Sun Sentinel Palm Beach Edition

Cop aquitted of DUI, guilty of reckless driving

“Without his headlights on, he might as well have had a blindfold on.”

- By David Ovalle Miami-Dade prosecutor told jurorsMond­ay during closing arguments

Jurors on Monday acquitted an ex-Miami Beach police officer of drunken driving charges, but found him guilty of reckless driving for an ATV joyride that critically injured two on the South Beach sand.

Thejury deliberate­d a little over two hours in acquitting Derick Kuilan of the felony DUI charges, a surprising verdict because prosecutor­s had a toxicology report that showed he was legally drunk five hours after the crash.

But Kuilan neverthele­ss facesupto five years in prison for the reckless driving conviction­s. He was immediatel­y taken into custody to await sentencing.

The saga of Kuilan — who went on the ATV joyride while on duty and with a woman celebratin­g her bacheloret­te party — drew national headlines and proved a major embarrassm­ent for a police department already marred by controvers­y.

Kuilan should have known he could have plowed into pedestrian­s that night on the sand at Fourth Street in July 2011.

“Without his headlights on, he might as well have had a blindfold on,” MiamiDade prosecutor David I. Gilbert told jurors Monday during closing arguments. “Everybody said it was pitch-black out there.”

His defense attorney, EvanHoffma­n, shot back, saying prosecutor­s had not proven that Kuilan was drunk at the time of the crash.

“Bad judgment is not impairment,” Hoffman told jurors.

Kuilan, 33, and another uniformed officer met the woman and her friends at the Clevelande­r hotel — where the women were attending a bacheloret­te party — in July 2011. Their meeting was captured in a now-notorious photo, with Kuilan sneering in a toocool pose alongside the youngwomen.

The bacheloret­te, Adalee Martin Jones, told jurors thatKuilan, whowas inuniform, offered her a ride and she trustedhim“becausehe was a police officer.”

With Martin hanging on to Kuilan, the two zoomed down the sand to South Pointe, then turned around — with the officer flicking the headlights on and off in the darkness, she said.

But on the way back, prosecutor­s say, the ATV had no lights on when it crashed into Luis Almonte and Kitzie Nicanor, two friends who had walked to the water’s edge to watch the sun rise.

Almonte suffered a broken femur, while Nicanor lost her spleen, suffered a hip injury and received brain trauma.

“She doesn’t remember things. She has uncontroll­able emotions,” Gilbert told the jury. “She’s not working now. She may never work again. She is the unlucky one.”

 ?? THE MIAMI HERALD ?? Ex-Miami Beach police officer Derick Kuilan is taken into custody after jurors on Monday acquitted him of drunken driving charges, but found him guilty of reckless driving.
THE MIAMI HERALD Ex-Miami Beach police officer Derick Kuilan is taken into custody after jurors on Monday acquitted him of drunken driving charges, but found him guilty of reckless driving.
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