A Miami-Dade police officer was charged this week for forcefully arresting a woman, and then allegedly making false statements about what happened, in an incident that sparked outrage after video of the incident went viral. Police bodycam footage and a cell phone video recorded by the woman’s friend showed the officer, Alejandro Giraldo, pushing Dyma Loving against a fence before grabbing her by the neck and pulling her to the ground. Giraldo had been responding to a 911 call made by Loving’s friend, Adrianna Green, to report that a neighbor had threatened them with a shotgun. An internal police investigation later found there was no basis for arresting Loving. Giraldo was arrested on Thursday and charged with official misconduct, a felony, for allegedly making false statements in official reports. He was also charged with battery. “After taking the sworn statements...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 statement. On the morning of March 5, Green called 911 to say that her neighbor had been hurling racist insults at her, and that he had pulled out a shotgun and threatened to shoot her. Four officers reported to the scene and interviewed Green and Loving about the incident before going to the neighbor’s home to interview him about the allegations. They told Loving and Green “not to go anywhere,” the warrant said. It was at this point that Giraldo and a sixth officer, Juan Calderon, arrived at the scene and arrested Green. Giraldo said he made the arrest because Loving “would not obey commands,” was “uncooperative,” and was “screaming at us, causing a scene in a residential neighborhood,” according to the police report. None of these statements, however, could be backed by evidence, officials said. In sworn statements, each of the officers said that Loving did not in fact speak aggressively or act in a way that could have been perceived as a threat to the officers’ safety, the police report said. Loving’s attorney, Justin Moore, said that Loving had “expressed relief” over Giraldo’s arrest, and applauded prosecutors for moving forward with the case. But he said that other officers should also face charges for their role in the incident. “The fact is that the other officers involved in Dyma’s arrest assisted Officer Giraldo and drafted police reports detailing the incident,” Moore said. “It is more than reasonable that they meet the same scrutiny that Officer Giraldo has received.” Miami-Dade Police Department Director Juan Perez called Giraldo’s arrest disappointing and said it “overshadows the hard work of the dedicated men and women of law enforcement, who strive daily to serve and protect our community,” according to a statement. “This particular case underscores our commitment to cooperate and work together with the Miami-Dade State Attorney’s Office in our continued effort to hold ourselves accountable,” the statement said. Andre Rouviere, Giraldo’s defense attorney, expressed concerns regarding the nature in which the case was brought about in a statement provided to ABC News. "Of the 35 body worn cameras and videos that were available, the media was shown only a small handful in which to present to the public," he said, claiming that the State Attorney's Office succumbed to "the pressure of a signature gathering campaign pushing for the filing of charges against Officer Giraldo." "As a result of the pressure and rush to judgement, Officer Giraldo has already been convicted by the state attorney's office, his own Police Department, the media and the public," Rouviere said. "One would hope by the time the matter goes to court, Officer Giraldo will, as any accused, be cloaked in a presumption of innocence." Giraldo has since been released from jail, according to ABC Miami affiliate WPLG.<doc-sep>MIAMI (CBSMiami) – A Miami-Dade police officer accused of physically assaulting a woman when taking her into custody bonded out of jail Friday afternoon. Earlier in the day, the Miami-Dade State Attorney’s Office announced that officer Alejandro Giraldo was charged with one count of Official Misconduct, a third-degree felony, and one count of Battery, a second-degree misdemeanor. Giraldo’s bond was set at $5,500. After posting bond officer Giraldo had no comment, as he walked out of jail. The suspended Miami-Dade police officer jumped into a waiting car and sped away. Dyma Loving’s attorney expressed relief officer Giraldo had been charged but said the battery should have amounted to a felony. “We were not surprised charges were levied against Officer Alejandro Giraldo but we did suspect that the battery charge would’ve been that of a felony,” Attorney Justin Moore said. On March 5th, Loving, called 911 after she said she and a friend, Adrianna Green, were threatened by Frank Tumm, who pointed a gun at them and allegedly said he would “shoot [her] burnt black-ass face off [her] neck,” as they walked by his home in the 1300 block of SW 201st Street. After calling the police to report this incident, a group of Miami-Dade police officers, including Giraldo, arrived at the scene. Loving claims that instead of receiving protection from the police, she was instead assaulted by Giraldo. The entire incident was caught on cellphone video and Giraldo’s body cam. On the body cam video, Loving is repeatedly told by Miami-Dade police officers to calm down. “You need to chill out,” says one officer. “You need to chill out because now you can be arrested. You are being disorderly right now and you can be arrested. I am going to give you one more chance.” Loving says she is “calm” and says “I just want to go to talk to my kids.” “You’re screaming and you are acting disorderly. You will be arrested, okay, calm down,” said an officer. “Why am I going to be arrested when I was just threatened,” she asked. “I need to talk to my daughter on the phone.” On the videos, you hear Loving repeatedly saying, “Don’t touch me. Don’t touch me. Don’t touch me.” When Giraldo tried to handcuff her and she resisted. He then put both arms around her head and dragged her to the ground. She was then taken into custody and charged with resisting arrest and disorderly conduct. Those charges were eventually dropped. Loving is filing a civil lawsuit against the Miami-Dade police department and the officers involved. The Miami-Dade Police Department issued the following statement after Giraldo’s arrest. “An arrest of one of our own is disappointing, and overshadows the hard work of the dedicated men and women of law enforcement, who strive daily to serve and protect our community. This particular case underscores our commitment to cooperate and work together with the Miami-Dade State Attorney’s Office in our continued effort to hold ourselves accountable.” Juan J. Perez, Director Miami-Dade Police Department Loving’s attorney told CBS 4 News, he doesn’t want the officer employed with the department anymore following the arrest. “We are going to request that the Miami-Dade County Police Department fire Officer Alejandro Giraldo immediately. He is still employed by that department,” Moore said. He also wants the other reports written by the officers in this cell phone video to see how they described what happened. “If those reports don’t hold up to the standard of truthfulness and varsity, we demand that those officers face the same charge that Officer Alejandro Giraldo is facing,” the lawyer said. Shaunna Thomas, co-founder and executive direct of UltraViolet, a leading national women’s organization, issued the following statement: “Today’s decision by the State’s Attorney to press charges against Officer Giraldo for attacking Dyma Loving was the right decision and an important step to make sure that police violence against Black women is not swept under the rug. “When Dyma Loving called the police, she needed protection – but what she got was violence and abuse. That’s unacceptable, but unfortunately, this type of violence against Black women happens all too often, and can be deadly, as in the cases of Rekia Boyd and Sandra Bland. “It is clear that Officer Alejandro Giraldo is a danger to the public and cannot be trusted to serve or protect. The Miami-Dade Police Department should fire Officer Giraldo immediately.”<doc-sep>Police Officer Alejandro Giraldo, responsible for brutally assaulting Dyma Loving on March 5 in Miami Dade County, has been officially charged with first-degree misdemeanor battery and third-degree felony official misconduct, according to a statement from her lawyer. The disgraced cop turned himself in to authorities this morning. For weeks, activists in the Miami area have been putting pressure on State Attorney Katherine Fernandez Rundle to charge Giraldo in the case. A Color of Change petition demanded the state lock the officer up, while another petition from UltraViolet called for the Miami Dade Police Department to fire Giraldo as soon as possible. “The Miami-Dade Police Department’s treatment of Dyma Loving was inexcusable and racist, and yet has gone entirely unpunished,” read a statement from Color of Change Criminal Justice Campaign Director, Clarise McCants. “Her violent March 5th arrest, after calling the police for protection, is a powerful example of the all too common, yet oft-overlooked phenomenon of police brutality against Black women.” Loading the player... Loving, a 26-year-old Miami area resident called 911 after her neighbor, Frank Tumm, verbally assaulted and pulled a gun out on her. “He pulled the gun out on me and told me that he would blow my burned Black ass face off my f–king neck, Loving told ESSENCE exclusively after the incident. When she turned to law enforcement for help, responding officer Giraldo, further victimized the young mom of two by physically assaulting her. The altercation was caught on video. 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 In a statement following the formal charges against Giraldo, Loving’s attorney Justin Moore said, “We want to applaud the State Attorney’s Office for seeking formal charges for Officer Alejandro Giraldo, the lead perpetrator of the crimes committed against Dyma Loving. It is well known that police officers rarely face criminal liability for criminal behavior in this country. 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.”<doc-sep>
A Miami-Dade police officer faces a battery charge after video showed him throwing a black woman to the ground during an arrest after she called 911 to report a man threatening her and a friend with a gun. Officer Alejandro Giraldo was charged Friday with one count of felony official misconduct and one count of misdemeanor battery stemming from the violent March 5 confrontation. In cellphone footage posted on social media, Giraldo is seen grabbing Dyma Loving, 26, by the arm and appearing to push her against a fence before throwing her on the ground. Loving — who had called police to report the man brandishing a shotgun during an argument with her and her friend, Adrianna Green — was then placed in handcuffs. Dyma Loving called 911 to report that she and a friend had been threatened by a man with a gun. Courtesy of Dyma Loving "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. Giraldo was arrested Friday morning and held on a $5,500 bond. A spokesman for the Miami-Dade Police Department told NBC News that a decision would be made regarding Giraldo's employment status. Following the March incident, he had been placed on administrative duty. “An arrest of one of our own is disappointing, and overshadows the hard work of the dedicated men and women of law enforcement, who strive daily to serve and protect our community," police director Juan J. Perez said in a statement. "This particular case underscores our commitment to cooperate and work together with the Miami-Dade State Attorney’s Office in our continued effort to hold ourselves accountable.” Loving's attorney, Justin Moore, told NBC News on Friday that they "applaud the decision" to charge Giraldo, but believe his battery charge should also be a felony. "It's a step in the right direction," Moore said. Loving also filed a lawsuit in April against Giraldo and the police department, Moore said. During the March arrest, Loving repeatedly told officers not to touch her and said she was "stressed" after the man later identified as Frank Tumm reportedly pulled a gun on her. "I wanted to call my kid," Loving said in the video as officers tried to arrest her. "I just said I wanted to call my kid. My phone is dead. What do you not understand? I had a gun pointed in front of me and my kid is sick. I'm stressed out. I need to go call my children. I don't understand." Police wrote in an incident report that Loving was "acting belligerent" and refused to obey officers' commands. Loving was charged with resisting arrest, but it was later dropped in March. Giraldo is expected to be arraigned May 24.