'I don’t trust police, none of them.' Miami Cop Gets 364 Days in Jail for Assaulting and Falsely Arresting a Black Woman who Called 911 after a Criminal Stuck a Gun in Her Face, Made Felony Threat
SHE NEEDS TO BE CORRECTED. All Authority, the right to rule over people, is abuse. From [PINAC] In the three years after she was tackled by a Miami-Dade police officer and wrongfully arrested, Dyma Loving says the presence of anyone with a badge has left her shaken. Being around relatives who are cops is awkward, Loving told a judge this week. Her kids have freaked out when they see a patrol car.
When police officers walked into her job at Panera Bread for lunch, she believed they were there to try and intimidate her.
“I just don’t trust police officers at all,” Loving said. “None of them.”
The power-tripping Florida cop who arrested a woman on false charges after she called police for help when a man threatened her with a shotgun was sentenced to 364 days, followed by 18 months of probation.He’ll surrender on July 11 to begin serving his sentence.
Police officer Alejandro Giraldo assaulted and arrested Dyma Loving after telling her did not like her attitude in March 2019. Loving ended up jailed on charges of disorderly conduct and resisting arrest while the man who threatened to kill her was not arrested.
It was only because the incident was captured on video that charges against her were dropped and Giraldo was terminated, ending a 14-year career with the Miami-Dade Police Department.
The video shows Giraldo accusing her of having an “attitude” after she insisted they arrest Frank Tumm, the neighbor who threatened her lied and pointed a shotgun at her face and at a friend during a verbal dispute that had gone on for days.
Public outrage over the video also led to the arrest of Tumm on two counts of felony aggravated assault with a deadly weapon, but the Miami-Dade State Attorney’s Office never formally filed the charges, so his case quietly disappeared months later.
On Thursday, Giraldo told the judge he was simply having a bad day and “it is not who I truly am,” according to Local 10.
But the video show several other Miami-Dade cops going along with the false arrest, indicating it was business as usual.
Giraldo, in fact, was training one of the officers, revealing a national trend of cops convicted of crimes while training rookies, including Minneapolis police officer Derek Chauvin and Brooklyn Center (Minnesota) police officer Kim Potter.
The sentence imposed by Judge Ellen Sue Venzer came as a surprise considering prosecutors were only seeking 60 days in jail. Giraldo will also serve 18 months probation following his release from jail.
Giraldo who is a pastor at his church tried to paint himself as a holy man during his sentencing.
“I have dedicated my life to be a spiritual person. March 5th, I had a bad day. I ask that you do not define me based on the 6-minute video. I ask that you take mercy on me.”
But Judge Venzer was not buying it.
“You lied on an arrest affidavit,” she said, according to the Miami Herald. “It wasn’t like you gained anything from it. Ms. Loving, she paid for your lies. She spent days in jail waiting for her family to come bail her out.”
A lawsuit filed by Loving against the Miami-Dade Police Department remains pending.
According to the suit:
On March 5, 2019, at approximately 10:18 AM, OFFICERS GIRALDO and CALDERON were dispatched as back up, in emergency mode, to an assault with a firearm reported by Ms. Dyma Loving and Ms. Adriana Green. At the location, and while investigating the assault, they were speaking with Ms. Loving and Ms. Green, the two victims of an aggravated assault with a deadly weapon that both officers were dispatched for. However, Ms. Loving was subsequently arrested for disorderly conduct and resisting officer without violence to his person, despite being under extreme emotional distress and simply requesting to make contact with her children.
The body camera and cell phone videos show that after Officers Giraldo and Calderon arrive at the scene, they immediately begin to aggressively interrogate Ms. Loving and Ms. Green. The first question he asks the two is “which one of you called him (Frank Tumm) a faggot?” which Ms. Green responded with “I did, after he called me a hooker.” Officer Giraldo then asks who used the derogatory term first. Ms. Green then lets Giraldo know that Tumm had been calling her names “over the past few days” and Officer Calderon asks why she had not called the police before. Ms. Green then stated, “Why would I call the police for him (Tumm) calling me names?” followed by “but this time he pulled out a freaking gun.”
Ms. Loving and Ms. Green, both visibly upset from the traumatic experience of having a shotgun pointed at them, excitedly try to explain to the officers what happened.
Officer Giraldo flippantly asked Ms. Loving if she knew what the color of the shotgun was, clearly dismissing her account of having a shotgun pointed in her face.
Officer Giraldo tells them that they are trying to scream, but Ms. Green responds with “we aren’t trying to scream, we are like...” Officer Calderon says, “I get it, you’re reacting”, acknowledging that they just had a traumatic experience and were upset but did not like their tone of voice.
Ms. Green then tells the officers that there are cameras around that would have captured what happened. Giraldo then asks, “where are they,” in reference to the cameras. Ms. Loving responds by pointing the officers to the direction of cameras, and then says, “yall (in reference to the officers) need to do something.” Giraldo then responds in an aggressive manner by telling Ms. Loving “you need to chill out or you will be arrested,” as he quickly approaches with handcuffs and speaks directly in her face.
Ms. Loving then stated, “I had a gun pointed in my face, I just want to call my kids.”
Body camera worn by Officer Giraldo and Ms. Green’s cell phone did not capture any acts of disorderly conduct by Ms. Loving or an attempt at resisting arrest by Officer Giraldo.
OFFICER GIRALDO would later write in his arrest affidavit that Ms. Loving would not obey commands. This assertion would easily be dismissed by OFFICER GIRALDO’S camera footage, which shows no resistance or disobedience by Ms. Loving.
The audio and video captured by OFFICER GIRALDO’s camera shows that this also never happened.
On March 5, 2019, DEFENDANT OFFICERS of MIAMI-DADE COUNTY POLICE DEPARTMENT, acting within the course and scope of their employment arrested the Plaintiff, Ms. Loving for the following alleged criminal violations: Disorderly Conduct/ Breach of the Peace in violation of Florida Statute 877.03, a misdemeanor of the second degree; and Resisting an Officer without Violence, in violation of Florida Statute 843.02, a misdemeanor in the first degree.
However, on March 20, 2019, the State of Florida announced a Nolle Prosequi on the case brought by these OFFICERS upon finding just cause that the Ms. Loving did nothing criminal that day. The Nolle Prose memorandum from the State attorney’s office is attached as Exhibit A of this Complaint.
As a result of the DEFENDANT OFFICER’S illegal arrest and excessive use of force, Ms. Loving suffered injuries to her shoulder, arms, head, face, and legs. At the moment, Ms. Loving has been experiencing painful, intermittent headaches that immediately began to occur after the actions of the DEFENDANT OFFICERS. The moment she was racially profiled after calling 911 due to her life being placed in danger by Frank Tumm; physically attacked and violently manhandled by the officers that she called for help; unlawfully arrested; falsely imprisoned and forced to spend 15 hours in jail; having to endure video of this violent attack going “viral” on the internet, with some iterations having near 1 million views.