A Homestead man reportedly told deputies who made him get out of the water in a no-swim zone Sunday of a Key Largo resort’s marina that they’d end up on the news for hassling him.
He was kind of right. But, he, too, made the news after fighting with deputies, kicking the door of a patrol car and spitting in one cop’s mouth, according to a Monroe County Sheriff’s Office arrest report.
Yanser Robaina, 40, denies the accusations. He was released from jail Monday, where he was held since Sunday on counts of felony battery, felony criminal mischief and felony and misdemeanor resisting arrest.
Sheriff’s deputies were called to Gilbert’s Resort at mile marker 107.9 around 3:30 p.m. to respond to reports about people jumping from the marina’s docks. Deputy Ignacio Molina stated in his report that when he arrived, he told some children to stop jumping in the water because it is a clearly marked no-swimming area because of boat traffic.
Gilbert’s is a hotel, bar and restaurant with a beach and marina. It is a popular spot for weekenders and day trippers from the mainland.
Meanwhile, Robaina and another man were in the water and ignored deputies’ orders to get out. Robaina told Molina to “go [expletive] yourself,” according to the arrest report. When he finally got out of the water, he continued to mouth off to deputies, and told them, “I am going to sue you guys, and you going to end up on the news,” Molina wrote in his report.
Robaina said he did tell Molina to “[expletive] himself,” because the deputy was pointing his stun gun at him while he was swimming, which he said would have electrocuted him if it were deployed. He said he was in the water looking for his prescription glasses, which fell off while he was swimming.
“I said, ‘If you’re going to Tase me, you’re going to kill me,’ ” Robaina said in an interview Tuesday.
Deputies then cuffed him “for our safety and the safety of other customers on the beach,” Molina stated. When he was in the back seat, Molina said Robaina continued to be “verbally abusive,” and told them to Google him. (He is a real estate agent in Miami-Dade County.)
Robaina began kicking the inside door to the point where it no longer closed properly, according to the report.
Robaina said he first tapped the door with his legs because he was beginning to have a panic attack from being restrained in the car, which he said was hot inside and the air conditioning was not getting through the partition between the front and back seats.
“I’m a big guy,” said Robaina, who is listed as 6-foot, 2-inches tall and 250 pounds on the arrest report.
He said he did not begin kicking the doors harder until deputies began trying to place leg restraints on him.
Molina stated in his report that he got behind Robaina, and Robaina head-butted him and spit in his mouth. Molina stated he then used his Taser stun gun on Robaina, after which he briefly stopped fighting the deputies.
Robaina said he does not remember spitting on Molina, but he may have vomited after being shocked with the Taser.
“I don’t remember if I spit or I threw up because I was being Tased,” he said.
He denies head-butting the deputy.
“That is not accurate,” Robaina said.
When another deputy grabbed Robaina’s legs, he began to kick again. Molina shot a Taser dart into his abdomen, which caused him to stop fighting, the deputy stated in his report.
The Miami Herald/FLKeysnews.com requested footage from Molina’s body camera and from the camera inside the patrol car, but the request was denied “due to the case being active,” Bibiana Valdes, a Monroe County Central records assistant, said Tuesday.
Robaina was with two other men that day. One was questioned and released. The other, Freddy Ruiz, 43, from Kendall Lakes, was escorted by Gilbert’s security guards to the deputies. As he was walking, he tossed a small plastic bag on the ground. In it, cops found two smaller baggies that contained cocaine and one marijuana cigarette, according to the arrest report.
Both men left jail Monday on pretrial release, meaning they did not have to post bond, but must check in with the court by phone until their next court appearance.