Miami-Dade Police Officer Bonds Out Of Jail After Being Charged In 'Rough' Arrest Of Dyma Loving
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."