Police Officer Who Violently Assaulted Dyma Loving Arrested On Misconduct And Battery Charges
"... we believe that there is sufficient evidence to charge a violation of Florida’s criminal statutes," the Miami-Dade State Attorney's Office said.
March 14, 2019 at 11:12 pm
Update (May 4, 2019): The Miami-Dade Police officer caught on video roughing up a Black woman has been arrested on misconduct and battery charges.
NBC News reports officer Alejandro Giraldo was arrested Friday due to his violent arrest of Dyma Loving on March 5. Giraldo was charged with one count of felony official misconduct and one count of misdemeanor battery. He was held on a $5,500 bond and his employment status is unclear at this time.
"After taking the sworn statements of Ms. Dyma Loving, Ms. Adrianna Green, all the other available witnesses and reviewing all the known video evidence, we believe that there is sufficient evidence to charge a violation of Florida’s criminal statutes," the Miami-Dade State Attorney's Office said in a press release Friday.
Loving, the 26-year-old victim, called police after a confrontation with a neighbor who reportedly hurled racist slurs and threatened her and a friend, Adrianna Green, with a shotgun. The 50-year-old neighbor, Frank Tumm, reportedly told Loving he would shoot her "burnt Black a** face," as he pointed the gun at her.
On March 5, the officer responded to the call and treated Loving and Green as the aggressors. Video from that day showed Giraldo was unprovoked during the encounter. He did not arrest Tumm. The Miami New Times reports the shotgun-toting neighbor wasn't arrested until 10 days later.
Loving's attorney, Justin Moore, is calling for the other officers involved to face similar repercussions.
"And although Dyma has expressed relief that Officer Giraldo has been charged for his abhorrent behavior on March 5, 2019, she does believes that the battery she experienced that day should have amounted to a felony and that other officers present, including but not limited to Officer J.F. Calderon, should be facing similar charges," he said in a statement. "Furthermore, the fact is that the other officers involved in Dyma's arrest assisted Officer Giraldo and drafted police reports detailing the incident; it is more than reasonable that they meet the same scrutiny that Officer Giraldo has received."
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Original: A Miami-Dade police officer was suspended from the force after a video emerged showing officers roughing up a woman who called the police on her neighbor.
The Miami Herald reports Dyma Loving and her friend Adrianna Green were walking out of Loving’s home on the morning of March 5 when they passed Frank Tumm’s house. Tumm, who is white, allegedly called the two women “whores” as they reached his residence. The women said they initially ignored him, but when he persisted, an argument ensued.
Loving told The Miami New Times that as the dispute grew heated, Green threw a potted plant at Tumm. She said Tumm responded by pulling out a shotgun and threatening to "shoot my burnt black-a*s face off my neck."
The women ran and called 911 once they were at a safe distance.
A group of officers, including Officer Alejandro Giraldo, arrived, but the women didn’t receive any relief.
“He started interrogating us like we were the suspects," Loving said. "I asked if he could escort us back to my friend's house so I could put my phone on a charger and call my children. I had just had my life threatened and was terrified.”
Loving was understandably shaken, but Giraldo wasn’t sympathetic.
"He was so rude and aggressive from the get-go," Loving added. "He kept telling me I needed to calm down, but I was so scared at that moment."
In a now-viral video shot by Green, Loving tries to explain her situation as the officers refuse to listen.
A black woman Called Miami-Dade Police For Help After A Man Brandished A Weapon and threaten her life. Yet, She Was Arrested for being distraught pic.twitter.com/xQ2vvDZZsW
— Brother Tyrone X (@tyrone345345) March 13, 2019
As Loving tells the officers about her need to check on her sick daughter, Giraldo can be seen aggressively grabbing her before putting her in a headlock and forcing her to the ground.
“Why you doing that?” Green yells. She asks for the officer’s name, but he dismisses the question.
“We’re busy right now,” Giraldo tells her. The other officers in the clip are rookies who were supposedly being trained by Giraldo.
The officers filed a report claiming Loving was "acting belligerent and would not obey commands,” according to Local 10. She was also described in the document as "upset, very irate and uncooperative."
Loving was arrested and charged with disorderly conduct and resisting an officer without violence, both misdemeanors.
"I expected them to come, get our statement, you know, go get his statement, get his gun, arrest him for threatening us, you know, and, I don't know, it completely went the opposite way," Loving said.
Tumm, who claims he never brandished a weapon, was never apprehended or charged with a crime. He also refused to leave his property as he spoke to police officers.
Miami-Dade Police Director Juan Perez confirmed Giraldo’s suspension on Wednesday. He also condemned the officers’ behavior.
— Miami-Dade Police (@MiamiDadePD) March 14, 2019
“I find the actions depicted on the video deeply troubling and in no way reflective of our core values of integrity, respect, service and fairness," Perez wrote. “I will hold those that violated any of our policies and/or procedures accountable for their actions or lack thereof."
Loving doesn’t believe a suspension is enough.
"I think he needs to be permanently relieved of duty," she says. "That's no way for an officer to treat anyone. I was asking for help."
Loving said she now experiences backaches and is nursing a swollen arm.
"Every time I see a police car now, my heart races. I feel like I can't breathe," Loving said. "How am I supposed to call the police for help when they do something like that to me?"
The incident is currently under investigation.
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