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03-01-2011, 12:42 PM
Judge: Police shooting violated man’s civil rights

A Miami-Dade County judge has ruled that a Miami-Dade police officer who shot an unarmed man in the back violated his constitutional rights.
By CHARLES RABIN
crabin@miamiherald.com
Six years after a Miami-Dade police officer shot Rudy Morris in the back, killing the unarmed man after he scuffled with another officer, a judge has ruled that the shooting was unwarranted and that police violated Morris’ constitutional rights.

A five-page decision penned by Miami-Dade Circuit Court Judge William Thomas last month found that “McKinnon’s actions to kill an unarmed burglary suspect, by shooting him in the back as he was running away on foot, was unreasonable and violated the Fourth Amendment of the United States Constitution.”

The initial wrongful death suit filed in 2007 by Mary Williams on behalf of her son, Morris, sought money damages against the county and officer Carol McKinnon. But a civil rights claim was added to the complaint by Williams’ attorneys.

The family will continue to seek monetary damages and plans on moving forward with a civil rights complaint against the county, arguing negligent training practices for police, said Attorney Ray Taseff. But that won’t occur until McKinnon’s appeal is complete, said County Attorney James Allen, who wouldn’t comment further on the ruling.

McKinnon still works for Miami-Dade police, but she now processes burglary scenes for the Crime Scene Investigations unit. Taseff said the State Attorney’s Office closed out the shooting years ago, absolving McKinnon of any criminal wrongdoing. The state attorney was unable to confirm that late Monday.

The incident that sparked the lawsuit happened in June 2005, when McKinnon and her partner, Guipson Balthazar, followed Morris into the 18th Avenue Market in Liberty City after they noticed he was driving a stolen car. The judge’s ruling says the plaintiff and defendant version of events do not differ “in any material way.”

According to the judge, once the officers entered the market they found Morris behind some boxes in the back of the store and ordered him to the ground. As Balthazar stood over him in an attempt to handcuff Morris, Morris, who was unarmed, jerked his back. Balthazar used his foot to force Morris back to the ground.

But the move alarmed McKinnon, who suddenly fired her Taser at Morris – missing him and inadvertently hitting Balthazar in the leg. When Balthazar stumbled backward, Morris got up and ran toward the door, bumping into McKinnon, who fell to the ground. From a seated position on the floor, McKinnon fired twice at Morris before he was able to leave the store, hitting him in the elbow and killing him with a shot to the back.

Thomas called McKinnon’s actions that day “not objectionably reasonable.”



Read more: http://www.miamiherald.com/2011/02/28/2 ... ated.html# (http://www.miamiherald.com/2011/02/28/2090639/judge-police-shooting-violated.html#)#ixzz1FLn8rhRE

03-01-2011, 01:36 PM
Each case has different facts.

03-01-2011, 01:42 PM
If the officers when home safety the money is well spent. God bless them. The County or the City would only waste the money in another Stadium or Tunnel. Think of it has crime prevention money , since guy will never offend again.

03-01-2011, 01:58 PM
As a citizen of DAde County , I only ask that we deduct any and all monies previously spend on this guys through social services, back taxes , jail time and any other benefits before a settlement is reached.

03-01-2011, 03:03 PM
As a citizen of DAde County , I only ask that we deduct any and all monies previously spend on this guys through social services, back taxes , jail time and any other benefits before a settlement is reached.


LMFAO!!!! :devil:

03-02-2011, 06:24 AM
Exposito's Officers are out of Control!!! More Innocents civilians are Complaining of Excessive Force from Expositos Police Officers due to his Poor Administration.

When is enough is enough? Mr. Mayor terminate this loser already.

MIAMI (WSVN) -- A woman has stepped forward saying she was a victim of excessive force by a City of Miami Police officer, even though, she said, she did nothing wrong.

"I went to jail, and it was something I should have never experienced," Andrea Castillo said. "I can't even imagine myself doing something like that."

Castillo, 31, is the mother of a 7-year-old boy, works full-time and is enrolled in school. She said, on Feb. 20, she was leaving a music festival at Bayfront Park with her husband and a few friends. As officers ushered the crowd out of the venue, Castillo said she became separated from her group, and that is when she had a confrontation with one of the officers. "When he told me to keep on going, he was kind of being really rude and kind of like pushing us out, so I turned around and said, 'Why are you talking to us like that?' He was just cursing and saying, 'Just go.'"

"Next thing I know, I'm getting pushed, and I'm getting thrown into a metal rail that was on the side. They pulled my arm and threw me. I got hit," recalled the 31-year-old.

Castillo said when she questioned the officer once again things got worse. "Next thing I know they're handcuffing me, and I'm walking with the officer, and I felt like a push, and I just went down. I got slammed into the floor."

Video shows Castillo being arrested by a Miami Police officer. Though it was a chaotic scene, Castillo said she was roughed up and arrested for no reason. "At this point, I'm super scared, and I'm crying, and I don't know what was going on," she said.

Castillo was charged with disorderly conduct, battery on a police officer and resisting arrest.

Police are investigating the incident and would not specify if the case involves more than one officer. "It is an open investigation. There's not much that we can say about it. Indeed internal affairs is looking at not just the incident on video, but the entire incident, as to what led to the arrest," Miami Police spokesperson Kenia Reyes said.

The 31-year-old mother suffered injuries to her face, arms and legs, but she said she does not plan on suing. All she wants is the charges dropped against her and her name cleared. Her attorney, Alexander Fox, said, "She absolutely did not commit any crime. She absolutely did not batter a law enforcement officer, period."

"It's been really traumatizing. I'm trying to stay strong, especially so my son doesn't see me like this, but it's really hard. This, to me is a nightmare," said Castillo.

(Copyright 2011 by Sunbeam Television Corp. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

03-02-2011, 06:29 AM
Once again more corruption under Expositos failed Dept and Administration. Officer Reynolds was arrested yesterday on grand theft charges. When is enough, enough! Mr Mayor take action your police dept is going under under under! :devil: :devil: :devil: :devil: :devil:

03-02-2011, 06:56 AM
Great job to all the officers involved for controlling the mob that was out of control and thank u for taking proper action and arresting all of those who enticed and broke the law. Great job!!! I am a Down Town resident who appreciate the work our local police do. Thank u guys!!!

03-02-2011, 08:33 AM
I saw the video and I didn't see the officers do anything wrong. I heard her say, she question the police officer twice. Lady if the police is telling you to leave after the event is over, you have to go.I also saw somebody hit the officer with an object on his back. And you are calling this excesses force? 95% of the people we arrest claim that they didn't do anything wrong. Give it a break already with blaming everything on the chief.

03-02-2011, 11:39 AM
Chief Exposito is a true leader and a man of character and principle. Regalado wants to run this place like it truly is, a banana republic. He is a man of dubious and shady character, with no scruples.

03-02-2011, 11:42 AM
Chief Exposito is a true leader and a man of character and principle. Regalado wants to run this place like it truly is, a banana republic. He is a man of dubious and shady character, with no scruples.

03-02-2011, 12:36 PM
Once again more corruption under Expositos failed Dept and Administration. Officer Reynolds was arrested yesterday on grand theft charges. When is enough, enough! Mr Mayor take action your police dept is going under under under! :devil: :devil: :devil: :devil: :devil:


things were worst before you were demoted. regalado might be next. i rather be arrestedthan demoted....................LMAO :devil: :devil: :devil:

03-02-2011, 01:15 PM
Another typical respond from one of exposito's cornies! Thats the same thing i'm going to say about you!

03-02-2011, 01:19 PM
Great job to all the officers involved for controlling the mob that was out of control and thank u for taking proper action and arresting all of those who enticed and broke the law. Great job!!! I am a Down Town resident who appreciate the work our local police do. Thank u guys!!!

Thank you Mr Concern citizen!! Why don't you write a letter to the fat ass chief exposito commending his officers then?

03-02-2011, 01:36 PM
Excessive force are u kidding me this officer didn't even unholster gun. I guess she wanted to have anwer and question session. Wow

03-02-2011, 01:40 PM
Miami herald News results for: Miami Police Chief Exposito Results 1-15 of 103 Sort by Relevance Date

Man shot by police says he’ll sue Sunday Feb 27, 2011
Attorneys for Kareem Williams, who was injured in a police shooting Feb. 11, said Saturday they have filed a notice of intent to sue the city of Mi... read entire article

Miami’s ethnic brew can get tense Sunday Feb 27, 2011
I was at Bayside for a taping at a local production company. With some time on my hands, I decided to head to one of the stands that sells Cuban co... read entire article

Chief: ‘I welcome federal probe’ Saturday Feb 26, 2011
As chief of a major police department, I am always concerned when our officers discharge their weapons. I also fear for the safety of our officers ... read entire article

Wilson wants feds to review Miami police shootings Saturday Feb 26, 2011
A congresswoman wants the Justice Department to investigate the Miami Police Department and its use of deadly force in the shooting deaths of seven... read entire article

U.S. Rep. Frederica Wilson to feds: Review Miami police shootings Friday Feb 25, 2011
U.S. Rep. Frederica Wilson has asked the Department of Justice to review the shootings of seven black men by Miami police officers over the past fe... read entire article

Miami Chief Exposito to meet with relatives of men killed by police Monday Feb 21, 2011
Private meetings were set with next of kin of men slain by Miami police officers during past year. read entire article

Miami police chief will meet families of 7 shot Monday Feb 21, 2011
Miami's police chief is meeting with the families of seven men his officers have shot and killed since early last year. read entire article

Justice review of police shootings welcome Sunday Feb 20, 2011
OUR OPINION: Both reality and perception about Miami police need attention read entire article

ACLU, NAACP ask civilian panel to investigate Miami police shootings Thursday Feb 17, 2011
A civilian panel with subpoena power will review the shootings of eight black men in the inner city by Miami police over the past 10 months. read entire article

Police shooting in Little Haiti leaves 1 dead, 1 injured Friday Feb 11, 2011
After the seventh deadly shooting in the past year involving Miami police, community leaders are calling for a federal investigation of the police ... read entire article

Herald to obtain mayor’s phone records following lawsuit settlement Friday Feb 11, 2011
The Miami Herald and Miami Mayor Toms Regalado came to an agreement over a lawsuit the newspaper filed to obtain the mayor's cell phone records. read entire article

Judge to Miami mayor: Show why phone records are not public Tuesday Feb 8, 2011
The Miami Herald sued Mayor Toms Regalado, arguing that his cell phone statements are public record. read entire article
Cool it Friday Feb 4, 2011

Miami's new city manager, Tony Crapp Jr., made a good move this week by bringing in a respected former FBI agent who once headed the Miami field of... read entire article

Drumbeat grows for exit of Miami police chief Thursday Feb 3, 2011
The chorus calling for Miami Police Chief Miguel Exposito's exit grew louder Wednesday, as the majority of the city's five-member commission and th... read entire article

Miami's city manager on Monday announced he has appointed former FBI special agent in charge Paul R. Philip to serve as "advisor" on police... read entire article

Miami-Dade State Attorney Rundle and Miami Police Chief Exposito in public spat Monday Jan 31, 2011
Like sparring boxers, Miami Police Chief Miguel Exposito and Miami-Dade State Attorney Katherine Fernndez Rundle are trading jabs in the most unusu... read entire article

Former FBI chief brought in to assess Miami police Monday Jan 31, 2011
Casting fresh doubt on the future of Miami Police Chief Miguel Exposito, the city hired the respected former FBI chief who led Operation Greenpalm ... read entire article

Online law-enforcement training links to assistant chief's son Monday Jan 31, 2011
The Miami Police Department is promoting an online law-enforcement training company created by the son of the department's assistant chief, raising... read entire article

Exposito slams state attorney on shootings data Thursday Jan 20, 2011
With the public and politicians clamoring for details on six fatal police shootings in Miami over the past year, the city's top cop and prosecutor ... read entire article

Explosive video has star role in drama surrounding Miami's police chief Thursday Jan 20, 2011
It's five minutes and 12 seconds of adrenaline and testosterone, with a dollop of cheesecake: Burly Miami cops chomping on cigars boast of being ``... read entire article

Exposito slams state attorney on shootings data Thursday Jan 20, 2011
With the public and politicians clamoring for details on six fatal police shootings in Miami over the past year, the city's top cop and prosecutor ... read entire article

Police chief Miguel Exposito's job safe -- for now Friday Jan 14, 2011
Miami Police Chief Miguel Exposito's job is safe for now, but only after two hours of political theater Thursday the likes of which have been missi... read entire article

Miami city manager clamps down reporters' access Thursday Jan 13, 2011
In the midst of a nasty public battle between Miami Mayor Toms Regalado and Police Chief Miguel Exposito, the city's new administration has issued ... read entire article

Miami police, City Hall at odds over game machines Thursday Jan 13, 2011
At Cafe Raul in Hialeah, diners can feed dollars into an All Fruit Bonus video gaming machine. Though it looks like a traditional slot machine, the... read entire article

The hazy intersection of gambling and amusement: Where do slot-like machines fit? Thursday Jan 13, 2011
At Cafe Raul in Hialeah, diners can feed dollars into an All Fruit Bonus video gaming machine. Though it looks like a traditional slot machine, the... read entire article

Can Florida's gaming-machine law be enforced? It's a matter of chance Thursday Jan 13, 2011
In a state with a long and storied history of illegal gambling, David Ovalle's $6 winnings on a one-dollar bet won't get him a mention with Meyer L... read entire article

New policy bans most Miami employees from talking to reporters Thursday Jan 13, 2011
In the midst of a nasty, public battle between Miami Mayor Toms Regalado and Police Chief Miguel Exposito, the city's new administration has issued... read entire article

Century of discord could shape chief's fate Thursday Jan 13, 2011
With Miami Police Chief Miguel Exposito's job in question going into Thursday's meeting of the Miami City Commission, a look back at how similar po... read entire article

and it goes on more and more!!!!!

03-02-2011, 01:41 PM
Miami herald News results for: Miami Police Chief Exposito Results 1-15 of 103 Sort by Relevance Date

Man shot by police says he’ll sue Sunday Feb 27, 2011
Attorneys for Kareem Williams, who was injured in a police shooting Feb. 11, said Saturday they have filed a notice of intent to sue the city of Mi... read entire article

Miami’s ethnic brew can get tense Sunday Feb 27, 2011
I was at Bayside for a taping at a local production company. With some time on my hands, I decided to head to one of the stands that sells Cuban co... read entire article

Chief: ‘I welcome federal probe’ Saturday Feb 26, 2011
As chief of a major police department, I am always concerned when our officers discharge their weapons. I also fear for the safety of our officers ... read entire article

Wilson wants feds to review Miami police shootings Saturday Feb 26, 2011
A congresswoman wants the Justice Department to investigate the Miami Police Department and its use of deadly force in the shooting deaths of seven... read entire article

U.S. Rep. Frederica Wilson to feds: Review Miami police shootings Friday Feb 25, 2011
U.S. Rep. Frederica Wilson has asked the Department of Justice to review the shootings of seven black men by Miami police officers over the past fe... read entire article

Miami Chief Exposito to meet with relatives of men killed by police Monday Feb 21, 2011
Private meetings were set with next of kin of men slain by Miami police officers during past year. read entire article

Miami police chief will meet families of 7 shot Monday Feb 21, 2011
Miami's police chief is meeting with the families of seven men his officers have shot and killed since early last year. read entire article

Justice review of police shootings welcome Sunday Feb 20, 2011
OUR OPINION: Both reality and perception about Miami police need attention read entire article

ACLU, NAACP ask civilian panel to investigate Miami police shootings Thursday Feb 17, 2011
A civilian panel with subpoena power will review the shootings of eight black men in the inner city by Miami police over the past 10 months. read entire article

Police shooting in Little Haiti leaves 1 dead, 1 injured Friday Feb 11, 2011
After the seventh deadly shooting in the past year involving Miami police, community leaders are calling for a federal investigation of the police ... read entire article

Herald to obtain mayor’s phone records following lawsuit settlement Friday Feb 11, 2011
The Miami Herald and Miami Mayor Toms Regalado came to an agreement over a lawsuit the newspaper filed to obtain the mayor's cell phone records. read entire article

Judge to Miami mayor: Show why phone records are not public Tuesday Feb 8, 2011
The Miami Herald sued Mayor Toms Regalado, arguing that his cell phone statements are public record. read entire article
Cool it Friday Feb 4, 2011

Miami's new city manager, Tony Crapp Jr., made a good move this week by bringing in a respected former FBI agent who once headed the Miami field of... read entire article

Drumbeat grows for exit of Miami police chief Thursday Feb 3, 2011
The chorus calling for Miami Police Chief Miguel Exposito's exit grew louder Wednesday, as the majority of the city's five-member commission and th... read entire article

Miami's city manager on Monday announced he has appointed former FBI special agent in charge Paul R. Philip to serve as "advisor" on police... read entire article

Miami-Dade State Attorney Rundle and Miami Police Chief Exposito in public spat Monday Jan 31, 2011
Like sparring boxers, Miami Police Chief Miguel Exposito and Miami-Dade State Attorney Katherine Fernndez Rundle are trading jabs in the most unusu... read entire article

Former FBI chief brought in to assess Miami police Monday Jan 31, 2011
Casting fresh doubt on the future of Miami Police Chief Miguel Exposito, the city hired the respected former FBI chief who led Operation Greenpalm ... read entire article

Online law-enforcement training links to assistant chief's son Monday Jan 31, 2011
The Miami Police Department is promoting an online law-enforcement training company created by the son of the department's assistant chief, raising... read entire article

Exposito slams state attorney on shootings data Thursday Jan 20, 2011
With the public and politicians clamoring for details on six fatal police shootings in Miami over the past year, the city's top cop and prosecutor ... read entire article

Explosive video has star role in drama surrounding Miami's police chief Thursday Jan 20, 2011
It's five minutes and 12 seconds of adrenaline and testosterone, with a dollop of cheesecake: Burly Miami cops chomping on cigars boast of being ``... read entire article

Exposito slams state attorney on shootings data Thursday Jan 20, 2011
With the public and politicians clamoring for details on six fatal police shootings in Miami over the past year, the city's top cop and prosecutor ... read entire article

Police chief Miguel Exposito's job safe -- for now Friday Jan 14, 2011
Miami Police Chief Miguel Exposito's job is safe for now, but only after two hours of political theater Thursday the likes of which have been missi... read entire article

Miami city manager clamps down reporters' access Thursday Jan 13, 2011
In the midst of a nasty public battle between Miami Mayor Toms Regalado and Police Chief Miguel Exposito, the city's new administration has issued ... read entire article

Miami police, City Hall at odds over game machines Thursday Jan 13, 2011
At Cafe Raul in Hialeah, diners can feed dollars into an All Fruit Bonus video gaming machine. Though it looks like a traditional slot machine, the... read entire article

The hazy intersection of gambling and amusement: Where do slot-like machines fit? Thursday Jan 13, 2011
At Cafe Raul in Hialeah, diners can feed dollars into an All Fruit Bonus video gaming machine. Though it looks like a traditional slot machine, the... read entire article

Can Florida's gaming-machine law be enforced? It's a matter of chance Thursday Jan 13, 2011
In a state with a long and storied history of illegal gambling, David Ovalle's $6 winnings on a one-dollar bet won't get him a mention with Meyer L... read entire article

New policy bans most Miami employees from talking to reporters Thursday Jan 13, 2011
In the midst of a nasty, public battle between Miami Mayor Toms Regalado and Police Chief Miguel Exposito, the city's new administration has issued... read entire article

Century of discord could shape chief's fate Thursday Jan 13, 2011
With Miami Police Chief Miguel Exposito's job in question going into Thursday's meeting of the Miami City Commission, a look back at how similar po... read entire article

and it goes on more and more!!!!!

03-02-2011, 01:46 PM
Papo, the Chief has done a great job arresting corrupted cops that have been here before he became Chief. The question that u need to be asking yourself is why weren't they arrested soon and the answer is , we were to busy making DIP arrests for the dog and pony show.

03-02-2011, 02:09 PM
Once again more corruption under Expositos failed Dept and Administration. Officer Reynolds was arrested yesterday on grand theft charges. When is enough, enough! Mr Mayor take action your police dept is going under under under! :devil: :devil: :devil: :devil: :devil:
Who's Reynolds and where does the person work. The only one I know is the female. I'm sure the person is innocent, just got caught up in a current witch hunt. :evil:

03-02-2011, 04:09 PM
Chief Exposito is a true leader and a man of character and principle. Regalado wants to run this place like it truly is, a banana republic. He is a man of dubious and shady character, with no scruples.

03-02-2011, 05:30 PM
Chief, I am sick of people constantly trashing you. Few of them if any have the balls to tell you to your face so that is why they come here. Ignore the crap that is being said about you. Continue to do the best job that you can do and let the chips fall where they may. That is all that anyone could ever ask of you. I just wanted you to know that there are those of us that support you.

03-02-2011, 05:36 PM
I support your exit as quickly as possible. Our department resembles the Titanic. If you still care about MPD,please retire and take these unqualified staff members with you.

03-02-2011, 06:18 PM
Chief I support you for being the worst chief of police In the history of the Miami police dept. Please continue to do your job. Your truly, The criminals!

03-02-2011, 06:39 PM
This guy has destroyed the department! What a loser.

03-02-2011, 06:47 PM
More failure under Expositos watch!!!! The Downtown NRO officer who tested positive for cocaine resigned today! This Department has become a mess. This Administration has lost total control.

03-02-2011, 06:48 PM
WOW! Another negative story on the herald today.

03-02-2011, 06:49 PM
This chief is a mess!

03-02-2011, 06:50 PM
Did Esposito hired this fine officer? Or was he a product of Boy King's regime? Just curious.

03-02-2011, 06:51 PM
Officer are waiting to kill under Expositos order!

03-02-2011, 06:55 PM
What were you promised if the chief leaves? If you cared so much why font you stand up , showing the chief what's wrong so he can fix it?

Uhhh ok like I thought just out for yourself. The chief has publicly backed the officers! Where oh where are you during these turbulent times that we are facing cop killers out in the street? I know lets go arrest the little old lady on the corner for selling mamoncillos.

Stick to LEOaffairs letting the chief run the department . Jokes on you!!!!

03-02-2011, 07:33 PM
Back in the day, you could sneak in a short left hook to the liver and really make them cry!

03-02-2011, 08:38 PM
Chief. Please retire already. Do it for MPD and for tje troops

MOD 634
03-02-2011, 09:00 PM
merged chief threads

03-02-2011, 10:10 PM
Chief Exposito is a true leader and a man of character and principle. Regalado wants to run this place like it truly is, a banana republic. He is a man of dubious and shady character, with no scruples.

03-03-2011, 01:30 AM
Officer are waiting to kill under Expositos order!


I wonder which sluggish command staffer you are? You sharks smell blood in the water, but only one can become chief. And then, the sharks will turn on the winner.