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08-24-2007, 06:30 PM
Weeks after fondling a woman suspected of drunken driving, authorities say, a married Miami Beach police officer met the same woman at a South Beach bar, bought drinks and tried to kiss her.

What Officer Eduardo Macias didn't know was that the woman was wearing a recorder and cooperating with internal affairs detectives, authorities said.

Today, following a yearlong investigation, Macias, 32, will surrender to face charges of official misconduct, perjury and battery. He is the fourth officer in Miami-Dade County during the past five months to be arrested on sex-related charges.

His defense attorney, Christopher Lyons, did not return phone calls from The Miami Herald. Miami Beach Fraternal Order of Police president Bobby Jenkins said: ``Everyone is innocent until proven guilty. Everybody has their day in court.''

According to an arrest warrant, this is what happened:

On Aug. 23, 2006, a 29-year-old bartender was arrested about 3 a.m. for driving under the influence in the 2100 block of Washington Avenue.

Macias, a Miami Beach cop since 2001, didn't arrest her but was assigned to administer a breath test.

While taking her back to the station, he ``turned off all the lights to the police cruiser and made a turn into an alleyway behind Lincoln Road.''

He let her out of the back seat -- she was handcuffed -- and while she stood outside the car he put his hands inside her bra and fondled her, the warrant alleges.

Macias ''kept telling her everything was going to be all right,'' the warrant reads.

Then he took off her handcuffs, smoked a cigarette and gave her one, too. He again fondled her and kissed her on the mouth ''in a manner the victim described [as] very intimate on his part,'' the warrant reads.

They then drove to the police station, where he advised the woman not to take the breath test, even showing her where to sign on a breath test form.

He also swore in two forms that he read her a portion of the law informing her she could lose her license for a year by not taking the test, police said. But he never read that to her, police said.

Then, Macias asked her for her phone number, suggesting she answer ''because he knew where she lived.'' She gave him her cellphone number. Another officer took her to Miami-Dade County jail.

On Sept. 26, the woman and her attorney told Miami Beach internal affairs investigators what had happened. The woman was afraid to cooperate.

'But she said, `If this guy did it to me, he's probably going to do it again. I don't want this to happen to anyone else,' '' said the woman's attorney, Mike Catalano.

She agreed to wear a recording device while appearing at a court hearing Oct. 16.

In the courtroom hallway, police say, Macias told her he had lost her number. The woman gave it to him again.

Macias called a day later, telling her not to tell Catalano what had happened. He also gave her his number.

They later met at Mango's Tropical Café in South Beach, where Macias works off-duty security. While in full uniform, he drank two Cape Codders: vodka, cranberry juice and lime juice.

While there, a parking enforcement officer tried ticketing her car -- and Macias talked him out of it.

In the bar, he said he was ''divorced and would like to see her again,'' the warrant reads.

Macias -- who is not divorced -- walked her to her car and tried to kiss her, police said. She refused, but they made plans to meet again, police said.

A Miami Beach police spokesman declined to comment. The investigation was spearheaded by Miami Beach internal affairs Sgt. Daniel Morgalo and Assistant State Attorney Luis Caso.

Macias is the fourth police officer in Miami-Dade to face sex-related charges in the past five months:

• In March, Miami officer Michael P. Ragusa was arrested and accused of abducting a woman in his police car, fondling her and later inviting her to lunch. He was later charged in connection with a separate attack. He is awaiting trial.

• In July, Miami-Dade Sgt. Richard Lumarque was arrested for allegedly raping his ex-wife after he found sexually explicit text messages she had sent to another man. A trial is pending.

• In August, Miami-Dade officer Michael McKinnon was accused of seducing a 14-year-old female Police Explorer. He is charged with lewd and lascivious behavior, and the trial is pending.

MOD 333
08-26-2007, 01:08 AM
Posters,
Please refrain from discussing an open Internal Affairs investigation in this VERY Public forum. You have no idea the implications this could have for a fellow brother. All the alledged "Victim's" attorney needs to do is print out this website and use your personal opinions of Officer Macias as more ammunition for his so called case. Ladies and Gentlemen, please let the system run it's course, and by all means, refrain from discussing this case on LEOAFFAIRS.COM.

Thank you for your continued support and cooperation.

MOD 333