North Miami - NMB

Police shooting victim files lawsuit against North Miami officer

Cellphone video shows caretaker lying in the street before being shot by police

Video shows the scene before and after caretaker Charles Kinsey is shot. He is seen lying in the street with a 26-year-old man with autism before being hit by a bullet from an assault rifle fired by a North Miami police officer.
Up Next
Video shows the scene before and after caretaker Charles Kinsey is shot. He is seen lying in the street with a 26-year-old man with autism before being hit by a bullet from an assault rifle fired by a North Miami police officer.

Two weeks after a controversial shooting, Charles Kinsey has filed a federal lawsuit against North Miami police Officer Jonathan Aledda.

In the lawsuit, Kinsey argues that Aledda and other officers wrongfully arrested him and used excessive force — saying that Aledda did not help stop the bleeding after the shooting, even after officers recognized there was no weapon at the scene. They are demanding a jury trial, unstated monetary damages and any other fees due to the physical, emotional and mental pain the incident caused.

North Miami leaders name the police officer involved in the Charles Kinsey shooting during a news conference on Friday, July 22, 2016. Jonathan Aledda has been placed on administrative leave, and another officer accused of giving misleading inform

“By failing to render aid, Officer Aledda allowed Mr. Kinsey to unnecessarily bleed out on the ground for a significant period of time, which further exasperated Mr. Kinsey’s recovery time for his injuries,” reads the complaint, which was filed by Kinsey’s Coral Gables attorney, Hilton Napoleon.

Kinsey’s lawsuit walks through the sequence of events that ended with Kinsey, a behavioral technician at the nearby group home, shot in the leg, handcuffed and bleeding in the middle of the street. It alleges that when North Miami officers arrived at Northeast 127th Street and 14th Avenue, they immediately grabbed assault rifles from their cars and approached in a “military-style formation.”

The lawsuit describes events captured in a cellphone video provided to Napoleon by an unnamed witness, which thrust the story into the national spotlight. Kinsey said he was ordered to the ground and complied with all of the officers’ instructions and said he tried to explain the situation and that his autistic patient, Arnaldo Eliud Rios, had a toy truck not a weapon.

“All officers, including Officer Aledda, were close enough in proximity to hear Mr. Kinsey’s statements, and one officer even announced over the police radio, ‘It’s a toy truck, he’s saying it’s a toy truck,’” the complaint reads.

That has also been supported through a 911 call, from that June 18 afternoon, in which a woman describes Kinsey and Rios, indicates that Rios might be mentally ill and later states that the object she saw might not be a gun. Miami-Dade Police Benevolent Association president John Rivera stated at a press conference that Aledda was aiming at Rios, not Kinsey, because the 911 call indicated that he had a weapon.

The police union and Aledda’s attorney did not respond to calls for comment.

Rios has remained in the psychiatric ward of Aventura Hospital and was traumatized by the event according to his mother, Gladys Soto.

Rios and Kinsey reunited at the hospital last week and embraced each other for the first time since the shooting. Aledda was placed on paid administrative leave, which is standard procedure in any shooting.

Charles Kinsey, the behavioral therapist who was shot by a North Miami police officer while trying to protect his client Arnaldo Rios, speaks with the media outside Aventura Hospital after meeting with Rios on July 28, 2016.

Lance Dixon: 305-376-3708, @LDixon_3

Related stories from Miami Herald

  Comments