Justice Department finds Miami Police used excessive force in shootings

 
 

The Miami Police Department used excessive force when it shot at people 33 times between 2008 and 2011, the U.S. Justice Department reported Tuesday after a lengthy investigation of police practices, including the fatal shootings of seven black men in the inner city.
The Miami Police Department used excessive force when it shot at people 33 times between 2008 and 2011, the U.S. Justice Department reported Tuesday after a lengthy investigation of police practices, including the fatal shootings of seven black men in the inner city.

Miami Police Department Timeline

• 2002-2006: Justice Department investigates department for excessive use of force, concludes “serious deficiencies’’ existed but “dramatic improvements’’ made, resulting in nearly two years without any officer firing a weapon.

• November 2009: Mayor Tomas Regalado elected, Chief John Timoney retires. Veteran city cop Miguel Exposito sworn in with the backing of the police union.

•  July 5, 2010: DeCarlos Moore, unarmed motorist, shot and killed by officer during traffic stop in Overtown.

•  Aug. 11, 2010: Joel Johnson fatally shot by police after armed robbery sting.

•  Aug. 14, 2010: Gibson Belizaire fatally shot by police during gun battle

• Aug. 20, 2010: Tarnorris Gaye shot and killed by police after allegedly pointing a shotgun at officers.

• Dec. 16, 2010: Brandon Foster fatally shot by police after allegedly wielding a weapon near Allapattah Middle School.

• Jan. 1, 2011: Lynn Weatherspoon shot and killed by police after allegedly wielding a weapon in the streets as he fled SWAT team in Overtown.

•  Feb. 10, 2011: Travis McNeal fatally shot by police during a traffic stop leaving a Little Haiti strip club; he was unarmed.

• March 2011: Retired FBI Special Agent in Charge Paul Philip, hired by city to review the police department’s policies, issues slim report with few real conclusions or recommendations.

• August 2011: Mayor Reglado, joining U.S. Rep. Frederica Wilson, calls on Justice Department to investigate the shootings.

•  September 2011: Miami City Commission fires Exposito after City Manager Johnny Martinez says he disobeyed orders. City names new chief: Manuel Orosa.

•  November 2011: Justice begins investigation of policies and practices of police department in light of shootings.

•  December 2011: Chief Orosa says he is scaling back tactical units in favor of more patrol officers.

• Summer 2012: Orosa submits to Justice list of proposed reforms to change department culture.

• Tuesday: Justice releases findings, says Miami Police Department engaged in a pattern of excessive force in officer-involved shootings between 2008 and 2011.

— By David Ovalle


jweaver@MiamiHerald.com

For the first time, a federal judge will monitor the Miami Police Department to enforce sweeping institutional changes involving use of force, after the U.S. Justice Department Tuesday found that several police-involved shootings were unjustified during a four-year period.

The Justice Department took the unprecedented step after reviewing 33 police shootings of individuals — including seven black men killed in the inner city — as part of a lengthy civil rights investigation of Miami police practices from 2008 through 2011.

Federal officials agreed with the police department’s own findings that three of the 33 shootings were “unjustified,” but concluded that an unspecified number of others involved excessive force, too, and “may have resulted from tactical and training deficiencies,” said the letter of findings, signed by Assistant Attorney General Thomas E. Perez.

Miami U.S. Attorney Wifredo Ferrer said the Justice findings serve a “dual goal of shining a light on past wrongs and — more importantly — setting a clear course for the future that will assure the residents of the city of Miami that this type of behavior will not be repeated in our city.’’

Former Miami Police Chief Miguel Exposito, who was in charge during much of the timeframe in question, bristled at the findings, saying they failed to reflect the realities of policing high-crime areas of the inner-city.

“Whoever did this probe has very little understanding of what police officers do on a daily basis,” he said, defending the decisions he made to aggressively target crime hot-spots with plainclothes detectives — some of whom shot people.

But U.S. Rep. Frederica Wilson hailed the report as an embarrassing wake-up call that city leaders need to take seriously.

“They described a very dysfunctional police department, a police department that is ingrained in excessive and deadly force,” said Wilson, who had called for federal authorities to delve into Miami police practices. “I’m ashamed of what we have been dealing with.”

Justice, which launched the investigation in November 2011, found that the 1,100-officer department engaged in an unconstitutional “pattern or practice’’ of excessive use of force. Justice also found that a number of practices, including improper actions by specialized units and “egregious’’ delays and major deficiencies in deadly-force investigations, contributed to the problem.

No officers were identified in the report. Justice officials indicated that certain officers implicated in the unjustified shootings are being investigated by federal or state authorities for potential criminal wrongdoing. However, officers in five of the seven fatal-shooting cases have been cleared by the Miami-Dade State Attorney’s Office.

Now, federal authorities will review the civil rights violations with top police officials to draw up a list of reforms that will be overseen by a federal judge in Miami. The judicial review, which could last more than two years, is akin to a court-enforced decree.

When the Justice Department opened a similar civil rights investigation into Miami police shootings more than a decade ago, federal officials did not find a “pattern or practice’’ of excessive force, but uncovered “serious deficiencies” in the police department’s investigations. Federal officials later found that the department had made “dramatic improvements” — including a 20-month period between 2002 and 2004 when no police officer discharged his firearm.

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