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02-03-2018, 10:04 AM
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Daniel Suarez, CIP 17-217 CIP#: 17-217IA#: C17-032N Case: Daniel Suarez Involved Officer(s):
Miguel Garcia, 2192
Allegation(s):
Discourtesy, Improper Procedure DOI: March 23, 2017 Procedural History
On 03/27/2017 Mr. Suarez responded to Internal Affairs and filed a formal complaint against Officer Garcia alleging Improper Procedure and Discourtesy. Sergeant Traci Jn Baptiste (6533) was assigned to investigate the complaint. On 03/29/2017 the allegations of Improper Procedure and Discourtesy were closed as a Non-Complaint because it was determined that the officer did not violate any departmental rules and regulations or Florida State Statutes.
The IA Report was received by the CIP on 09/26/2017.
Complaint:
Mr. Suarez responded to Internal Affairs to file an unrelated complaint. While providing his sworn recorded statement, Mr. Suarez alleged that Officer Garcia became hostile. When Mr. Suarez requested a supervisor Officer Garcia stopped the recorder but continue to discuss the complaint before he called for a supervisor.
Investigation:
Attempts were made unsuccessfully to Officer Garcia. Mr. Suarez responded to the CIP office and provided a taped statement.
According to Mr. Suarez he arrived at Internal Affairs to make an unrelated complaint and was told by the person at the front (unknown) that IA did not take third party complaints. This information was reiterated by Officer Garcia. At 10:52 a.m. Mr. Suarez sent a text message to IA Major Jose Rodriguez stating, "Good morning Major, I'm at IA, seems like there is confusion with me filing a complaint about something Ortiz did. I recall that the CIP and PD cleared up 3rd party complaints a while back, such as anonymous complaint, but I'm being told otherwise here. I spoke with Cris about it, and she confirmed that indeed that was already cleared up. Could I ask for some help please." There was no response from Major Rodriguez, but shortly thereafter Officer
Garcia took Mr. Suarez to the back. After providing preliminary information to Officer Garcia, Mr. Suarez began to provide a sworn taped statement. As Mr. Suarez’s statement progressed Officer Garcia became "hostile." Officer Garcia raised his voice, questioned in circles, and attempted to get answers the way he wanted them answered and not the way it happened. Mr. Suarez described Officer Garcia as being sarcastic, taunting, and not professional. Mr. Suarez advised Officer Garcia he felt like there was hostility and asked for a supervisor. Officer Garcia turned the recording device off but continued asking questions. Mr. Suarez sent another text message to Major Rodriguez at 11:32 a.m. stating, "The detective was being hostile, so I asked for a supervisor." Lieutenant Salas-Jacobson responded and took a sworn taped statement was taken from Mr. Suarez.
The statements taken by Internal Affairs related to this complaint were reviewed.
Internal Affairs Sergeant Traci Jn Baptiste took a statement from Mr. Suarez about how he was treated by Officer Garcia. Mr. Suarez related how Detective Garcia told him that Internal Affairs does not take third party complaints, but that he would take the statement and not do anything. Mr. Suarez advised that during his statement with Detective Garcia, the detective kept cutting him off and would not let him complete his statement. Sergeant Jn Baptiste also took a separate statement from Mr. Suarez that was unrelated to this complaint.
Staff reviewed the statement that Officer Garcia took from Mr. Suarez. The beginning of the statement started out with no conflict, but as it progressed Officer Garcia requested that Mr. Suarez stick to what he observed and asked if he was attesting to a third party. Mr. Suarez advised that he intended to tell Detective Garcia everything so he would know who the witnesses were. The end of the statement ended after Detective Garcia began rapidly firing off questions to Mr. Suarez without giving him the opportunity to answer, at which point Mr. Suarez advised Detective Garcia that he was being hostile and asked for supervisor. The recording was then stopped.
Department Orders Considered:
DO 2, Chapter 2, Internal Investigations:
2.1 POLICY: It is the policy of the Miami Police Department to investigate all complaints, to include anonymous complaints, of employee misconduct arising from the public or from within the Department.
2.4.1.1 Complaints shall be accepted from any source, whether made in person, by mail or over the telephone, provided the complaint contains sufficient factual information to warrant an investigation. Individuals are encouraged to submit their complaints in person in order to obtain as complete a report as possible after the incident. In cases in which the complainant cannot file the report in person, departmental personnel may visit the individual at his or her home, place of business or hospital in order to complete the report.
DO 2, Chapter 3, Code of Ethics:
3.3 RESPONSIBILITIES: A police officer acts as an official representative of
government who is required and trusted to work within the law. The officer’s powers and duties are conferred by statute. The fundamental duties of a police officer include serving the community; safeguarding lives and property; protecting the innocent; keeping the peace; and ensuring the rights of all to liberty, equality and justice.
3.4.1 Performance of the Duties of an Employee: Employees shall perform all duties impartially, without favor or affection or ill will and without regard to status, sex, race, religion, political belief or aspiration. All citizen will be treated equally with courtesy, consideration and dignity.
Employees will never allow personal feelings, animosities or friendship to influence official conduct. Laws will be enforced appropriately and courteously and, in carrying out their responsibilities, employee will thrive to obtain maximum cooperation from the public. Employees will conduct themselves in appearance and deportment in such a manner as to inspire confidence and respect for the position of public trust they hold.
Staff Recommendation:
Effective investigative and communication skills requires more than the verbal exchange of messages. It requires the proper attitude, self-control, courtesy, and good listening and speaking skills. Staff finds that Officer Garcia, while conducting the initial intake interview from Mr. Suarez, lacked effective interview and communication skills, thus creating conflict with the person he was interviewing. We recommend that the allegation of Discourtesy be closed as Sustained.
DO 2, Chapter 2, Internal Investigations, clearly states, “Complaints should be accepted from any source, whether made in person, by mail, or over the telephone, provided the complaint contains sufficient factual information to warrant an investigation.” Mr. Suarez had firsthand knowledge of the incident he was reporting, as well as witness names, dates and times. Staff therefore recommends that the allegation of Improper Procedure be closed as Sustained.
Lastly, Staff recommends review/training on MPD Departmental Order 2, Chapter 2 on Internal Investigations, and on the Officers Bill of Rights with all investigators and supervisors who investigate complaints.
Officer Garcia was hired on 08/05/1997 and he has had 2 citizen complaints and 6 use of force incidents.
Complaint Committee Recommendation:
The Complaint Committee voted to accept Staff’s recommendation.
Investigative Notes
09/26/2017 The Internal Affairs (“IA”) investigative report was obtained.
09/27/2017
Executive Director conducted a preliminary review of the case. Case assigned to Investigator Albert for investigation.
A 10-day letter accompanied by the IA Report was forwarded to the
An initial notification letter was emailed to the Principal Officer.
Request was made to IA for a copy of the statement referenced in the RF
09/27/2017 121 and any other documents in their file.
09/28/2017 IA advised that they would notify staff when the statement was available for pickup.
10/11/2017 Attempted to contact Mr. Suarez about his complaint. A message was left at the telephone number listed in the RF 121 Complaint Form.
10/12/2017 Telephone contact was made with Mr. Suarez. Staff will re-contact him next week to schedule an appointment to take a statement.
10/23/2017 IA file was obtained.
11/06/2017 An email was sent to IA re-requesting the statement Detective Garcia took from Mr. Suarez.
11/14/2017 Mr. Suarez's statement to Detective Garcia was received from IA. CALEA Standard 52, Internal Affairs was reviewed.
Mr. Suarez responded to the CIP office and provided a taped statement. The statement that Lieutenant Salas-Jacobson took from Mr. Suarez was
11/28/2017 Face to face contact was made with Lieutenant Salas-Jacobson at IA who advised she did not take a sworn recorded statement from Mr. Suarez about any recent complaints.
12/04/2017 Case submitted for closure with Investigator's recommendation.
11/21/2017 requested from IA.
Daniel Suarez, CIP 17-217 CIP#: 17-217IA#: C17-032N Case: Daniel Suarez Involved Officer(s):
Miguel Garcia, 2192
Allegation(s):
Discourtesy, Improper Procedure DOI: March 23, 2017 Procedural History
On 03/27/2017 Mr. Suarez responded to Internal Affairs and filed a formal complaint against Officer Garcia alleging Improper Procedure and Discourtesy. Sergeant Traci Jn Baptiste (6533) was assigned to investigate the complaint. On 03/29/2017 the allegations of Improper Procedure and Discourtesy were closed as a Non-Complaint because it was determined that the officer did not violate any departmental rules and regulations or Florida State Statutes.
The IA Report was received by the CIP on 09/26/2017.
Complaint:
Mr. Suarez responded to Internal Affairs to file an unrelated complaint. While providing his sworn recorded statement, Mr. Suarez alleged that Officer Garcia became hostile. When Mr. Suarez requested a supervisor Officer Garcia stopped the recorder but continue to discuss the complaint before he called for a supervisor.
Investigation:
Attempts were made unsuccessfully to Officer Garcia. Mr. Suarez responded to the CIP office and provided a taped statement.
According to Mr. Suarez he arrived at Internal Affairs to make an unrelated complaint and was told by the person at the front (unknown) that IA did not take third party complaints. This information was reiterated by Officer Garcia. At 10:52 a.m. Mr. Suarez sent a text message to IA Major Jose Rodriguez stating, "Good morning Major, I'm at IA, seems like there is confusion with me filing a complaint about something Ortiz did. I recall that the CIP and PD cleared up 3rd party complaints a while back, such as anonymous complaint, but I'm being told otherwise here. I spoke with Cris about it, and she confirmed that indeed that was already cleared up. Could I ask for some help please." There was no response from Major Rodriguez, but shortly thereafter Officer
Garcia took Mr. Suarez to the back. After providing preliminary information to Officer Garcia, Mr. Suarez began to provide a sworn taped statement. As Mr. Suarez’s statement progressed Officer Garcia became "hostile." Officer Garcia raised his voice, questioned in circles, and attempted to get answers the way he wanted them answered and not the way it happened. Mr. Suarez described Officer Garcia as being sarcastic, taunting, and not professional. Mr. Suarez advised Officer Garcia he felt like there was hostility and asked for a supervisor. Officer Garcia turned the recording device off but continued asking questions. Mr. Suarez sent another text message to Major Rodriguez at 11:32 a.m. stating, "The detective was being hostile, so I asked for a supervisor." Lieutenant Salas-Jacobson responded and took a sworn taped statement was taken from Mr. Suarez.
The statements taken by Internal Affairs related to this complaint were reviewed.
Internal Affairs Sergeant Traci Jn Baptiste took a statement from Mr. Suarez about how he was treated by Officer Garcia. Mr. Suarez related how Detective Garcia told him that Internal Affairs does not take third party complaints, but that he would take the statement and not do anything. Mr. Suarez advised that during his statement with Detective Garcia, the detective kept cutting him off and would not let him complete his statement. Sergeant Jn Baptiste also took a separate statement from Mr. Suarez that was unrelated to this complaint.
Staff reviewed the statement that Officer Garcia took from Mr. Suarez. The beginning of the statement started out with no conflict, but as it progressed Officer Garcia requested that Mr. Suarez stick to what he observed and asked if he was attesting to a third party. Mr. Suarez advised that he intended to tell Detective Garcia everything so he would know who the witnesses were. The end of the statement ended after Detective Garcia began rapidly firing off questions to Mr. Suarez without giving him the opportunity to answer, at which point Mr. Suarez advised Detective Garcia that he was being hostile and asked for supervisor. The recording was then stopped.
Department Orders Considered:
DO 2, Chapter 2, Internal Investigations:
2.1 POLICY: It is the policy of the Miami Police Department to investigate all complaints, to include anonymous complaints, of employee misconduct arising from the public or from within the Department.
2.4.1.1 Complaints shall be accepted from any source, whether made in person, by mail or over the telephone, provided the complaint contains sufficient factual information to warrant an investigation. Individuals are encouraged to submit their complaints in person in order to obtain as complete a report as possible after the incident. In cases in which the complainant cannot file the report in person, departmental personnel may visit the individual at his or her home, place of business or hospital in order to complete the report.
DO 2, Chapter 3, Code of Ethics:
3.3 RESPONSIBILITIES: A police officer acts as an official representative of
government who is required and trusted to work within the law. The officer’s powers and duties are conferred by statute. The fundamental duties of a police officer include serving the community; safeguarding lives and property; protecting the innocent; keeping the peace; and ensuring the rights of all to liberty, equality and justice.
3.4.1 Performance of the Duties of an Employee: Employees shall perform all duties impartially, without favor or affection or ill will and without regard to status, sex, race, religion, political belief or aspiration. All citizen will be treated equally with courtesy, consideration and dignity.
Employees will never allow personal feelings, animosities or friendship to influence official conduct. Laws will be enforced appropriately and courteously and, in carrying out their responsibilities, employee will thrive to obtain maximum cooperation from the public. Employees will conduct themselves in appearance and deportment in such a manner as to inspire confidence and respect for the position of public trust they hold.
Staff Recommendation:
Effective investigative and communication skills requires more than the verbal exchange of messages. It requires the proper attitude, self-control, courtesy, and good listening and speaking skills. Staff finds that Officer Garcia, while conducting the initial intake interview from Mr. Suarez, lacked effective interview and communication skills, thus creating conflict with the person he was interviewing. We recommend that the allegation of Discourtesy be closed as Sustained.
DO 2, Chapter 2, Internal Investigations, clearly states, “Complaints should be accepted from any source, whether made in person, by mail, or over the telephone, provided the complaint contains sufficient factual information to warrant an investigation.” Mr. Suarez had firsthand knowledge of the incident he was reporting, as well as witness names, dates and times. Staff therefore recommends that the allegation of Improper Procedure be closed as Sustained.
Lastly, Staff recommends review/training on MPD Departmental Order 2, Chapter 2 on Internal Investigations, and on the Officers Bill of Rights with all investigators and supervisors who investigate complaints.
Officer Garcia was hired on 08/05/1997 and he has had 2 citizen complaints and 6 use of force incidents.
Complaint Committee Recommendation:
The Complaint Committee voted to accept Staff’s recommendation.
Investigative Notes
09/26/2017 The Internal Affairs (“IA”) investigative report was obtained.
09/27/2017
Executive Director conducted a preliminary review of the case. Case assigned to Investigator Albert for investigation.
A 10-day letter accompanied by the IA Report was forwarded to the
An initial notification letter was emailed to the Principal Officer.
Request was made to IA for a copy of the statement referenced in the RF
09/27/2017 121 and any other documents in their file.
09/28/2017 IA advised that they would notify staff when the statement was available for pickup.
10/11/2017 Attempted to contact Mr. Suarez about his complaint. A message was left at the telephone number listed in the RF 121 Complaint Form.
10/12/2017 Telephone contact was made with Mr. Suarez. Staff will re-contact him next week to schedule an appointment to take a statement.
10/23/2017 IA file was obtained.
11/06/2017 An email was sent to IA re-requesting the statement Detective Garcia took from Mr. Suarez.
11/14/2017 Mr. Suarez's statement to Detective Garcia was received from IA. CALEA Standard 52, Internal Affairs was reviewed.
Mr. Suarez responded to the CIP office and provided a taped statement. The statement that Lieutenant Salas-Jacobson took from Mr. Suarez was
11/28/2017 Face to face contact was made with Lieutenant Salas-Jacobson at IA who advised she did not take a sworn recorded statement from Mr. Suarez about any recent complaints.
12/04/2017 Case submitted for closure with Investigator's recommendation.
11/21/2017 requested from IA.