidents. He was added to the CIP's Monitoring List on

04/22/2015, 06/18/2015, 10/21/2015, and 12/16/2015.


D. 8







the Complainant.


12/29/2015 A request was made for a copy of the Complainant's Fire

Rescue report and any/all documents related to MPD case 150730-223943.

12/29/2015 Fire Rescue report was received and shows that they responded

for chest pain but treated and transported Mr. Clark for ankle pain.

01/13/2016 There is no telephone number on file for Mr. Clark so an online

search was conducted. No additional contact information was located for Mr.

Clark.

01/19/2016 The 10-day letter and copy of IA Report that was mailed to the

Complainant was Returned to Sender.

01/25/2016 Requested documents were received and reviewed.

02/02/2016 Responded to the Complainant's last known address and a

business card was left in the door requesting Mr. Clark contact the CIP by

telephone.



recommendation.
