Meeting Agenda

Meeting Agenda

Tuesday, May 21, 2013

5:30 PM

City of Miami

City Hall

3500 Pan American Drive

Miami, FL 33133

www.miamigov.com

CITY HALL COMMISSION CHAMBERS

Civilian Investigative Panel

Thomas Cobitz, Chairperson

Bess McElroy, Vice-Chair

Michelle Delancy, Secretary

Horacio Stuart Aguirre, Treasurer

Ducosse Delva, Daniel Suarez, Rolando Aedo

Wlliam Alvarez

Barbara Gimenez, Grace Casas, Mairlyn Lightbourn

Meeting Agenda May 21, 2013Civilian Investigative Panel

PLEDGE OF ALLEGIANCE

ROLL CALL

APPROVING THE MINUTES OF THE MINUTES OF THE FEBRUARY 19, 2013 MEETING

APPROVING THE MINUTES OF THE MARCH 19, 2013 MEETING

APPROVING THE MINUTES OF THE APRIL 16, 2013 MEETING

APPROVING THE AGENDA OF THE MAY 21, 2013 MEETING

PRESENTATION of AWARDS

Brenda B. Shapiro

Fred St. Amand

Ellis Berger

Alvin Bullard

A. REPORTS

A.1 DISCUSSION ITEM

Independent Counsel Report13-00628

A.2 DISCUSSION ITEM

By-Laws Committee Report13-00629

A.3 DISCUSSION ITEM

Resolution to Approve CIP FY 2014 Budget Proposal13-00365

B. CASE MANAGEMENT

It is important for those in attendance and our viewing audience to know that this month as with each

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 obliged 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 allegation.

No finding: Where the complainant failed to produce information to further the investigation, another

City of Miami Printed on 5/17/2013


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 Summary Disposition, prior to completing the

review process, when it is determined that further action is not warranted.

B.1 DISCUSSION ITEM

Case: Theresa Anderson CIP#: 13-054 IA#: 12-093S

Involved Officer(s) and Allegation(s):

Henry Vazquez, 29230: (Discourtesy, Negligence of Duty, Improper Procedure)

Ray Blanco, 0413: (Discourtesy, Negligence of Duty, Improper Procedure)

DOI: March 31, 2012

Investigated by: Elisabeth Albert

Theresa Anderson contacted the police to report that she had been assaulted by

security personnel inside the L'Boulevard Café. Ms. Anderson stated that the

responding officers, Officer Vazquez and Sergeant Blanco, appeared distracted

and uninterested in taking her complaint and that at one point both officers left

her and went to the front of L'Boulevard Café. Ms. Anderson alleged that

officers did not write a report documenting her call for assistance, but instead

arrested her and her friend, Jennifer Cortez. Ms. Anderson was charged with

Simple Battery and Resisting without Violence, and Ms. Cortez was arrested for

Simple Battery. Ms. Anderson also alleged that Sergeant Blanco was smoking a

cigar during her contact with him. Sergeant Blanco and Officer Vazquez advised

there was a report written for Ms. Anderson, and Sergeant Blanco advised

Internal Affairs that he does not recall if he was holding or smoking a cigar on

the date of incident.

Internal Affairs found the allegation of Discourtesy against Officer Vazquez and

Sergeant Blanco was Inconclusive, and Cleared both Officer Vasquez and

Sergeant Blanco of Negligence of Duty.

Recommendation:

The CIP staff recommends that the allegation of NEGLIGENCE OF DUTY

against Sergeant Blanco and Officer Vazquez be closed as EXONERATED. A

Battery report, which listed Ms. Anderson as the victim, was generated by Officer

Vazquez (case 120331-092813). Additionally the CIP found that Officer

Vazquez responded to L'Boulevard Café for an officer's call for emergency

backup and then assisted Ms. Anderson after that situation was under control.

The CIP staff cannot prove or disprove the allegation of DISCOURTESY, and

therefore recommends that this allegation against Officer Vazquez and Sergeant

Blanco be closed as NOT SUSTAINED.

13-00459



Based on statements made by Ms. Anderson, Ms. Cortez, and Mr. Thomas

(L'Boulevard Cafe Security Officer), the CIP staff finds there is sufficient

evidence to show that Sergeant Blanco was chewing on and/or smoking a cigar

during his contact with Ms. Anderson at L'Boulevard Café, and recommends that

the allegation of IMPROPER PROCEDURE be added against Sergeant Blanco

and SUSTAINED based on Departmental Order 1, Chapter 11, 11.6.48.2 states,

"Members of the Department in uniform shall not smoke, chew tobacco, gum,

snuff when visible to the public; nor shall they do these during roll call, line up,

court attendance, or during any formation or official function. They shall not

leave any post or assignment for the sole purpose of smoking, chewing tobacco,

gum or snuff; but they shall, when permitted, do so in such a manner as to be

inconspicuous."

The CIP investigation also revealed that Officer Vazquez did not write an Officer

Worksheet for his shift on 3/30/2012. The CIP recommends that an additional

allegation of IMPROPER PROCEDURE be added against Officer Vazquez and

SUSTAINED based on Departmental Order 1, Chapter 11.6.18.19 states, "Each

member, unless otherwise ordered by his commanding officer, shall make a daily

work sheet, accurately and completely listing his activities during his tour of duty.

Members shall sign this work sheet with their payroll name, rank, unit of

assignment, and their P.I.N. number. Worksheets will be turned in at the end of a

tour of duty, unless directed otherwise by a superior officer."

Procedural History:

01/22/2013 The Internal Affairs ("IA") investigative report was obtained.

01/30/2013 Independent Counsel conducted a preliminary review of the case.

02/05/2013 Case assigned to Investigator Albert for investigation.

02/06/2013 A 10-day letter accompanied by the IA investigative report was

forwarded to the Complainant.

02/06/2013 An initial Notification Letter was sent to Principal Officers.

02/27/2013 Ms. Anderson and Cortez met with Investigator Elisabeth Albert

at the CIP office. Ms. Anderson and Ms. Cortez advised that they had never

been to L'Boulevard Café prior to this night and that they were unfamiliar with

the club layout. Approximately 15 minutes after they arrived, Ms. Anderson

unknowingly entered the VIP area and was grabbed by a security officer from

behind, struck on the left side of her head (temple area), and pushed backwards

by her neck over a chain that was extended behind her. While this was occurring

Ms. Cortez was grabbed by other security personnel and pushed out a back door.

Ms. Anderson was escorted out of the club by the security officer. Ms. Anderson

advised that she did scratch and tear the security officers clothing in their

struggle, and that she struck him when he released her outside of the club.



Ms. Anderson and Cortez contacted 911 and requested an officer respond, and

Officer Henry Vazquez responded. The Complainant re-contacted 911 because

it was her belief that Officer Vazquez seemed distracted and uninterested in

taking their report. Sergeant Ray Blanco responded to the Complainant's second

call to 911. Ms. Anderson and Ms. Cortez observed Sergeant Blanco smoking a

cigar both in his police vehicle and while standing outside of the vehicle.

According to Ms. Cortez, Sgt. Blanco directed Officer Vazquez to arrest her. Ms.

Anderson was treated by Fire Rescue for her injuries. She advised that as she

stepped out of the Rescue truck she observed Ms. Cortez being placed in

handcuffs and took a photograph and then began videotaping the events from

her phone. Ms. Anderson stated that officers grabbed her and twisted her arm

behind her back causing her to drop her phone before she was handcuffed. Ms.

Anderson and Cortez advised they were transported in different police vehicles

to a gas station in the area, and then to a school, before being transported to

Dade County Jail. There was no video on Ms. Anderson phone when she

claimed her property at DCJ.

03/21/2013 IA file obtained and reviewed. The file was found to contain two

Battery reports that were written by Officer Vazquez. One of the reports lists

Ms. Anderson as the victim and a security guard as the subject, and the other

report documents Larry Thomas (a security guard at L'Boulevard Café) as the

victim and Ms. Anderson and Cortez as the subjects.

03/25/2013 The CIP met with Larry Thomas who was employed as a Security

Officer at L'Boulevard Café the night of incident. Mr. Thomas was listed as the

victim of the Battery committed by Ms. Anderson and Cortez. It appears that

Mr. Thomas is the alleged subject of the Battery on Ms. Anderson. Mr. Thomas

was not interviewed by Internal Affairs.

On the date of incident, Mr. Thomas was working the entry door to the VIP

section of the L'Boulevard Café with another security officer (name unknown).

Mr. Thomas observed Ms. Anderson attempt to enter the VIP area and grabbed

her wrist to see if she was wearing the required wristband to get into the VIP

area. Ms. Anderson turned and threw her drink in Mr. Thomas's face, began

directing profanity at him, and attempted to strike and kick him. Mr. Thomas

took Ms. Anderson to the ground while another security officer took Ms. Cortez

out of a side door. As Mr. Thomas escorted Ms. Anderson out of the club, Ms.

Anderson turned and struck him with a closed fist on his head. Mr. Thomas

stated that he released custody of Ms. Anderson over to officers who were

outside the door and advised them that he wanted to press charges for battery.

Mr. Thomas advised that he sustained a bump on his head, blurry vision from the

alcoholic beverage getting into his eyes, and scratches on his body.

Mr. Thomas recalled observing Sergeant Blanco chewing on and/or smoking a

cigar. He did not observe any officers being disrespectful to Ms. Anderson or

Ms. Cortez, but stated that they may have used profanity in response to Ms.

Anderson's profane comments.

04/03/2013 There were two calls to 911 requesting police assistance at the



L'Boulevard Café. The first call was made by Frank with security, from inside

the club about a male refusing to leave, and the second call was from Ms. Cortez

requesting police for her friend who was battered by security personnel and was

bleeding from the head. Prior to Ms. Cortez's call for police assistance, officers,

including Officer Vazquez, responded to an officer's request for emergency

backup at L'Boulevard Café. After units arrived Fire Rescue was requested for a

female bleeding from the head. Later radio transmissions show Officer Vazquez

contacted Sergeant Blanco, who advised he would respond, reference two

intoxicated females who were being difficult.

04/05/2013 Case submitted for closure with Investigator's recommendation.

04/18/2013 Independent Counsel's Concurrence.

05/03/2013 The Complaints Committee met and voted to accept the

recommendation of Staff.

DISCUSSION ITEM



Henry Vazquez, 29230: Discourtesy

Ray Blanco, 0413: Discourtesy

DOI: March 31, 2012


13-00459a

DISCUSSION ITEM



Ray Blanco, 0413: Improper Procedure

DOI: March 31, 2012


13-00459b

DISCUSSION ITEM



Henry Vazquez, 29230: Improper Procedure

DOI: March 31, 2012


13-00459c

B.2 DISCUSSION ITEM



Case: AL (juvenile) CIP#: 13-038 IA#: 12-249

Involved Officer(s):

Nicholas Dorta, 1532 (Abusive Treatment)

Jimmy Rodriguez, 27498 (Abusive Treatment)

Ricardo Valencia, 7334 (Abusive Treatment)

Richard Efrece, 1659 (Abusive Treatment, Improper Procedure)

DOI: October 2, 2012


AL was hiding in a meter room at 1946 NW 27 Street when a K-9 officer opened

the door. AL alleged that he stepped to the side to avoid being bitten by the dog

and an unknown officer hit him in the face with an M-16, knocked him to the

ground, and hit him on the back with the butt of the gun. AL was arrested for

Burglary to an Occupied Dwelling. Internal Affairs did not identify the Involved

Officers and closed the complaint of Abusive Treatment as Unsupported

because they were not able to contact the Complainant.

Recommendation:

Officer Rodriguez was not on duty when AL was taken into custody, thus it is

recommended by CIP staff that Officer Rodriguez be EXONERATED of the

allegation of ABUSIVE TREATMENT.

AL sustained injuries to his right cheek and the right side of his back as a result

of this arrest that required treatment at Jackson Memorial Hospital (JMH) before

he could be booked at the Juvenile Assessment Center (JAC). Based on these

injuries, and the statements made by a female witness who resided at the

residence where AL was taken into custody, the CIP staff recommends that the

allegation of ABUSIVE TREATMENT against Officers Dorta, Valencia, and

Efrece be SUSTAINED. Departmental Order 6, Chapter 21.1.1, Use of Force

Generally - Minimum Necessary Force states, "It is the policy of the Miami

Police Department that officers shall use only the minimum amount of force that

is necessary to effect an arrest, apprehension, or physically control a violent or

resisting person."

Additionally, the CIP staff finds that the amount of force used to take AL into

custody should have been documented in a Response to Resistance Report, and

recommends that an IMPROPER PROCEDURE allegation be added and

SUSTAINED against Officer Efrece. Departmental Order 1, Chapter 11,

11.6.5.4 states, "Whenever it is necessary to use an unusual physical force or

other means, the member shall report this, as soon as possible, to a supervisor

and submit a written report to the Chief of Police, through channels, relating all

circumstances together with the arrest report on the case. Should the member

have to use physical force or other means to overcome actual physical resistance,

the member will, on approval of a commanding officer, also charge the subject

with the appropriate charges."

13-00478



Procedural History:



01/17/2013 Case assigned to Investigator Albert for investigation and

follow-up.


forwarded to the complainant.

01/18/2013 A record check showed that Complainant is currently being held

at Turner Guilford Knight Correctional Center (TGKCC) on no bond status.

01/29/2013 Internal Affairs file obtained and reviewed.

03/27/2013 Contact was made with AL at the Turner Guilford Knight

Correctional Facility and a verbal statement was taken. Photographs from the

Internal Affairs file were shown to AL and he identified Officers Nicholas Dorta,

Jimmy Rodriguez, and Ricardo Valencia, as the Principal Officers in his Abusive

Treatment complaint.

AL advised that he and Lyza Torres (co-defendant) ran from the police and that

he ran several blocks before he hid in a small storage/meter room for several

hours. AL advised that when the officers located him and opened the door to

the storage/meter room he was confronted by the police dog. He stated that he

stepped to the side to get away from the dog and was struck to the ground by

Officer Rodriguez using the butt of a M16 rifle to the left side of his face. AL

alleged that Officer Dorta was very aggressive and kicked him while he was down

on the ground. AL further alleged that Officer Rodriguez held him by the back

of the neck while he was being restrained in handcuffs, and that Officer Valencia

"manhandled" him and used profanity towards him. AL advised that residents of

the building may have witnessed the abusive treatment.

04/01/2013 Received and reviewed Officer Rodriguez's Uniform Police

Worksheet which shows that he was not on duty or at the scene when AL was

taken into custody. The Worksheet shows that Officer Rodriguez was the

transporting officer. Officer Rodriguez is the officer who notified Sergeant Traci

Sloan of AL's injuries. Officer Sloan responded and documented AL's complaint

and injuries in a 121 Complaint Form.

04/04/2013 An area canvas was conducted at 2121 NW 27 Street and the

surrounding residences where AL was taken into custody. A female who resides

in the building advised that she heard multiple officers screaming at the rear of

her apartment, and then saw the officers physically drag a young male out of an

alcove at the rear of her residence. The witness advised that she was not able to

observe anything further until after the male was in handcuffs and in front of her



building.





DISCUSSION ITEM



Nicholas Dorta, 1532: Abusive Treatment

Ricardo Valencia, 7334: Abusive Treatment

Richard Efrece, 1659: Abusive Treatment



13-00478a

DISCUSSION ITEM



Richard Efrece, 1659: Improper Procedure



13-00478b

B.3 DISCUSSION ITEM

Case: Jenny Ho CIP#: 13-062 IA#: 12-201


Horace Jones, 28103

Allegation(s):

Abusive Treatment

DOI: July 24, 2012


Jenny Ho and several family members attended the Nicki Minaj Concert at the

James L. Knight Center. At the conclusion of the concert Ms. Ho and her family

were involved in an altercaton with two women. Ms. Ho alleged that Officer

Horace Jones knocked her to the ground causing injury to her knee and that a

short time later when she returned to the area to find her missing cellphone,

13-00494



Officer Jones grabbed her arm and flung her across the room causing her to fall

on her butt and her top to fall down. Officer Jones denied the allegation.

Internal Affairs found the allegation of Abusive Treatment against Officer Jones

was Inconclusive.

Recommendation:

The CIP staff recommends that the allegation of ABUSIVE TREATMENT

against Officer Jones be closed as NOT SUSTAINED.

Procedural History:



02/12/2013 Case assigned to Investigator Albert for investigation and

follow-up.



02/12/2013 An initial notification letter was mailed to Principal Officer.

03/04/2013 Telephone contact was made with the Complainant's sister,

Kathleen Olaniel. Ms. Olaniel advised that she has no further information to

further the CIP's investigation.

03/04/2013 Contact was made with Ms. Ho who expressed concern about the

quality of the video footage taken at the James L. Knight Center and provided to

Internal Affairs. Ms. Ho advised that she would meet with the CIP but does not

believe that she will be able to provide any additional information to further the

investigation.

03/05/2013 Internal Affairs file obtained and reviewed. Officer Jones advised

that he and Officer Daniel Mocombe heard screaming and responded to a fight

in the lobby of the James L. Knight Center following the Nick Minaj Concert.

Officer Jones observed Ms. Ho on the ground. Officer Jones believed that Ms.

Ho was getting up to fight so he held her down on the ground until the crowd

dispersed, and then he physically escorted Ms. Ho (in his left hand) and her sister

(in his right hand) away from the area.

The surveillence video obtained from the James L. Knight Center was reviewed

and found to be of poor quality. The video did not provide any investigational

leads.

04/11/2013 Telephone contact was made with Ms. Ho who advised that she

just returned from a trip out of the country. Ms. Ho advised that she has nothing



further to add to the CIP's investigation.





B.4 DISCUSSION ITEM

Case: James Barnes CIP#: 13-055 IA#: 12-188S


Officer David Carpenter, 0857

Allegation(s):

Discourtesy

DOI: July 5, 2012


Mr. Barnes advised that he was having an argument with his girlfriend at a park

located at Biscayne Boulevards and 43 Street when the police arrived. The

officers told Mr. Barnes to leave the area. Mr. Barnes left the area but returned a

short time later to take his girlfriend home. When Mr. Barnes returned to the

park, he learned that his girlfrined had already been transported to the police

station. Mr. Barnes again left the area, but was stopped riding his motorcycle by

Officer James Fraser in the area of 3900 Biscayne Boulevard. Mr. Barnes advised

he was talking to Officer Fraser when Sergeant Steve Johnson and Officer

Carpenter arrived at their location. Mr. Barnes alleged that Officer Carpenter

walked over to him and stated, "Put your fucking hands up, you are under arrest"

and "Shut the fuck up before I crack your fucking head in." Mr. Barnes was

arrested for Domestic Battery on his girlfriend.

Internal Affairs interviewed the officers who were present when Mr. Barnes was

arrested, and closed the allegation of Discourtesy against Officer Carpenter as

Inconclusive.

Recommendation:

The CIP staff recommends that Mr. Barnes complaint of DISCOURTESY

against Officer Carpenter be closed as NOT SUSTAINED.

Procedural History:


13-00429







02/06/2013 An initial letter was sent to the Principal Officer.

03/12/2013 Contact was made with Mr. Barnes at his home. Mr. Barnes

advised he did not receive the 10-day letter or the IA Report and requested that a

copy be sent to his email. Mr. Barnes advised that he is not aware of any

witnesses to his Discourtesy complaint against Officer Carpenter. Mr. Barnes

will contact the CIP if he has anything to add after he receives and reviews the

IA Report.

03/18/2013 Mr. Barnes contacted the CIP and advised that he has reviewed

the IA Report, but does not have anything further to add to his statement that

would further our investigation and he is not aware of any additional witnesses.





B.5 DISCUSSION ITEM

Case: Emory Spencer CIP#: 13-051 IA#: 12-148S


Orestes Joseph, 28209

Allegation(s):

Negligence of Duty

Improper Procedure

DOI: May 24, 2012


Emory Spencer alleged that he was the victim of a battery by an employee at the

Overtown Grocery Store, 237 NW 20th Street. Mr. Spencer stated he contacted

the police but that the responding officer sent him home without filing a report.

Officer Orestes Joseph, advised Internal Affairs that Mr. Spencer flagged him

down but that Mr. Spencer was intoxicated and incoherent. Officer Joseph

stated that he advised Mr. Spencer to go home and contact the police at a later

time when he was in a more sober state.

13-00428



Internal Affairs Cleared Officer Joseph of Negligence of Duty and Improper

Procedure.

Recommendation:

The CIP staff finds that Officer Joseph followed Departmental Orders and

should be EXONERATED of the allegation of NEGLIGENCE OF DUTY.

This recommendation is based on witness statements that Mr. Spencer appeared

to be intoxicated, and Officer Joseph's decision to send Mr. Spencer home with

instructions on how to contact the police when he was in a more sober state.

The CIP staff found that Officer Joseph did not "Make a detailed entry on the

work sheet, noting the date, type of complaint, and the condition of the

complainant" as prescribed in Departmental Order 11, Chapter 8, 8.4.2.1, and

therefore we recommend that an additional allegation of IMPROPER

PROCEDURE be added against Officer Joseph, and closed as SUSTAINED.

Procedural History:






01/28/2013 An initial letter of notification was mailed to the Principal Officer.

02/05/2013 Responded to Carrie P. Meeks Manor and met with Mr. Spencer

who advised that he has nothing further to add to the statement he made to

Internal Affairs.

02/13/2013 Obtained and reviewed the Internal Affairs file. The IA Report

lists several witnesses to a disturbance involving Mr. Spencer at the Overtown

Grocery Store, but it does not appear that any of the witnesses listed in the IA

Report were present during Mr. Spencer's contact with Officer Joseph.





DISCUSSION ITEM

Case: Emory Spencer CIP#: 13-051 IA#: 12-148S13-00428a




Orestes Joseph, 28209

Allegation(s):

Improper Procedure

DOI: May 24, 2012


B.6 DISCUSSION ITEM

Case: DeCarlos Moore CIP Case #: 11-072 IA Case #: 10-210

Involved Officer (s):

Joseph Marin-# 40039

Allegation (s):

Excessive Force (Firearm Dishcarge)

DOI: July 5, 2010

Investigation Conducted by: Charles C. Mays, CIP Independent Counsel

On July 5, 2010, at approximately 11:20 a.m., Officer Joseph Marin fatally shot Mr.

DeCarlos Moore. A few minutes prior to the shooting, Officer Marin and Officer Vionna

Brown-Williams were proceeding northbound on NW First Place in a marked patrol car

when they observed a white Honda ahead of them also proceeding northbound.

Officer Brown-Williams, who occupied the passenger seat and acted as the Field

Training Officer for Officer Marin, instructed him to "run the tag" of the Honda with the

National Crime Information Center (NCIC). Officer Marin did so. Thereafter the Honda

turned from N.W. First Place to go west on 16th Street. Officers Marin and

Brown-Williams did so as well. The Honda then turned right (north) at N.W. Third

Avenue. Officers Marin and Brown-Williams did the same. Then, without being

ordered to stop, the Honda abruptly stopped and parked on the east side of Third

Avenue. Officer Marin likewise stopped and positioned the patrol car a few feet

behind the Honda. The driver of the Honda, Mr. DeCarlos Moore, exited the car.

Almost at the same time, the officers were alerted by the NCIC computer-module that

the tag was possibly stolen and suggested further investigation. Both officers exited

the patrol car. Mr. Moore began to walk towards the rear of the suspected stolen

Honda. Officer Marin instructed him to place his hands on the hood of the patrol car.

Mr. Moore began to comply, but suddenly, and without explication, he turned away

from Officer Marin and began hurriedly walking or running towards the driver's door of

the Honda. Mr. Moore reached into the driver's door as if to retrieve something; his

upper torso and his hands were not visible to the officers. As Mr. Moore emerged,

Officer Marin saw a shiny, metallic object in Mr. Moore's hand. Officer Brown-Williams

13-00158



could not see the object in Mr. Moore's hand, but concluded that he had retrieved a

gun from the Honda. As Mr. Moore began to turn towards the officers with the object

in his hand, Officer Moore discharged one round from his service pistol. Mr. Moore

immediately fell to the street. Officer Marin approached the prostrate Mr. Moore to

take control of his weapon, and discovered that the metallic object Mr. Moore had

taken from the Honda was actually a clump of aluminum foil that contained 23

separate items of rock cocaine. Officer Brown-Williams requested Fire Rescue and

notified the police department of the discharge. Mr. Moore was transported to

Jackson-Memorial Hospital, where he was pronounced dead.

Recommendation (s):

Albeit Mr. Moore was unarmed, a reasonable officer confronted with the same

circumstances as Officer Marin would have concluded that the metallic object that Mr.

Moore retrieved from the driver's door was a pistol and that his life and the life of

Officer Vionna Brown was in imminent danger. As such, Officer Marin's use of deadly

force in this tense, uncertain, and rapidly evolving encounter with a non-compliant

driver of a suspected stolen car comports with the Fourth Amendment's objective

reasonableness standard as explained by the United States Supreme Court in

Graham v. Connor and is consistent with the Miami Police Department's Use of Force

Policy, Departmental Order 6 Chapter 21:

21.1.2 Deadly Force: The most serious act in which a police officer can engage is the

use of deadly force. The authority to carry and use firearms in the course of public

service is an enormous responsibility. Respect for human life requires that, in all

cases, deadly force be used as a last resort, and then only to protect an officer or

another person from imminent danger of death or serious physical injury. Officers

should use only the minimal amount of force necessary to protect human life. Where

feasible, and consistent with personal safety, some warning, such as "POLICE-DON'T

MOVE," should be given. If appropriate, officers should employ non-lethal alternatives

prior to utilizing deadly force. Deadly force is never justified in the defense of property.

Above all, the safety of the public and officers must be the overriding concern

whenever the use of deadly force is considered. Therefore, it is the policy of the

Miami Police Department that officers are prohibited from using deadly force

against any person, including fleeing felons, except as necessary in

self-defense or the defense of another person when those officers have

reasonable belief that they or another person are in imminent danger of death or

serious physical injury. When the decision is made to use deadly force, officers

must cease its application when they no longer have a reasonable belief that

they or another person are in imminent danger of death or serious physical

injury.

21.4.1 Using Force: Officers shall only use such force as is reasonably necessary

and authorized to effect an arrest or defend themselves or others. The level of force

used should be consistent with the subject's level of resistance and in accordance with

the Use of Force Matrix handout provided in Departmental Order 6, Chapter 21.4.1.1.



It is inconsequential that the object in Mr. Moore's hand was later determined to be a

wad of aluminum foil instead of a pistol. Hindsight is simply not the test of

reasonableness. Instead, as instructed in the Graham decision, "the reasonableness"

inquiry in an excessive force case is an objective one: the question is whether the

officers' actions are 'objectively reasonable' in light of the facts and circumstances

confronting them…" 490 U.S. 386, 397 (ellipsis omitted). There is no rational basis

to maintain that Officer Marin's decision to shoot Mr. Moore was an objectively

unreasonable use of force, therefore a finding of EXONERATED is recommended.

B.7 DISCUSSION ITEM

Case: Johnnie Mae Porter CIP#: 11-183 IA#: 10-352S


Roshan Milligan- #27440

Reginald Williams- #7679

Allegation(s):

Improper Procedure (Officer Roshan Milligan)

Discourtesy (Officer Reginald Williams)

DOI: December 1, 2010

Investigator: Carol Abia

Mrs. Johnnie Mae Porter stated that on December 1, 2010, a City of Miami police

cruiser pulled over a vehicle in front of her residence, located at 1077 N.W 46 Street.

Officer Roshan Milligan initiated the traffic stop and Officer Reginald Williams arrived

on the scene afterwards. Officer Williams purportedly told Officer Milligan, "Tow the

fucking car, don't waste your fucking time." After roughly an hour, Mrs. Porter stated

that she asked Officer Williams to have Officer Milligan move his vehicle so she could

exit her driveway. Both officers reportedly refused her request. Based on this

response, Mrs. Porter requested the officer's name and claimed that they refused to

provide it. Mrs. Porter stated that she requested a supervisor and was contacted by

Sergeant Barfield-Harris, who informed her that Officer Milligan would receive a

reprimand for his actions; therefore she did not wish to pursue a complaint against the

officer. Officers Milligan and Williams provided sworn statements to Internal Affairs.

Both officers indicated that they did not use, nor did they hear anyone use profanity.

The officers also stated that they had limited contact with Mrs. Porter and did not hear

her request for their identity. Internal Affairs rendered a finding of Inconclusive as to

13-00527



the allegations of Discourtesy and Improper Procedure filed against the respective

officers based on the absence of independent witnesses.

Recommendation:

A disposition of No Finding is recommended based on the complainant's failure to

provide additional information to further the investigation.

09/23/11 Received CIP case file; reviewed complaint and Internal Affairs (I.A.) final

report.

10/03/11 Copied I.A. case file.

10/05/11 Sent 10-day notification letter to Complainant requesting information with

copy of the IA report.

10/06/11 Telephone message to Complainant Porter. Attempted to schedule a

meeting. Complainant unsure whether to pursue her complaint. She advised she will

call back.

10/13/11 Went to Complainant's home at 1077 NW 46th Street; No response. Left

calling card at Complainant's door.

10/13/11 Conducted area canvas to include neighbors on same block and one block

west of the Complainant's residence; Checked with neighbors at 1126 , 1069, 1060,

1059, 1051, 1050 and 1035, as well as 4603 NW NW 46th Street. None of the

neighbors recalled witnessing the alleged incident between the complainant and Miami

Police officers.

10/26/11 E-mail to MPD Legal Advisor George Wysong to request clarification

regarding incidents captured/recorded on the Computer Aided Dispatch system (CAD).

11/07/11 Received response from MPD advising of events captured by CAD Live. It

was reported that the CAD records of incidents include 911 calls, calls to the MPD

non-emergency line, officers' self-initiated incidents via radio, mobile digital

communicator and telephone. MPD report no CAD Live record of Complainant's

phone call to MPD Communications Unit or of a call from the location being transferred

to person or location. CAD records reflect that Officer Milligan's self initiated stop at

NW 10th Place 46 Street. It does not reflect a call for or dispatch of a

supervisor/sergeant to the location. Sergeant Barfield-Harris to whom the

Complainant allegedly spoke with does not recall the incident and Communication



records do not reflect her having been dispatched or arriving at the scene.

11/08/11 Telephone call to Complainant for verification & additional information

regarding the call to MPD to request a supervisor's response. Complainant was

adamant she made the call. She indicated, however, that she does not wish to further

pursue the complaint.

01/28/13 Staff recommendation to close the case as No Finding. No additional

information received to reach a finding contrary to that of Internal Affairs.


05/03/13 The Complaints Committee convened and rendered a disposition of No

Finding.

B.8 DISCUSSION ITEM

Case: Franklin Riettie CIP#: 11-031 IA#: 10-105


Rigoberto Hernandez-#29067

Allegation(s):

Abusive Treatment

DOI: April 10, 2010

Investigator: Shewanda Y. Hall

Franklin Riettie alleged that April 10, 2010, he was sitting on a bus bench at 925 NW

37th Avenue, when Officer Rigoberto Hernandez drove up and asked him if he wanted

to go to Camillus House or jail. When Mr. Riettie refused transport to jail, Officer

Hernandez reportedly began placing his bags in his police vehicle. Mr. Riettie claimed

that when he requested written notice that he could not remain at the bus bench,

Officer Hernandez pushed and punched him in the face, giving him a bloody nose.

Officer Hernandez testified in his sworn IA statement that he previously issued Mr.

Riettie a warning about sleeping on the bus bench. When Officer Hernandez noticed

Mr. Riettie sleeping on the bus bench after the warning, he approached him and offer

homeless assistance. Mr. Riettie allegedly refused the assistance and pushed Officer

Hernandez, almost causing him to fall into oncoming traffic. Officer Hernandez

acknowledged that he pushed Mr. Riettie into the glass partition of the bus bench and

punched him as he (Mr. Riettie) continued to resist. Mr. Hernandez was arrested and

charged with Battery on a Police Officer(Convicted), Disorderly Conduct(Convicted),

Resisting Arrest without Violence(Nolle Pros) and Sleeping on the Sidewalk( Nolle

Pros). Internal Affairs rendered a finding of Unsupported as the complainant has failed

to cooperate with the investigation.

13-00551



Recommendation:

The CIP has not been able to locate the complainant due to his transiency and an

on-line database search in addition to homeless assistance centers searches did not

provide any viable information regarding the complainant. Therefore, a disposition of

No Finding is recommended based on the unavailability of the complainant. The

Complaints Committee convened on May 3, 2013 and rendered a disposition of No

Finding.

B.9 DISCUSSION ITEM

Case: Heaven Dozier CIP#: 11-129 IA#: 10-357S


Ivan Moreno-#27908

Marcel Jackson-#27416

Allegation(s):

Discourtesy-(Officers Moreno & Jackson)

Improper Procedure-(Officer Jackson)

DOI: December 13, 2010


According to Heaven Dozier, on December 13, 2010, he was stopped by Officers

Marcel Jackson and Ivan Moreno while riding his bicycle on Hibiscus Street and

Williams Avenue in Coconut Grove. Officers Jackson and Moreno allegedly asked Mr.

Dozier, "You know who the fuck we is." Officer Jackson reportedly continued the

profanity laced tirade stating, "Shut the fuck up. l'm going to break your arm. I'm going

to break your shit." Mr. Dozier claimed that Officer Jackson threatened him with

retaliation once he mentioned seeking legal counsel regarding the officers' behavior.

During the detainment, Officer Jackson allegedly removed some of Mr. Dozier's

clothing and searched his vehicle without his consent. Officers Jackson and Moreno

denied using profanity or removing the complainant's personal effects. Internal Affairs

rendered a finding of Inconclusive as to the allegation of Discourtesy filed against

Officer Moreno. A finding of Inconclusive was also rendered regarding the allegations

of Discourtesy and Improper Procedure filed against Officer Jackson.

*Note: Officer Marcel Jackson is currently on the CIP's Monitoring List.

Recommendation:

The complainant has not responded to the CIP's requests for contact and an on-line

database search did not provide any viable information regarding the complainant.

Therefore, a disposition of No Finding is recommended based on the unavailability of

13-00552



the complainant. The Complaints Committee convened on May 3, 2013 and rendered

a disposition of No Finding.

B.10 DISCUSSION ITEM

Case: Dewme Haper CIP#: 11-030 IA#: 10-258


Jose Pena-#27886

Allegation(s):

Missing Property

DOI: August 20, 2010


On August 20, 2010, Mr. Dewme Haper was arrested by Officer Jose Pena under City

of Miami Case# l00820-248798 for Prostitution (Adjudicated with Cost/Fines). Mr.

Haper claimed that a brown Guess wallet containing an ID card, credit cards, and

approximately $700.00 in U.S. currency was confiscated and never returned. Officer

Pena stated that only a cell phone was confiscated at the time of Mr. Haper's arrest.

Internal Affairs rendered a finding of "Unsupported" until such time that the

complainant cooperates with the investigation.

Recommendation:

The complainant has not responded to the CIP's requests for contact and an on-line

database search did not provide any viable information regarding the complainant.




13-00553


Case: Robert Kemp CIP#: 11-049 IA#: 10-121


Nathaniel Dauphin-#1325

Allegation(s):

Abusive Treatment

Discourtesy

Improper Procedure

Neglect of Duty

DOI: April 20, 2010

13-00554




Robert Kemp stated that on April 20, 2010, Officer Dauphin drove up and told him to

throw his beer away. Upset by Officer Dauphin's command, Mr. Kemp stated that he

threw the can on the ground. Officer Dauphin then asked, "What the fuck is wrong with

you?" Mr. Kemp also alleged that Officer Dauphin came over, grabbed him by the

back of the pants, threw him down and punched him in the head three (3) or four (4)

times. Officer Dauphin then instructed Mr. Kemp to get up, but he was unable to stand

because his legs were injured. Mr. Kemp claimed that he was then handcuffed and

thrown into the police cruiser by Officer Dauphin. The alleged assault by Officer

Dauphin resulted in Mr. Kemp sustaining a small laceration to the back of his head

and additional injury to the burns on his legs incurred from a previous injury. It was

additionally alleged by Mr. Kemp, that even after he complained of injury, Officer

Dauphin refused to request medical services. Internal Affairs rendered a finding of

Inconclusive as to the allegations of Abusive Treatment Discourtesy, Improper

Procedure and Neglect of Duty filed against Officer Dauphin based on the absence of

independent witnesses.

*Note: Officer Nathaniel Dauphin is currently on the CIP's Monitoring List.

Recommendation:

Neither the complainant nor any of the identified witnesses have responded to CIP's

requests for contact and an on-line database search did not provide any viable

information regarding the complainant or witnesses. Therefore, a disposition of No

Finding is recommended based on the unavailability of the complainant. The

Complaints Committee convened on May 3, 2013 and rendered a disposition of No

Finding.


Case: Lacresia Robinson CIP#: 11-051 IA#: 10-079


Viona Browne-Williams-#0624

Allegation(s):

Abusive Treatment

Negligence of Duty



Ms. Lacresia Robinson stated that on October 29, 2009, she called the police after

getting into a fight at N.W. 2 Avenue and 19 Street. Officer Browne-Williams

responded to the scene and allegedly exited her police vehicle, grabbed Ms.

Robinson and twisted her arm behind her back. Thereafter, Officer Browne-Williams

13-00555



reportedly pushed Ms. Robinson into the police vehicle hitting her stomach on the left

rear panel and her head on the top panel of the cruiser. At the time of the incident, Ms.

Robinson stated she was six months pregnant and she informed Officer

Browne-Williams of her discomfort and pain. Ms. Robinson claimed that as a result of

Officer Browne-Williams' assault, she was transported to Jackson Memorial Hospital

(JMH-Ward D).

Officer Browne-Williams indicated in her Internal Affairs sworn statement that she

responded to the incident location reference females fighting. During the investigation,

Ms. Robinson threatened another person in the presence of Officer Browne-Williams

and refused to obey her command to leave the area. Additionally an independent

witness identified Ms. Robinson as the assailant which resulted in her arrest for Simple

Battery and Disorderly Conduct (both charges were dismissed). Officer

Browne-Williams stated that Ms. Robinson was handcuffed without incident and did

not mention having pain or injury during her arrest. Internal Affairs rendered a finding

of Inconclusive as to the allegations of Abusive Treatment and Negligence of Duty

regarding Officer Browne-Williams based on the absence of independent witnesses.

Recommendation:

A review of the Complainant's medical records revealed that on October 29, 2009, she

denied abdominal pain and refused recommended treatment by JMH physicians. The

complainant has not responded to CIP's requests for contact and an on-line database

search did not provide any new information regarding the complainant. Therefore, a

disposition of No Finding is recommended based on the unavailability of the

complainant. The Complaints Committee convened on May 3, 2013 and rendered a

disposition of No Finding.


Case: Gloria Humes CIP#: 11-041 IA#: 10-203S


Pierre Dorce-#1501

Allegation(s):

Improper Procedure

DOI: July 4, 2010


On July 4, 2010, Gloria Humes contacted 911 reference loud music. Ms. Humes

contacted the police three times to request that an officer respond and was ultimately

instructed to report to the North District substation when she requested anonymity.

Once Ms. Humes arrived at the North District Substation, she spoke with Officer Pierre

Dorce in the presence of several officers and requested to speak with a supervisor.

13-00556



Ms. Humes complained that Officer Dorce failed to get a supervisor but instead,

threatened to Baker Act her and inappropriately directed her to the Miami Police

Department in Downtown Miami. Officer Dorce testified in his sworn statement that

when Ms. Humes appeared at the North substation and requested to speak with a

supervisor, he referred her to Sergeant Lindsey, who interviewed the complainant.

Officer Dorce acknowledged requesting a Crisis Intervention Team (CIT) officer due to

what he described as Ms. Humes' incoherent and belligerent behavior. A CIT officer

did respond and interviewed Ms. Humes, however; she was not Baker Acted. Internal

Affairs rendered a finding of Cleared as to the allegation of Improper Procedure

against Officer Dorce based on his compliance with departmental policy.

Recommendation:

A review of the Internal Affairs file, including the 911 recordings did not reveal any

additional information regarding the complaint. Additionally, the complainant has not

responded to CIP's requests for contact. The Complainant provided a P.O. Box as her

primary address and an inoperable telephone number. Correspondence was

forwarded to the address provided with no response. Additionally, an on-line database

search did not provide any viable information regarding the complainant. Therefore, a

disposition of No Finding is recommended based on the unavailability of the

complainant. The Complaints Committee convened on May 3, 2013 and rendered a

disposition of No Finding.


Case: Dorothy McCray CIP#: 12-135 IA#: 11-029S


Alberto Bazan-#0302

Troy English-#1745

Allegation(s):

Improper Procedure

DOI: January 6, 2011


Mrs. Dorothy McCray alleged that on January 6, 2011, in the early morning hours,

Officers Alberto Bazan and Troy English responded to her home and apprehended a

subject who was attempting to break into her property. According to Mrs. McCray, the

trespasser's actions were captured on her home surveillance camera. The officers

responded to the McCray residence and apprehended the subject; however, the

officers swiftly left the scene without arresting the subject or providing the basis for his

release, according to Mrs. McCray. Internal Affairs classified the case as withdrawn

based on the Complainant's voluntary rescission of the complaint.

Recommendation:

13-00557



A CIP analysis of the case file revealed that although Mrs. McCray indicated that there

was surveillance footage of the subject's criminal behavior and interaction with the

officers; a review of the footage concluded that the incident was not captured on video.

Additionally, the complainant has not responded to CIP's requests for contact and an

on-line database search did not provide any new information regarding the complaint.





Case: Carlos Obermaier CIP#: 13-070 IA#: N/A


Pete Taylor-#1486

Allegation(s):

Discourtesy

DOI: March 25, 2013


Carlos Obermaier stated that on March 25, 2013, he was riding his bike on the

Rickenbacker trail when he encountered a City of Miami police officer. The officer

(later identified as Pete Taylor) allegedly used his vehicle to block Mr. Obermaier and

without explanation, ordered him to dismount his bike and walk. Mr. Obermaier stated

that he left the Rickenbacker Trail and moved to the adjacent Rickenbacker bike trail

where he encountered Officer Taylor a second time. This time Officer Taylor was

reportedly traveling on the wrong side of the road headed towards Mr. Obermaier.

Officer Taylor allegedly exited his police cruiser flailing his arms, yelling and coming

toward Mr. Obermaier in a rage stating, "I told you to get off and walk." Thereafter,

Officer Taylor reportedly pointed his finger in Mr. Obermaier's face before aggressively

handcuffing him. It wasn't until a female officer appeared on the scene and spoke to

Officer Taylor that the handcuffs were removed and the complainant was issued a

promise to appear for Resisting Arrest. The primary contention of Mr. Obermaier is

that Officer Taylor was discourteous in his comportment and unreasonably aggressive

during the detainment. The CIP subsequently determined that Officer Pete Taylor is

not employed with the Miami Police Department but with the Miami-Dade County

Police Department and the complaint was forwarded to the County's Professional

Compliance Bureau for appropriate action ([email protected]).

Recommendation:

Close as No Finding as it was determined that another agency is responsible for the

alleged misconduct and the complaint has been forwarded to the appropriate agency.

13-00558



Procedural History:

03-28-13 The Direct File Complaint was received.

04-01-13 The case was referred to Independent Counsel for required notification.

04-01-13 An employee search revealed that Officer Pete Taylor is not employed with

the City of Miami Police Department but with Miami-Dade County and the complaint

was electronically forwarded to Major Gary Shimminger of the Miami-Dade Police

Department's Professional Compliance Bureau, ([email protected]) and via U.S.

Mail ( 18805 NW 27th Avenue, Miami Gardens, FL 33056-3154 USA).

04-01-13 Correspondence regarding the referral to the appropriate agency was

forwarded to the Complainant, Carlos Obermaier.

04-18-13 Submitted for closure with Investigator's recommendation of No Finding.

04-18-13 Independent Counsel's concurrence.

05-03-13 The Complaints Committee convened and rendered a disposition of No

Finding.


Case: Lorenzo Williams CIP#: 13-085 IA#: 12-238S


Wayne Tillman, 7076

Allegation(s):

Discourtesy

DOI: September 22, 2012


Mr. Williams alleged that Detective Tillman was discourteous and stated, "That's

not a fucking address, Where the do you live? You want to be a smart ass? You

think you are a lawyer? You're going to jail" when he told the detective that he

lived in Overtown.

Recommendation:

Mr. Williams does not wish to pursue his complaint, therefore the CIP staff

recommends the complaint of DISCOURTESY be closed as NO FINDING.

Procedural History:

13-00523






04/08/2013 A 10-day letter accompanied by the IA Report was forwarded to

Mr. Williams.

04/08/2013 An initial notification letter was mailed to the Principal Officer.

04/15/2013 Mr. Williams met with CIP Investigator Elisabeth Albert at the

CIP office, and expressed his uncertainty about pursing his complaint against

Detective Tillman.

04/18/2013 Telephone contact was made with Mr. Williams who advised that

he does not wish to pursue his complaint against Detective Tillman and

requested that the case be closed with no further action.





C. PUBLIC FORUM

D. ANNOUNCEMENTS

D.1 Complaints Committee Meeting

June 7, 2013@12: Noon

CIP Office

D.2 Next Regular CIP Meeting

June 18, 2013 @ 5:30 P.M.

City Hall Commission Chambers


Meeting Agenda

Documents

Transcript of Meeting Agenda