Miami Prosecutor Won't Pursue Curfew Arrests; Police Speak Out

MIAMI, FL — Miami's top prosecutor said Tuesday she will not prosecute dozens of protesters who are facing curfew violations stemming from the wave of mostly peaceful protests in the Miami area since the death of George Floyd.

"A number of protesters were arrested solely for violating a county or city curfew," Miami-Dade State Attorney Katherine Fernandez Rundle said. "At this present point, I see no value in prosecuting these individuals and plan to drop all of their cases in the absence of aggravating circumstances."

Miami-Dade Mayor Carlos Gimenez imposed a countywide curfew on May 30 after a peaceful protest turned violent in downtown Miami. A total of 17 police cars were damaged, including a few that were set on fire. A Miami police officer suffered a broken hand when she was pelted with a rock. The curfew was lifted on Monday.

The mayor did not immediately comment on the decision not to pursue curfew-related prosecutions.

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"During the past couple of weeks, people have taken to the streets to advocate for change in mostly peaceful and nonviolent protests," Fernandez Rundle said. "This is their right, and I join them in their calls for reforms consistent with our commitment to smart, equal and fair justice."

Ed Griffith of the state attorney's office told Patch 79 people were charged with curfew violations and no additional offenses between May 30 and June 4. Three of those cases had been dropped as of Tuesday, Griffith said.

The state attorney's announcement came on the same day that George Floyd's funeral was taking place in Houston following 15 days of nationwide protests. The former high school football star died under the weight of a fleshy knee placed on his neck by a Minneapolis police officer who kept it there for 8 minutes and 46 seconds.

The announcement also follows a peaceful protest organized by some members of the Miami-Dade Public Defender's Office on Monday. Some protesters called for Fernandez Rundle to retire.

In an open letter to the community, the Miami-Dade Police Department said it "hears and values the voices in our community that have called for police reforms and accountability.

"As such, we want to update our community on where we stand on various issues and policies that have come to the forefront of this important conversation," Miami-Dade police said.

Here are the agency's positions on various issues that protesters have raised regarding the use of force, according to the agency:

• Ban Chokeholds and Strangleholds: The MDPD does not teach or utilize strangleholds or chokeholds. Each officer is instructed on the usage of the Applied Carotid Triangle Restraint which is a non-lethal application. Every officers’ proficiency in this maneuver is tested and documented bi-annually during the Florida Department of Law Enforcement Recertification training.

• Require De-Escalation: The MDPD already has policy and training on de-escalation, for both Crisis and Conflict situations. Our officers are trained to only use the reasonable amount of force necessary to complete an arrest.

• Require Warning Before Shooting: The MDPD has policy and training in regards to the use of force. The policy states that officers may encounter situations requiring the use of force, both non-lethal and lethal. During these situations, the use of force is necessary to control situations, effect arrests and protect public safety. Control may be achieved through advice, warning, persuasion, or by physical force. The decision to resort to force and the degree of force to be used must be based on the totality of the circumstances confronting the officer at the time, judged from the perspective of what actions would be taken by a reasonable officer on the scene faced with similar facts, or what reasonably appears to be fact, to the officer at the time the action is taken. An officer may use that force which he reasonably believes is necessary to prevent serious physical harm, either to the officer or to others.

• Exhaust All Alternatives Before Shooting: The MDPD recognizes the value of human life and is committed to respecting the dignity of every individual. Accordingly, the sanctity of human life is central to the Department’s mission, policies, training and tactics. The use of deadly force is the most serious action in which a police officer may engage. The authority to carry and use firearms in the course of public service is an enormous responsibility. Respect for human life requires that, in all cases, deadly force be used only as a last resort. Above all, the safety of the public and officers must be the overriding concern whenever the use of deadly force is considered.

• Duty to Intervene: The MDPD has policy on an officer’s duty to intervene. This policy is specific to seeing another officer using force that is clearly beyond that which [is] objectively reasonable. In addition, each trainee that goes through the Basic Law Enforcement Program receives training and the Department’s expectation of intervention if and when excessive force is being used. This instruction includes scenario-based training and application where the trainee is subjected to situations where they witness an excessive use of force and/or conduct unbecoming an officer. They are mandated to take action and stop these acts from taking place.

• Ban Shooting at Moving Vehicles: The MDPD has a policy on shooting at moving vehicles. The policy states that police officers are prohibited from discharging their firearms at a moving vehicle unless a person in the vehicle is imminently threatening the officer or another person with deadly force by a means other than the vehicle itself. The only exception is an apparent act of terrorism where the vehicle is being used as a weapon.

• Require Use of Force Continuum: A use of force continuum is a standard that provides law enforcement officers and civilians with guidelines as to how much force may be used against a resisting subject in a given situation. However, the continuum models are not based in law and in fact may be in conflict to what would be considered “objectively reasonable” by the legal standards of today. There is no possible way that any continuum model can provide for an entire set of circumstances in each very unique situation. As a result, the Miami-Dade Police Department has developed a policy by taking the standards set by State and Federal law and further restricting them to insure an officer only uses the force deemed reasonable to complete an arrest.

• Require Comprehensive Reporting: The MDPD has [a] policy on the reporting of use of force incidents. The policy states that the incident will be documented each time an officer acts in an official capacity on or off duty, regardless of whether an arrest is made. The reports are reviewed by the officer’s chain of command and subject to Internal Affairs Investigation if force is deemed unnecessary.

• Additional Information: The MDPD sets the standard for many departments around the world. Our policies and training have been incredibly successful, and it is displayed by the very low percentage of instances that an officer has to use force to resolve a situation. The MDPD handled 642,151 calls for service in 2019, and our officers only used force 288 times. (.04 percent.) We take a great deal of pride in recognizing that our Department reflects and serves one of the most diverse communities in the United States, and make every effort to serve all persons in a dignified and courteous manner, and exhibit understanding of ethnic and cultural diversity, both in our professional and personal endeavors. While we have come a long way through the years, we realize that there is more work to be done and we are committed to working in partnership with our community to be the model law enforcement organization in the nation by being responsive and blending strategic planning with community concerns.