City of Miami. City Hall 3500 Pan American Drive Miami, FL Meeting Agenda. Tuesday, October 21, :30 PM.

Transcription

1 City of Miami City Hall 3500 Pan American Drive Miami, FL Meeting Agenda Tuesday, October 21, :30 PM City Hall Civilian Investigative Panel Horacio Stuart Aguirre, Chair Rolando Aedo, Vice-Chair Grace Casas, Secretary Barbara Gimenez, Treasurer William Alvarez, Rafael Cabrera, Eileen Damaso Deidria Davis, Ducosse Delva, Mairlyn Lightbourn Douglas Mayer, Alvaro Puente, Daniel Suarez

2 THE PLEDGE OF ALLEGIANCE ROLL CALL APPROVING THE MINUTES FOR SEPTEMBER 17TH CHAIRPERSON REPORT INDEPENDENT COUNSEL REPORT EXECUTIVE DIRECTOR REPORT COMPLAINT FROM NAACP CASE MANAGEMENT Agenda 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. City of Miami Page 2

3 SUMMARY JUDGMENTS: Case: Antonio Padron CIP#: IA#: S Artice Peoples, Michael Bode, Improper Procedure Negligence of Duty DOI: August 22, 2013 Mr. Padron was involved in a fight and alleged when Officers Peoples and Bode responded they began laughing and joking around with the other party involved in the disturbance, Officer Peoples ordered him to erase recordings of the officers he had on his phone, and refused to press charges against the other party. Internal Affairs Cleared Officers Peoples and Bode of Negligence of Duty and Improper Procedure based on the officers and an independent witness statements. CIP Staff recommends that the allegation of Negligence of Duty and Improper Procedure against Officers Peoples and Bode be closed as No Finding because the Complainant is unavailable to clarify the complaint. 07/24/2014 The Internal Affairs ("IA") investigative report was obtained. 07/31/2014 Independent Counsel conducted a preliminary review of the case. 07/31/2014 Case assigned to Investigator Albert for investigation. 07/31/2014 A 10-day letter accompanied by the IA Report was forwarded to the Complainant. 08/01/2014 An initial notification letter was mailed to the Principal Officer. 08/11/2014 An online search was conducted and a possible telephone City of Miami Page 3

4 number was identified. 08/11/2014 Attempted to contact the Complainant at the telephone number identified in the online search and found it was disconnected. 08/25/2014 The 10-day letter and copy of the IA Report that was mailed to the Complainant was returned to sender. 08/26/2014 The police documents associated with an arrest made in this incident were reviewed and no contact information was found for the Complainant. 08/26/2014 Case submitted for closure with Investigator's recommendation. City of Miami Page 4

5 Case: Brittany Ganson CIP#: IA#: S Earnest Lawrence, Improper Procedure DOI: November 21, 2013 Ms. Ganson alleged that Officer Lawrence pulled her over on Interstate 95 and refused to show her any Miami Police Department identification, only pointing at his MPD patch. Ms. Ganson was issued a citation for Unlawful Speed- Interstate (dismissed defective citation). Internal Affairs Cleared Officer Lawrence of the allegation of Improper Procedure based on the officers statement, and radio and telephone transmissions. CIP Staff recommends that the allegation of Improper Procedure be closed as No Finding because the Complainant is unavailable to clarify the complaint. 07/24/2014 The Internal Affairs ("IA") investigative report was obtained. 07/31/2014 Independent Counsel conducted a preliminary review of the case. 07/31/2014 Case assigned to Investigator Albert for investigation. 07/31/2014 A 10-day letter accompanied by the IA Report was forwarded to the Complainant. 08/01/2014 An initial notification letter was mailed to the Principal Officer. 08/11/2014 Attempted to contact the Complainant at the telephone number identified n the IA Report. The recorded message advised it was Ms. Ganson's telephone number. A message was left requesting she contact the CIP. 08/22/2014 Case submitted for closure with Investigator's recommendation. City of Miami Page 5

6 Case: David (direct file) CIP#: IA#: none FHP Trooper R.P. Thomas, 0693 Misconduct DOI: Unknown A letter from David (no last name or contact information provided) was received advising that Trooper Thomas was driving erratically on Kendall Drive and when Trooper Thomas stopped him he acted as if he was under the influence of drugs or alcohol. CIP Staff recommends that the allegation of Misconduct be closed as No Finding because the incident involved another agency. The complaint was forwarded to Major Sammie Thomas at the Florida Highway Patrol. 08/25/2014 A direct file complaint was received via US Mail. 08/25/2014 Executive Director conducted a preliminary review of the case. 08/25/2014 Case assigned to Investigator Albert for investigation. 08/26/2014 Complaint was forwarded to the Florida Highway Patrol. 08/26/2014 Case submitted for closure with Investigator's recommendation. City of Miami Page 6

7 Case: Jorge Loo (Officer) CIP#: IA#: Erol Stewart, 6772 Negligence of Duty DOI: January 30, 2013 Officer Loo (complainant) and Officer Stewart responded to assistance in involuntarily Baker Acting a family member. Officer Loo stated that Officer Steward advised he was not going to take the person to crisis and that, "it's late, it's almost time to 06." Officer Loo alleged that Officer Stewart did not assist in the struggle that ensued, and as a result Officer Loo was injured taking the person in custody Internal Affairs closed the allegation of Negligence of Duty as Inconclusive because the statements provided left it unclear if Officer Stewart was negligent in his duties while dealing with this incident. CIP Staff recommends that the allegation of Negligence of Duty against Officer Stewart be closed as No Finding because the Complainant is unavailable to clarify the complaint. 07/24/2014 The Internal Affairs ("IA") investigative report was obtained. 07/31/2014 Independent Counsel conducted a preliminary review of the case. 08/04/ day letter and copy of the IA Report were ed to Officer Loo (complainant). 08/04/2014 Notification letter was ed to the Principle Officer. 08/23/2014 An was sent to Officer Loo requesting he contact the CIP by 09/04/2014 or his complaint would be closed as No Finding. A "read" receipt was immediately received. 09/05/2014 Case submitted for closure with Investigator's recommendation. City of Miami Page 7

8 Case: Lashawnia Lewis CIP#: IA#: S Michael M. Mcghee, Improper Procedure DOI: February 9, 2014 The police were called to Ms. Lewis residence regarding a violent boyfriend and girlfriend dispute. Ms. Lewis advised Officer Mcghee that her boyfriend had broken a mirror, punched her several times on her face and held a knife to her neck while threatening to kill her. Officer Mcghee allegedly told the Complainant that she better no lie and made her feel as if she was the aggressor and she did not feel that he cared to learn the details of what had occurred. Officer Mcghee arrested Ms. Lewis boyfriend and left the scene without giving her a case card or telling her that crime scene would be responding. Internal Affairs closed the allegation of Improper Procedure as Withdrawn because Ms. Lewis voluntarily withdrew her complaint. CIP Staff recommends that the allegation of Improper Procedure against Officer Stewart be closed as No Finding because the Complainant is unavailable to clarify the complaint. 07/24/2014 The Internal Affairs ( IA ) investigative report was obtained. 07/31/2014 Independent Counsel conducted a preliminary review of the case. 07/31/ day letter and copy of the IA Report were ed to Officer Loo (complainant). 08/01/2014 Notification letter was ed to the Principle Officer. 08/04/2014 Officer Mcghee contacted the CIP and requested that the CIP re-contact him by after we have talked to the Complainant. 08/11/2014 Attempted to contact the Complainant at the telephone number provided in the IA Report with negative results (may be a fax line). City of Miami Page 8

9 08/13/2014 IA file was obtained and reviewed. 08/13/2014 Telephone contact was made with the Complainant who advised that she voluntarily withdrew her Internal Affairs complaint, but advised that she would like the CIP to look into it. An appointment was established to meet on 08/15/2014 at 2:00 p.m. 08/13/2014 An confirmation with a copy of the IA Report was ed to Ms. Lewis. 08/15/2014 Ms. Lewis sent an advising she needed to cancel our scheduled appointment and our meeting was re-scheduled for 8/21/2014 prior to 3:30 p.m. 08/28/2014 An was sent to Ms. Lewis about our scheduled appointment, and she advised she would let us know. 08/29/2014 Ms. Lewis failed to show up for, or call to cancel her scheduled appointment. 09/05/2014 Case submitted for closure with Investigator's recommendation. City of Miami Page 9

10 Case: Pablo Franzani CIP#: IA#: Involved Officer(s) and Armando Alvarez, (Abusive Treatment, Improper Procedure) Jorge Coladas, (Abusive Treatment, Discourtesy) DOI: January 25, 2014 Ms. Franzani alleged Officer Alvarez pushed him up against a vehicle, slammed his upper torso against the vehicle three times, and handcuffed him after he asked the officer for his name. While being handcuffed, Mr. Franzani advised Officer Coladas went up to him and began yelling and cursing at him, his requests for a Lieutenant were ignored, and his handcuffs were too tight and hurting him. Internal Affairs closed the allegations of Abusive Treatment against Officers Alvarez and Colada, Improper Procedure against Officer Alvarez, and Discourtesy against Officer Coladas as Inconclusive because there were no independent witnesses to prove or disprove the allegations. CIP Staff recommends that the allegations of Abusive Treatment, Improper Procedure, and Discourtesy be closed as No Finding because the Complainant is unavailable to clarify the complaint. 07/24/2014 The Internal Affairs ("IA") investigative report was obtained. 07/31/2014 Independent Counsel conducted a preliminary review of the case. 07/31/2014 Case assigned to Investigator Albert for investigation. 07/31/2014 A 10-day letter accompanied by the IA Report was forwarded to the Complainant. 08/01/2014 An initial notification letter was mailed to the Principal Officer. 08/06/2014 An online search was conducted for current information on the Complainant, and a possible date of birth was located. 08/06/2014 Miami Dade Clerk of the Courts online records show there were City of Miami Page 10

11 no defendants listed under the complainant's name, and/or name and possible date of birth. The traffic division of Miami Dade Clerk of the Courts online records shows no citations were issued to Mr. Franzani on or near the date of incident. 08/06/2014 The IA Report documents Officer Alvarez cited Mr. Franzani with violation of Florida State Statutes (1), but stated he should have charged with subsection (3), and arrested him for violation of /12/2014 Attempted to contact the Complainant at the telephone number listed in the IA Report but found the phone did not accept incoming calls. 08/12/2014 An online search was conducted for current contact information for the Complainant with negative results. 08/26/2014 The Complainant's Arrest Affidavit and FIVO were received and reviewed. A possible address in Lake Worth, Florida was identified. 08/26/2014 A 10-day letter and copy of the IA Report was mailed to the Complainant at the possible address identified. 09/05/2014 The 10-day letter and copy of the IA Report was returned to sender, vacant, unable to forward. 09/08/2014 Case submitted for closure with Investigator's recommendation. City of Miami Page 11

12 Case: Ary Lezcano CIP#: IA#: S Luis Loureiro, Discourtesy Negligence of Duty DOI: January 5, 2013 Ms. Lezcano alleged that Officer Loureiro was discourteous to her and refused to write an accident report. Internal Affairs Cleared Officer Loureiro of Negligence of Duty and found the allegation of Discourtesy was Inconclusive because there were no independent witnesses to prove or disprove the allegation. CIP Staff recommends that the allegations of Negligence of Duty and Discourtesy against Officer Loureiro be closed as No Finding because the Complainant is unavailable to clarify the complaint. 07/24/2014 The Internal Affairs ("IA") investigative report was obtained. 07/30/2014 Independent Counsel conducted a preliminary review of the case. 07/30/2014 Case assigned to Investigator Albert for investigation. 07/30/2014 A 10-day letter accompanied by the IA Report was forwarded to the Complainant. 07/30/2014 An initial notification letter was mailed to the Principal Officer. 07/31/2014 Officer Loureiro contacted the CIP and advised that he is willing to answer any questions the CIP has about this complaint and he provided a contact telephone number. 08/11/2014 MPD Records provided a copy of the Florida Traffic Crash Report (long form) written by Officer Loureiro. The narrative portion of the report (page 4 of 7) advised that the officer's investigation showed that the City of Miami Page 12

13 damage on one vehicle was not consistent with an impact and no police action was taken. 08/11/2014 Attempted to contact the Complainant at the telephone number listed in the IA Report. A message was left requesting Ms. Lezcano contact the CIP. 08/11/2014 An online search was conducted and a possible address was identified for the Complainant. 08/25/ day letter and copy of the IA Report was returned to sender. 08/25/ day letter and copy of the IA Report were mailed to the Complainant at the address identified in the online search. 09/09/ day letter and copy of the IA Report was returned to sender. 09/10/2014 Case submitted for closure with Investigator's recommendation. City of Miami Page 13

14 Case: Jorge Fernandez CIP#: IA#: S Keydy Lainez, Negligence of Duty DOI: April 1, 2014 Mr. Fernandez alleged that Officer Lainez told him if she wrote an accident report for him he would receive a summons for causing the accident. Internal Affairs closed the allegation of Negligence of Duty as Withdrawn. CIP Staff recommends that the allegation of Negligence of Duty be closed as No Finding because a Crash report was written and the Complainant no longer wants to pursue his complaint. 09/12/2014 The Internal Affairs ("IA") investigative report was obtained. 09/23/2014 Independent Counsel and the Executive Director conducted a preliminary review of the case. 09/23/2014 Case assigned to Investigator Albert for investigation. 09/24/2014 Telephone contact was made with the Complainant who advised that he voluntarily withdrew his complaint after a Crash report was written and he is happy with the results. 09/24/2014 Case submitted for closure with Investigator's recommendation. City of Miami Page 14

15 Case: Melissa Alvarez CIP#: IA#: Raul Delgado, 1367 Abusive Treatment Improper Procedure DOI: April 26, 2014 Ms. Alvarez alleged Officer Delgado walked up to the car she was sitting in, opened the door and asked her for her driver's license and handicapped parking permit. When Ms. Alvarez advised the officer she did not have a handicapped parking permit to give him, he reached into her vehicle, grabbed her by her upper left arm and attempted to get her out. Ms. Alvarez was released on a Promise to Appear on the scene and she drove to Mercy Hospital because she felt she had been injured. Internal Affairs closed the allegations of Abusive Treatment and Improper Procedure as Unsupported because they were unable to contact the Complainant. CIP Staff recommends that the allegations of Abusive Treatment and Improper Procedure be closed as No Finding because the Complainant is unavailable to clarify the complaint. 07/24/2014 The Internal Affairs ("IA") investigative report was obtained. 07/30/2014 Independent Counsel conducted a preliminary review of the case. 07/30/2014 Case assigned to Investigator Albert for investigation. 07/30/2014 A 10-day letter accompanied by the IA Report was forwarded to the Complainant. 07/30/2014 An initial notification letter was mailed to the Principal Officer. 08/04/2014 Officer Profile reviewed: Officer Delgado was hired on 04/29/2003 and has had 13 citizen complaints and 12 use of force incidents. City of Miami Page 15

16 08/05/ day letter and copy of the IA Report was returned to sender. 08/05/2014 An online search was conducted for current contact information and a possible address was identified. 08/05/ day letter and copy of the IA Report was mailed to the address located in the online search. 08/27/2014 Telephone contact was made with Ms. Alvarez who advised she has not received the correspondence from the CIP and requested the 10-day letter and copy be ed to her. 08/27/2014 A copy of the 10-day letters and IA Report was ed to Ms. Alvarez. 09/10/2014 Miami Dade Clerk of the Court records show that Ms. Alvarez criminal charge of Resisting Officer without Violence is open (defr pros-court opt). 09/11/2014 Case submitted for closure with Investigator's recommendation. City of Miami Page 16

17 Case: Darys Del Hierro Lago CIP#: IA#: S Miguel Hernandez, 2977 Improper Procedure Negligence of Duty DOI: September 21, 2013 Mr. Del Hierro alleged that Officer Hernandez negotiated a deal between his family members and the manager from Club Ache to pay $ for damage to the club in exchange for not arresting him and Officer Hernandez refused to call Fire Rescue for him. Internal Affairs Cleared Officer Hernandez of Negligence of Duty based on the complainants own statements and his lack of visible injuries, and found the allegation of Improper Procedure was Inconclusive based on the lack of independent witnesses to prove or disprove the allegation. CIP Staff recommends that the allegations of Negligence of Duty and Improper Procedure against Officer Hernandez be closed as No Finding because the Complainant no longer wishes to pursue his complaint. 08/28/2014 The Internal Affairs ( IA ) investigative report was obtained. 09/03/2014 Independent Counsel and the Executive Director conducted a preliminary review of the case. 09/03/2014 Case assigned to Investigator Albert for investigation. 09/03/2014 A 10-day letter accompanied by the IA Report was forwarded to the Complainant. 09/04/2014 An initial notification letter was mailed to the Principal Officer. 09/09/2014 Officer Hernandez was hired on 06/01/2004 and has had 1 administrative complaint, 25 citizen complaints, and 8 use of force incidents. City of Miami Page 17

18 09/23/2014 Telephone contact was made with the Complainant who advised he does not wish to pursue his complaint and requested it be closed. 09/23/2014 Case submitted for closure with Investigator's recommendation. City of Miami Page 18

19 Case: Maritza Mastrapa CIP#: IA#: S Willie Laster, Negligence of Duty DOI: June 28, 2014 Ms. Mastrapa advised that her home alarm went off but that the police never responded. A review of the incident shows that Sergeant Racquel Hicks (3043) and Officer Laster were dispatched. Internal Affairs closed the allegation of Negligence of Duty as Withdrawn because the Complainant voluntarily withdrew her complaint. CIP Staff recommends that the allegation of Negligence of Duty be closed as No Finding because the Complainant voluntarily withdrew her complaint and does not wish to pursue it further. 09/12/2014 The Internal Affairs ("IA") investigative report was obtained. 09/23/2014 Independent Counsel and the Executive Director conducted a preliminary review of the case. 09/23/2014 Case assigned to Investigator Albert for investigation. 09/23/2014 Telephone contact was made with the Complainant who advised that she voluntarily withdrew her complaint with Internal Affairs. 09/23/2014 Case submitted for closure with Investigator's recommendation. City of Miami Page 19

20 Case: Damaris Amaya CIP#: IA#: S Cynthia Auguste, Public Service Aide, Discourtesy DOI: September 3, 2013 Ms. Amaya stated that she pulled up next to PSA Auguste and tried to get her attention but that PSA Auguste looked at her and then turned back and continued talking to the person she was with. When Ms. Amaya continued to attempt to get her attention, PSA Auguste looked at her as if she was interrupting her and told her that she did not work there and directed her to go find a security guar. Internal Affairs Cleared PSA Auguste of Discourtesy based on the involved parties statements. CIP Staff recommends that the allegation of Discourtesy be closed as No Finding because PSA in not a sworn MPD officer and does not fall under the CIP's jurisdiction. 09/12/2014 The Internal Affairs ( IA ) investigative report was obtained. 09/23/2014 Independent Counsel and the Executive Director conducted a preliminary review of the case. 09/23/2014 Case assigned to Investigator Albert for investigation. 09/24/2014 Case submitted for closure with Investigator's recommendation. City of Miami Page 20

21 PUBLIC FORUM ANNOUNCEMENTS Complaints Committee Meeting: November 7th at 12Noon at the CIP Office 970 S.W. 1st. Street; Suite 305 Miami, FL Panel Meeting November 18th, 2014 at 5:30 pm at City Hall Commission's Chambers 3500 Pan American Drive Miami, FL ADJURNMENT. City of Miami Page 21