The Miami-Dade police officer suspended last week for his actions during the arrest of a woman who claimed a man pointed a shotgun at her threatened to involuntarily commit the woman to a hospital, told her he didn’t like the tone of her voice and threatened her with arrest if she didn’t calm down.
But newly released video by the police department shows that Dyma Loving, 26, never threatened the officer, spoke clearly and became agitated only after repeated questioning and threats from Officer Alejandro Giraldo.
At one point in the video, Loving asks why she’s being questioned. Then, just before she’s taken into custody, Loving says “I need to call my kids. I don’t understand.”
Giraldo then takes out his handcuffs and three officers push Loving into a chain-link fence before she’s pulled to the ground, handcuffed and taken into custody. Loving was charged with disorderly conduct and resisting arrest without violence.
Giraldo was suspended last week by Miami-Dade Police Director Juan Perez after cellphone video of the encounter taken by a friend of Loving began circulating on social media.
Loving and Adrianna Green, 22, said they called police on March 5 after a man named Frank Tumm, who lives next door to Green, pointed a shotgun at them. The two told police they were walking past Tumm’s home in the 11300 block of Southwest 201st Street when he called them “hookers.”
After the women responded — one of them admitted to calling him a “f---ot” — they said Tumm retrieved a shotgun and pointed it at them. They said they walked away and called police.
When police arrived, according to Loving’s arrest affidavit, they questioned Tumm, who said he didn’t own a weapon. A witness originally backed up Tumm’s claim, but changed his story a few minutes later, according to police. Still, Tumm was not arrested.
That changed late Thursday night just as police were getting ready to release the body camera footage worn by officers.
Police revisited Frank Tumm’s home late Thursday night and took him into custody without incident. He was charged with aggravated assault with a deadly weapon and booked into the Turner Guilford Knight correctional center. His bond was set at $5,000.
Perez, the police director, said the delay in Tumm’s arrest was due to police continuing to interview witnesses and because police were working on getting a risk-protection order; a new state statute allows law enforcement to petition a court for an order to seize weapons from someone considered a potential threat, and to eliminate access to new ones.
“They were waiting to get more interviews,” the director said. “There were some conflicting statements.”
Reached Friday, Loving said she believed Tumm’s arrest so long after the incident was mainly because of pressure on the department after the initial cellphone video surfaced of her arrest.
“I believe they only arrested him to try and right their wrong,” she said.
Tumm, 50, who remained jailed Friday, has had several encounters with law enforcement over the years, state records show. He was first arrested in 1986 in Ocala for throwing a deadly missile. He paid $200 restitution, according to records from the Florida Department of Law Enforcement.
In 1994 Miami-Dade police charged him with aggravated battery. That case was dropped. And in 1996 he was charged by Miami-Dade police again, this time with aggravated battery with a deadly weapon. Tumm was sentenced to 18 months probation, according to state records.
Friday’s release of the body camera footage worn by Giraldo begins with the officer approaching Loving and Green.
As he questions the women, Loving appears to be stressed, saying she hasn’t been able to contact her two children. At one point Loving tells Giraldo that Tumm “pointed [the shotgun] at my face and told me he was going to shoot me.”
Later, Giraldo tells Loving: “I don’t like the tone of your voice” and “you need to chill out or you’re going to be arrested.”
“I’m calm,” replies Loving.
“You’re screaming again. You are acting disorderly. You’ll be arrested,” says Giraldo.
After Loving asks, “Why do I have to be corrected when my life is in danger?” the officers press Loving into the fence, then put her on the ground and handcuff her. Loving and Green repeatedly ask why Loving is being arrested as the camera blurs while the officer struggles with Loving.
Asked Friday why she believes she was arrested, Loving said she’s still not sure.
“There really was no reason,” she said. “Only because I was yelling a little bit. My life had been threatened.”