Sun Sentinel Palm Beach Edition

Cop: Rubber bullet incident was a mistake

Woman who was hit in face wasn’t target, officer says

- By Andrew Boryga

A Fort Lauderdale police officer says it was an accident when he shot a woman in the face with a rubber bullet during a chaotic protest in downtown Fort Lauderdale

last month.

Detective Eliezer Ramos says he was trying to stop a man who was throwing tear gas canisters back at police, but the man stood behind LaToya Ratlieff and the officer struck her by mistake.

Ramos’ account of events is among many new disclosure­s released Friday about the May 31 demonstrat­ion, in which officers united in tactical squads and dispersed tear gas and rubber bullets. The police’s account of the chaotic encounter is outlined in 133 pages of reports obtained by the South Florida Sun Sentinel. The reports also show: ■ Undercover officers posed as protesters during the march, keeping an eye out for potential agitators.

■ Steven Pohorence, an officer under investigat­ion for shoving a kneeling protester, had gone to help a fellow officer who summoned help while trapped by a group of unruly protesters jumping on her offduty car.

The Fort Lauderdale police’s actions that day have drawn complaints from protesters and scrutiny

from law enforcemen­t experts who called into question their forceful tactics.

“There is and can be no legitimate justificat­ion for LaToya’s victimizat­ion by an armed police officer,” read a statement by Benedict P. Kuehne and Michael T. Davis, attorneys for Ratlieff. “While the identity of the shooter has finally been revealed, we call upon the City of Fort Lauderdale and its Police Department to take immediate action against the involved officers.”

A missed shot

Ramos, who is under investigat­ion for the rubberbull­et shooting, was a member of the SWAT team that lined up against protesters at Southeast First Avenue and Southeast Second Street shortly after 6:50 p.m., according to the police reports.

Ramos, an eight-year veteran of the force, said in his statement that multiple “violent protesters” were throwing rocks, bottles and fireworks. He was struck at least once with a “hard object.” Ramos said that after one of several tear gas canisters was fired, a protester grabbed it and launched it back at officers.

Ramos said he aimed to fire a rubber bullet at the protester, “with the intent to strike and discourage him from continued violent behavior.” He said his target moved and concealed himself behind Ratlieff, 34, who was standing in the street moving in the same direction and she was shot in the face instead.

In an interview last week, Ratlieff said she had tear gas in her eyes and was headed back to her car when she was hit. A video taken moments before she was shot pans over a largely empty intersecti­on.

A thick cloud of tear gas envelops the air near the far end of the SWAT line. Near the end of the video, on the left side of the screen, a young protester in a white shirt and shorts can be seen somewhat behind Ratlieff, near a tree, after she was shot.

After the shooting, Ratlieff began to bleed on the pavement as other protesters gathered her and took her to the hospital. Ratlieff said she was treated with 20 stitches and could not see out of one of her eyes for several days. Her attorneys said she continues to suffer “life-impacting injuries” from the shooting even three weeks later.

Ramos said that soon after the round struck Ratlieff, an “explosion” went off near his location, sounding like a quarter-stick of dynamite, according to his report.

Other SWAT officers said in their statements that they waved to protesters to bring Ratlieff over to provide aid after she was shot, but due to the explosion near them they were unable to get to her before she was whisked away by bystanders.

The Fort Lauderdale Police Department did not immediatel­y provide a statement about Officer Ramos’ current duties. Previously, a spokeswoma­n said an internal affairs investigat­ion had been opened.

At least one more protester said he was shot in the face with a rubber bullet shortly after Ratlieff was shot. However, the police believe he was struck by fireworks, which many officers said they saw protesters deploy.

At least three officers said in their statements that they shot rubber bullets. They said they aimed the bullets at suspects throwing items. One officer said he intended to arrest the suspects he shot at but said the chaos of the moment did not allow them to. “There was insufficie­nt manpower on the line,” they said.

A largely peaceful protest turns violent

According to the statements from officers, the protest May 31 was largely peaceful during the day, although some early signs indicated things might turn sour.

Sometime before the protest began at 3 p.m., officers scouting the planned location of the protest said they noticed a large pile of bricks five to six stacks high and 10 feet wide placed on a corner of the intersecti­on where the later scuffle took place. The pile of bricks was removed, and officers said they believed “profession­al agitators” might be in attendance.

According to the reports, at least two undercover detectives marched with protesters throughout the afternoon as they made their way from Huizenga Park and wound their way to the Fort Lauderdale Police Station, the Broward Main Jail and back to the park where the protest ended.

One undercover detective said they noticed a young protester picking up a circular-shaped stone along the way, before more protesters told the person to drop the stone.

Another undercover detective said they noticed protesters who stood out from most of the peaceful ones with families. They said these protesters were dressed in heavy vests and long clothing despite the 90-degree heat. They also wore complete face coverings and carried around heavy book bags.

According to an officer stationed in an unmarked car as the peaceful part of the protest wound down, they noticed a second wave of younger protesters arriving who were covering their faces and also carrying heavy backpacks.

While many officers said protesters were verbally violent at times during the protest, many pointed to 6:51 p.m. as the moment when the change in tone became evident.

Officer Stylianee Hayes said she was sitting in an unmarked black 2019 Toyota Camry at Southeast Second Avenue and Southeast First Avenue. She said the protesters who had left Huizenga Park at the end of the protest and made their way northward encountere­d her unmarked car with the emergency lights activated to help keep the road blocked.

According to Hayes, the protesters’ demeanor as they approached was “very hostile and agitated.” She said they stopped walking and gathered at the intersecti­on. Then they began to surround her car, jump on it and pound on the windows. “I had no avenue of escape,” she said. “I believed my life was in imminent danger.”

After calling for distress on the radio, she said Officer Pohorence arrived and helped her get out of the car and take her to safety. She said none of this interactio­n was caught on her body camera. “Due to my being in imminent danger,” she said, “I was not able to activate it.”

According to video footage and accounts from protesters sometime between 6:50 p.m. and 6:52 p.m. is when Poherence was caught on camera shoving a kneeling protester standing behind him.

Moving forward

Many protesters at the scene on May 31 said Poherence’s pushing of the kneeling protester is what set the crowd off.

Police statements released on Friday directly contradict that, saying the surroundin­g of Officer Hayes’ vehicle, as well as at least two more vehicles that were surrounded and damaged minutes after her car in other locations is what led tactical SWAT officers to be deployed to help calm down a crowd that began to throw rocks, fireworks and water bottles, according to police statements.

Much later in the night, officers said they observed damage to several businesses in the area.

Attorneys for Ratlieff and members of the community have pushed for more disclosure­s from the police about what happened, calling for the releasing of body camera footage.

In an interview last week, Fort Lauderdale Police Chief Rick Maglione said he would look into any instances where too much force may have been used during the encounter, but he reiterated that the crowd attacked his officers, leading them to react.

He expressed remorse that the peaceful protest did not remain peaceful. “We are trying to preserve people’s First Amendment rights,” he said. “But violence will not be tolerated at all.”

 ?? AL DIAZ/MIAMI HERALD ?? LaToya Ratlieff talks about her experience days after police shot her in the face with a rubber bullet at an anti-police brutality protest May 31 in Fort Lauderdale.
AL DIAZ/MIAMI HERALD LaToya Ratlieff talks about her experience days after police shot her in the face with a rubber bullet at an anti-police brutality protest May 31 in Fort Lauderdale.

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