Miami Beach Police Officer Relieved Of Duty Over Sexual Battery Allegations
PEMBROKE PINES (CBSMiami) - A highly commended Miami Beach Police detective has been relieved of duty with pay as several agencies investigate sexual battery allegations against him, CBS 4 News has learned.
The information is contained in a Pembroke Pines Police search warrant filed Tuesday and first obtained by CBS 4 News as Pembroke Pines Police investigate an alleged sexual battery that occurred within the city. The warrant also says that the officer under investigation -- Oldy Ochoa Jr. -- lives in Pembroke Pines. The search warrant says the allegations against Ochoa, described as a homicide detective, are coming from a 17-year-old girl that Ochoa met years ago while working on a case.
The warrant says "(the accuser) gave details pertaining to two separate incidents wherein she alleged that Ochoa sexually battered her."
According to the warrant one of the incidents occurred last month behind a Pembroke Pines strip mall while the pair were in Ochoa's unmarked Miami Beach Police car. The warrant says that car is now secured with police tape and is being stored in an evidence bay at the Pembroke Pines police department.
The accuser told investigators that "during the time of this incident, Ochoa was in his full "class B" duty uniform in preparation of working an off-duty police detail at the Miami Boat Show."
The accuser told police that a second sexual battery occurred about a week later in an isolated, wooded area in Northwest Miami-Dade, again in Ochoa's police car. Following that incident, the underage girl told investigators that Ochoa allowed the girl to drive the car. The search warrant shows that police wanted to search Ochoa's police car for condoms, DNA and a towel that might contain DNA evidence. The search warrant says investigators took 6 DNA samples from the car and recovered a towel, although it's unknown if it's the towel detectives were looking for.
We've learned from the report that the underage girl met Ochoa several years ago while he was investigating a case she was involved in. "(The accuser) stated that both Ochoa and herself often were flirtatious with each other and communicated via email and facebook messenger in such manner. (The accuser) also stated that Ochoa would photograph her clothed body using his cellular device specifically targeting the skin area of her lower torso and other body parts while she posed."
According to his Miami Beach Police personnel file, Ochoa began working for the Miami Beach Police Department in 1990. The file shows that the Hialeah High graduate and military veteran quickly impressed his superiors with his attention to detail, outgoing behavior and strong investigative skills. Miami Beach Police evaluations show Ochoa has been routinely praised for his work ethic and for solving some the toughest of cases confronting the Department.
"Detective Ochoa is an energetic, self-motivated detective who aggressively investigates the most serious crimes committed in our community," reads part of his 2012 evaluation.
Ochoa is a homicide detective and prior to that he was part of the Miami Beach Police Special Victim's Unit and served on an internet crimes against children task force.
"In these task forces he works with his fellow task force members throughout the county to ensure the safety of our children," says one of his recent evaluations.
The search warrant reveals that Internal Affairs at the Miami Beach Police Department is looking into the allegations and that the Department of Children and Families prepared an "abuse report" on the case. The warrant also says Ochoa himself reported the allegation to his IA Division after he learned of it.
CBS 4 News tried to reach Ochoa at an address listed for him and on the phone but we were unsuccessful. Ochoa does not face any criminal charges at this time. Ochoa's attorney, Eugene Gibbons, told CBS 4 News that he is confident the investigations will turn out in Ochoa's favor.
The warrant says the 17 year old girl offered to take a polygraph examination to prove her allegations and "directed" investigators to the "location of both incidents without any hesitation." However the search warrant does say the teen has had trouble in the past.
"(The accuser) has a lengthy criminal history which caused her to spend additional time throughout her childhood at the Miami Beach Police Department."
Miami Beach Police Ray Martinez told CBS 4 News in a statement that "we take these allegations very seriously. We are cooperating with the Pembroke Pines Police Department to make sure there is a thorough investigation."
