City of Miami

City of Miami

City Hall
3500 Pan American Drive

Miami, FL 33133
www.miamigov.com

Meeting Agenda - Final

Tuesday, February 20, 2007
5:00 PM

Regular Meeting
City Hall Chambers

Civilian Investigative Panel

Brenda Shapiro, Chairperson
Rudy de la Guardia, Vice Chair

Bess McElroy, Treasurer
Thomas Rebull, Secretary
Tanya Brinkley, Hector Schwerert
Timothy Moore, Fred St. Amand
Otis Davis, Larry Handfield, Danny Couch
Andrew Fishman, Janet McAliley

Civilian Investigative Panel Meeting Agenda - Final February 20, 2007

PLEDGE

ROLL CALL

APPROVAL OF THE AGENDA

APPROVING THE MINUTES OF JANUARY 16, 2007

A. ADMINISTRATIVE ISSUES

A.1 Ratifications of Panel Members by City Commission
A.2 Updates on MPD Requests

B. CASE MANAGEMENT

B.1 07-00161 Case: Melvin Brown IA # 04-116 CIP # 06-287
B.2 07-00162
Involved Officer(s):
1. Emanuel Prospere # 5803 * (Ofc. Prospere is on the CIP's Monitor List)
2. Jose Gonzalez # 2437

Allegation(s):
1. Abusive Treatment

Following Cx's April 6, 2004, arrest by Officers Prospere and Gonzalez and
subsequent transportation to the Central Station for processing, he claimed
that the officers had slapped him and struck him with a police radio.

Recommendation(s):
1. Close as No Finding; Cx advised the CIP investigator that he does not want
to proceed.

Procedural History:
05-11-04 IA concludes investigation as Inconclusive

05-22-06 CIP receives IA case file

06-12-06 Uptown Investigation assigned

01-04-07 Final Investigative report

01-23-07 Independent Counsel's recommendation

Case: Charles Ciasca IA # 02-382s CIP # 06-455

Involved Officer(s):

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Civilian Investigative Panel Meeting Agenda - Final February 20, 2007

B.3 07-00170 1. Paul James # 382s
B.4 07-00164
Allegation(s):
1. Neglect of Duty

Mr. Clasca filed a complaint on November 5, 2002, claiming that after he was
assaulted for disseminating political literature at the American Legion Hall he
flagged down Ofc. James and requested him to write a police report, but the
officer refused to write a report or to provide the name of his supervisor. Ofc.
James denied Mr. Clasca's account and claimed that he interviewed Mr.
Clasca and other witnesses and the alleged suspect, and concluded based
upon such information that no assault occurred.

Recommendation(s):
1. Close as No Finding because the Cx has not responded to telephone
messages from the CIP (9-29-06; 10-30-06) or a “10-day letter” (12-11-06)
from Independent Counsel. Therefore, the Cx is unavailable.

Procedural History
01-28-03 IA concludes investigation as Cleared.

Case: Wilner Charles IA # 02-344 CIP # 07-009

Involved Officer(s):
1. Reginald Johnson # 3489

Allegation(s):
1. Missing Property

The Cx, Mr. Charles, claims that on September 24, 2002, his vehicle was
towed after he was stopped and arrested by Ofc. Johnson for driving with a
suspended driver's license; and, when he went to reclaim his vehicle he
discovered that items were missing, including $1,750.00 and a laptop
computer.

Recommendation(s):
1. During the Internal Affairs investigation Ofc. Johnson, who is also a member
of the Army Reserve, was deployed to the Middle East, and therefore was not
interviewed. As a result, the complaint was classified as Information Only.
Officer Johnson has returned to MPD, therefore Internal Affairs should
complete its investigation of the complaint.

Case: Virginia Ponce IA # 03-253s CIP # 07-058

Involved Officer(s):
1. Richard Diaz # 1475
2. Jose Pastor # 5533

Allegation(s):
1. Improper Procedure
2. Neglect of Duty

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Civilian Investigative Panel Meeting Agenda - Final February 20, 2007

B.5 07-00165 On July 18, 2003, the Cx., Ms. Ponce, telephoned Internal Affairs to complain
that on the preceding day she was on the balcony of her apartment when she
City of Miami observed a van collide with her parked vehicle. The police were summoned
and Officers Diaz and Pastor responded, but Ofc. Pastor reluctantly wrote an
accident report and allowed the driver of the van to leave without providing her
with any information pertaining to the driver. Ofc. Pastor prepared a “red-line
memo” noting that an appropriate report was prepared (case no. 198-16483),
so too did Ofc. Diaz.

Recommendation(s):
1. Close Improper Procedure and Neglect of Duty as Unfounded because the
appropriate report was prepared. (In addition, the Cx has not responded to a
“10-day letter” from Independent Counsel.)

Procedural History:
10-04-03 IA concludes investigation as Cleared for both claims

12-22-06 “10-day letter” from Independent Counsel to Ms. Ponce.

01-30-06 Telephone call to Ms. Ponce's reveals that she is not known at the
listed number.

Case: Margarita Rodriguez IA # 04-167S CIP # 06-271

Involved Officer(s)
Michelle Hall-Williams # 2689

Allegation(s):
1. Discourtesy
2. Improper Procedure

Cx, who was involved in an automobile accident on April 26, 2004, claims that
Ofc. Hall-Williams was discourteous to her and did not summon Fire-Rescue.

Recommendation(s):
1. Close Discourtesy as Not Sustained; the CIP investigation does not disclose
sufficient facts to prove Cx's allegations or to disprove Ofc. Hall-Williams'denial
of misconduct.

2. Close Improper Procedure as Unfounded; after Cx began to hyperventilate,
Ofc. Hall-Williams did request Fire-Rescue to respond to the scene.

Procedural History:
08-30-04 IA concludes investigation as Cleared.

06-02-06 Uptown Investigations assigned.

10-24-06 Final investigative report/recommendation.

01-08-07 Independent Counsel's recommendation.

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Civilian Investigative Panel Meeting Agenda - Final February 20, 2007

B.6 07-00166 Case: Kayna Rosier IA # 03-016 CIP # 07-023
B.7 07-00167
Involved Officer(s):
1. James Walker # 7351

Allegation(s):
1. Discourtesy
2. Improper Procedure

The Cx, Ms. Kayna Rosier, claimed that Ofc. Walker responded to a minor
automobile accident she was involved in on November 30, 2002, but
improperly handled the accident investigation and addressed her in a rude and
sarcastic tone of voice. In response to her allegations, Ofc. Rosier's “red-line
memo” denied her allegations, and noted that he completed an accident report
and provided Ms. Rosier with a case card.

Recommendation(s):
1. Close Discourtesy as No Finding because the Cx informed the CIP
Litigation and Support Specialist that she would like for the CIP to close the
case.

2. Close Improper Procedure as Unfounded because Ofc. Walker did prepare
the appropriate reports.

Procedural History:
02-06-03 IA concludes investigation with a finding of Cleared for Improper
Procedure and Inconclusive for Discourtesy.

Case: Karla Silva IA # 02-180 CIP # 06-409

Involved Officer(s):
1. Nestor Garcia # 2184

Allegation(s):
1. Misconduct
2. Improper Procedure and Misconduct (via IA)

The initial allegation of Misconduct arises from a May 1, 2002, complaint by
Ofc. Garcia's former wife, Ms. Karla Silva, who claimed that two weeks prior
she had an argument with Ofc. Garcia that culminated in Ofc. Garcia
attempting to strike her vehicle with his patrol car. The additional allegations
of Improper Procedure and Misconduct arise out of the Internal Affairs
investigation.

Recommendation(s):
1. Close Misconduct as No Finding. Ms. Silva formally withdrew her complaint
to Internal Affairs on June 18, 2003. She has not responded to telephone
messages from the Litigation Support Specialist; nor has she responded to
letters from Independent Counsel (Oct. 30, 2006, and Dec. 22, 2006).

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Civilian Investigative Panel Meeting Agenda - Final February 20, 2007

B.8 07-00168 2. Close Improper Procedure and Misconduct (via IA) as Sustained. Ofc.
B.9 07-00169 Garcia left his assigned sector and zone without notifying his immediate
supervisor, and engaged in a public argument with his former wife.

Observation:
Internal Affairs substantiated findings of Improper Procedure and Misconduct,
however, the Department Disciplinary Review Board does not have any record
of remedial measures taken as a result of these findings.

Procedural History:
10-17-03 IA concludes investigation noting that the Misconduct claim filed by
Ms. Silva was Withdrawn, and Substantiated for Improper Procedure and
Misconduct.

Case: Wayne Swain IA # 03-065S CIP # 07-041

Involved Officer(s):
1. Kevin Ruggiero #5985

Allegation(s):
1. Discourtesy

The Cx, Mr. Swain, claimed that on February 3, 2003, Ofc. Ruggiero
threatened to break his head.

Recommendation(s):
1. Close Discourtesy as No Finding: Mr. Swain is unavailable to clarify his
complaint. He has not responded to a “10-day letter” from Independent
Counsel.

Procedural History:
03-11-03 IA concludes investigation as Cleared.

06-24-05 CIP receives IA case file.

12-15-06 Letter from Independent Counsel to Cx at last known address.
Internet search for contact information yielded no results.

Case: Thelvin Vidaurre IA # 05-022 CIP # 06-283

Involved Officer(s)
John Blackerby III # 0408

Allegation(s):
Abusive Treatment

On January 21, 2005 , Cx complained to Internal Affairs that on July 24, 2004,
he and Mitchell Sabort were approached by Ofc. Blackberby and his canine,
instructed to stop and lay on the ground and, although Cx and Mr. Sabort
complied, Ofc. Blackerby kicked him in the face as the canine bit him in the
face. Cx further claimed that after Ofc. Blackerby handcuffed him Ofc.

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Civilian Investigative Panel Meeting Agenda - Final February 20, 2007

B.10 07-00171 Blackerby allowed the canine to bite him on his hands and back.
B.11 07-00204
Recommendation(s)
Close as No Finding; the Cx refused to provide a formal statement to the CIP
investigator.

Procedural History:
05-16-05 IA concludes investigation as Cleared.

05-30-06 CIP receives IA case file.

06-15-06 Horizon Investigations assigned.

11-13-06 Final Investigative report.

01-23-07 Independent Counsel's recommendation.

Case: Elda Zomarriba IA # 03-076s CIP # 07-044

Involved Officer(s):
1. Pierre Dorce # 1501

Allegation(s):
1. Discourtesy

On February 14, 2003, Ms. Zomarriba went to Internal Affairs to complain that
Ofc. Dorce spoke too harshly to her when he issued her three traffic summons
on January 17, 2003. Ofc. Dorce denied her allegations in a "red-line memo."

Recommendation(s):
1. Close as No Finding because the Cx is unavailable; she has not responded
to a "10-day letter" from Independent Counsel.

Procedural History:
06-14-03 IA concludes investigation as Cleared.

Case: City of Miami (Canovas) IA # 03-029 CIP # 07-025

Involved Officer(s):
1. Alexander Canovas # 0841

Allegation(s):
1. Misconduct
2. Improper Procedure

This case arises out of an investigation initiated by Internal Affairs (IA) as a
result of being advised by the State Attorney's Office in November 2002 that
Ofc. Canovas had failed to appear as a witness in a domestic violence
prosecution, and it appeared that Ofc. Canovas had a personal relationship
with the defendant. During the IA investigation it was determined that Ofc.
Canovas had participated in the arrest of Wendy Muniz on July 5, 2002, for

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Civilian Investigative Panel Meeting Agenda - Final February 20, 2007

B.12 07-00205 committing a battery against her sister, Ms. Gabriela A. Ortino. It was further
B.13 07-00206 determined that on November 4, 2002, Ofc. Canovas did not appear for trial;
instead, he called in sick. Approximately three (3) hours later, however, Ofc.
Canovas reported for duty without obtaining the approval of his section
commander.

Recommendation(s):
1. Close Misconduct as Not Sustained.
2. Close Improper Procedure as Sustained; which is consistent with the finding
of Substantiated entered by IA.

Staff Observation: Ofc. Canovas received a reprimand and waived a
Department Disciplinary Review Board Hearing.

Case: City of Miami (Macias) IA # 04-280 CIP # 05-105

Involved Officer(s):
1. Alejandro Macias # 4252

Allegation(s):
1. Misconduct

On September 11, 2004, Ofc. Macias and a retired MPD officer arrived at
Miami International Airport from Grenada. While Ofc. Macias' luggage was
being inspected by a Customs official, two firearms (including his city issued
Glock) were found in his backpack. Although Ofc. Macias (and his companion)
had completed a Customs Declaration Form, nether had completed a separate
form applicable to firearms.

Recommendation(s):
1. Close as Not Sustained for Misconduct. Although Departmental Order
2.7.4.19 authorizes MPD officers to carry concealed firearms during off-duty
hours, it does not address the situation presented in this case. In addition, the
failure to declare (identify) a firearm is not a federal criminal violation; instead,
it constitutes a civil infraction.

Case: Lucien Civil IA # 06-100N CIP # 06-380

Involved Officer(s):
1. Sergeant Juan Casiano # 0909

Allegation(s):
1. Discourtesy

Mr. Civil was arrested by Sgt. Casiano on April 20, 2006, for theft (a
misdemeanor) in the parking lot of Cedars Hospital. On June 21, 2006, he
complained to Internal Affairs (IA) that Sgt. Casiano acted unprofessionally by
calling him a thief. Mr. Civil also filed a complaint with the CIP on August 11,
2006, essentially repeating the allegations set forth in the IA complaint.

Recommendation(s):

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Civilian Investigative Panel Meeting Agenda - Final February 20, 2007

B.14 07-00207 1. Close as No Finding; the CIP's investigator, Uptown Investigative Agency,
B.15 07-00208 has learned that Mr. Civil is presently in Haiti, and has been so for the past
B.16 07-00209 several months. Mr. Civil, therefore, is unavailable to clarify the complaint.

Case: Darryl Daniel IA # 05-236S CIP # 06-251

Involved Officer(s):
Bartholomew Gunderman #2629

Allegations:
1. Discourtesy
Cx stated on January 17, 2005, he was stopped by Sgt. Gunderman. Cx
stated that Sgt. Gunderman became visibly upset and used profanity.

Recommendations:
1. Close as No Finding for Discourtesy; Cx was convicted and sentenced as a
result of the arrest. Additionally, there were no independent witnesses to the
incident. Cx was at the Metro West Detention Center when he filed the report,
provided an address of the Homeless Assistance Center and could not be
located by MPD. (Note: Internal Affairs concluded investigation as
Unsupported because Cx was unavailable).

Case: Maritza Diaz IA # 02-390s CIP # 06-456

Involved Officer(s):
1. John Perez # 5524

Allegation(s):
1. Improper Procedure

Ms. Diaz was involved in an automobile accident on October 4, 2002. Ofc.
Perez attended the accident scene. On November 13, 2002, Ms. Diaz
complained to Internal Affairs (IA) that Ofc. Perez improperly investigated the
accident and contends that the other driver should have been ticketed for the
accident. In response, Ofc. Perez explained to IA that he did not witness the
accident, had no independent witness, and received conflicting accounts from
the two drivers.

Recommendation(s):
1. Close Improper Procedure as Exonerated. Without having witnessed the
accident, or otherwise having credible evidence of who caused the accident, it
was proper for Ofc. Perez to decline to issue a ticket to the other driver. (It
should also be noted that Ms. Diaz has not responded to telephone messages
or written correspondence from the CIP.)

Case: Geraldine M. Konan IA # 03-252S CIP # 07-061

Involved Officer(s):
1. Jose Paz # 5541

Allegation(s):

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Civilian Investigative Panel Meeting Agenda - Final February 20, 2007

B.17 07-00210 1. Missing Property
B.18 07-00211
In the early morning hours of July 9, 2003, a person or persons unknown broke
into Ms. Konan's parked automobile. Ofc. Paz responded to the scene.
Several days later, on July 15, Ms. Konan complained to Internal Affairs (IA)
that a witness had told her that Ofc. Paz had failed to secure her luggage that
had been removed from her car and left on the scene by the miscreant(s). In
response, Ofc. Paz explained to IA that the witness Ms. Konan was referring to
had provided him with information that led to a dumpster from which he (Ofc.
Paz) located a black cloth bag containing miscellaneous papers, which he
placed inside the burglarized vehicle.

Recommendation(s):
1. Close Missing Property as No Finding; Ms. Konan did not respond to a “10
-day letter” from the CIP.

Case: Eleanor Lodes IA # 03-086 CIP # 07-057

Involved Officer(s);
1. Melvin Calixto # 0792
2. Robert Couseillant # 1233

Allegation(s):
1. Discourtesy and Abusive Treatment

Ms. Lodes claims that on February 23, 2003, she went to an Adult Congregate
Living Facility and the police were called after she became involved in a
dispute with the owners. According to Ms. Lodes, Ofc. Claxito pointed his
finger in her face and instructed her to leave, and, Ofc. Couseillant grabbed
and twisted her wrist. The officers deny her allegations, and maintain that after
Ms. Lodes was informed that she was not authorized to remove a resident from
the premises she became enraged.

Recommendation(s):
1. Close as No Finding. Ms. Lodes has not responded to a “10-day letter”
from the CIP. (Note: Internal Affairs concluded its investigation as Cleared for
Abusive Treatment.)

Case: Juan D. Mencia IA # 03-042S CIP # 07-031

Involved Officer(s):
1. Orlando Merced # 4725

Allegation(s):
1. Discourtesy and Improper Procedure

Mr. Mencia claims that he and his cousin were in front of 871 NW 2nd Street
on January 21, 2003, when Ofc. Merced asked them to explain their presence,
demanded them to present identification, inquired if they possessed illegal
drugs, searched their car without consent, and threatened to slap him when he
(Mr. Mencia) inquired why he was behaving in this manner.

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Civilian Investigative Panel Meeting Agenda - Final February 20, 2007

B.19 07-00212 Recommendation(s):
B.20 07-00214 1. Close Discourtesy and Improper Procedure as No Finding. Mr. Mencia,
who resides in West Palm Beach, has not responded to a "10-day letter" from
the CIP.

Case: Mary Powell IA # 06-019 CIP # 06-216

Involved Officer(s):
1. Jorge Gonzalez # 2413

Allegation(s):
1. Abusive Treatment

In January 2006, Ms. Powell complained to Internal Affairs (IA) that on January
12, 2005, she was walking through the Galleria Mall located in downtown
Miami when she was grabbed, thrown to the ground, struck in the abdomen,
handcuffed, and arrested by Ofc. Gonzalez. Her account was disputed by the
security guard at the mall, Ofc. Gonzalez and Ofc. Jorge Guerra.

Recommendation(s):
1. Close as Not Sustained. The CIP's investigator, Jeannie Rogers of Uptown
Investigations, interviewed Ms. Powell, who maintains that she should not have
been arrested for trespassing, disorderly conduct, and disorderly intoxication.
When Ms. Rogers asked Ms. Powell about previous problems she had at the
Galleria Mall, Ms. Powell declined to answer.

Case: Joel Saint Bon IA # 02-184S CIP # 06-412

Involved Officer(s):
1. Enrique Gomez # 2603
2. George Gil # 2299
3. Madelin Garcia # 3988

Allegation(s):
1. Neglect of Duty and Improper Procedure

Mr. Saint Bon, a taxi cab driver, claims that on May 23, 2002, he summoned
the police after a customer was unable to pay the fare. He further claims that
after he rejected the officers' suggestion to accept an amount lesser than the
fare, the officers allowed the passenger to leave without paying her fare.

Recommendation(s):
Close as No Finding. Mr. Saint Bon has not responded to telephone messages
left by the CIP or to a “10-day letter” from the CIP. (Note: Internal Affairs
concluded the investigation as Cleared.

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Civilian Investigative Panel Meeting Agenda - Final February 20, 2007

C. RULES OF DEBATE
D. MONTHLY MEETINGS: TIME & VENUE
E. REVISIONS TO CIP SUBCOMMITTEES
F. QUALITY OF LIFE TASK FORCE HEARINGS
G. POLICIES & PROCEDURES SUBCOMMITTEE REPORT

G.1 Police Mini-Stations

H. PUBLIC FORUM
I. ANNOUNCEMENTS

I.1 Chief Investigator Position
I.2 NACOLE Conference: September 25-28 in San Jose, California

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