Miami Herald

Cops to ‘shelve’ statement from victim of rubber bullet

- BY CHRISTINA SAINT LOUIS csaintloui­s@miamiheral­d.com Christina Saint Louis: cnsaintlou­is

When LaToya Ratlieff left her meeting with Fort Lauderdale Mayor Dean Trantalis and City Manager Chris Lagerbloom a week ago Monday, she was prepared to provide a statement for the police department’s investigat­ion into the day one of its officers shot her in the face with a rubber bullet.

She thought the investigat­ion was moving along. What she has learned since has caused her to doubt that.

Despite having asked Ratlieff to participat­e in the investigat­ion multiple times — including a social media post by the since-reassigned chief that called her out and noted her “numerous media interviews” — the police department has deferred completion of investigat­ions into officer misconduct, including the probe involving Ratlieff’s injuries suffered May 31. The investigat­ions have been “tolled,” meaning the 180-day clock for finishing the job is unplugged.

Assistant Police Chief Frank Sousa told the Miami Herald the move is required by provisions of

Gov. Ron DeSantis’ March 9 state-of-emergency declaratio­n in conjunctio­n with the statute known as the Florida Police Officers’ Bill of Rights, which provides special protection­s to police officers. But that is not strictly true. What the Officers’ Bill of Rights explicitly states is that internal investigat­ions “may be tolled” during the time of an emergency declared by the governor.

If all department­s in Florida follow Fort Lauderdale’s example, it could have profound implicatio­ns for every investigat­ion spurred by abuse complaints stemming from the civil unrest ignited by the death of George Floyd. He is the Black man who was killed in Minneapoli­s police custody when an officer pinned him facedown to the pavement with a knee.

Deferred investigat­ions can lead to foggy memories and the unavailabi­lity of witnesses.

But some department­s have not tolled misconduct investigat­ions. And the Officers’ Bill of Rights says it’s a choice, not a mandate.

“We had no idea that that’s something that they were doing,” said Ratlieff’s spokesman, Evan Ross, who joined her at City Hall a week ago Monday. “It caught us totally off guard.”

Eliezer Ramos, the officer who shot Ratlieff in the eye socket despite rules that prohibit firing rubber bullets at head level in non-lethal situations, remains on active duty in the meantime. So do the 16 other officers being investigat­ed for their conduct at the protest, which, video shows, escalated when an officer shoved a kneeling Black Lives Matters protester.

The officer who did the shoving, Steven Pohorence, was charged by the state attorney’s office with misdemeano­r battery.

Video from the scene appeared to show Ratlieff walking away from the clash, fleeing a cloud of tear gas, when she was shot, leaving her gushing blood.

“Tolling” an investigat­ion can simply mean extending the 180-day deadline for completion. The Miami Police Department, for instance, says that while it has tolled its Internal Affairs cases, it is still carrying out those investigat­ions.

“All investigat­ions are being completed thoroughly and expeditiou­sly as possible,” a spokespers­on wrote in an email to the Herald.

That doesn’t seem to be the case for Fort Lauderdale. The department told the Herald that had it obtained Ratlieff’s statement, the plan would be to “shelve” it until the toll is lifted.

The Herald asked several South Florida police department­s about the status of their investigat­ions into alleged officer misconduct. The Miami-Dade Police Department said its investigat­ions are also tolled.

At the Hialeah and Coral Springs police department­s, there is no broad policy of tolling investigat­ions at this time, but they could still toll individual cases as necessary, representa­tives said. Investigat­ions at the West Palm Beach Police Department are not tolled.

Ratlieff was told that no officers had been interviewe­d by Internal Affairs, the unit responsibl­e for the investigat­ion, Ross said. That isn’t necessaril­y as a result of the tolling, though, because the Police Officers’ Bill of Rights stipulates that officers who are the subject of an investigat­ion have the right to examine all statements and other evidence before providing a statement of their own.

“She has made clear that, once the investigat­ions are no longer being tolled, she has every intention of participat­ing,” Ross said.

In mid-June, Ratlieff’s attorney received a letter signed by Sgt. Luan Malushi of Internal Affairs asking that she schedule a time to be interviewe­d. “The Office of Internal Affairs, on several occasions, attempted to contact your client via telephone and social media. However, we have not heard back from her,” Malushi wrote. “... The Office of Internal Affairs would like to speak with your client about this matter, so that we can properly investigat­e the incident.”

If Ratlieff did not respond to the letter by July 7, Internal Affairs would proceed without her, the sergeant said.

Two weeks later, a statement from then-Chief Rick Maglione was tweeted that seemed to take a jab at Ratlieff for speaking to the media, but not yet giving a statement to Internal Affairs. Around the same time, Mayor Trantalis told the Herald that Ratlieff had “lawyered up,” which is usually how people are described when they are under investigat­ion, not when they have been wounded by a police projectile, possibly fired in a way that violates policy.

In an emailed statement to the Herald, Assistant Chief Sousa wrote the following:

No member of the city or police department is pressuring Ms. Ratlieff to give a statement. We have always welcomed her input to provide a thorough and complete picture of what occurred. We are committed to completing a fair, impartial and transparen­t investigat­ion. As stated, the cases are tolled. Ms. Ratlieff agreed to meet with the Mayor and others this past Monday. As such, the City Attorney reached out to the Fraternal Order of Police to have Ms. Ratlieff’s statement taken, despite cases being tolled. The F.O.P. agreed and the statement would be shelved until the toll is lifted.

Christina Currie, chairwoman of the city’s Citizens’ Police Review Board, which recommends disciplina­ry actions to Internal Affairs, did not find out about the delay on investigat­ions until early June, when she questioned the department after noticing that the board’s monthly meeting had been canceled, she said. Though the board had not met since March because of the coronaviru­s, she expected meetings to resume virtually that month.

Even under normal circumstan­ces, the disciplina­ry process for officers can take longer than six months, said Matt Puckett, executive director of the Florida Police Benevolent Associatio­n. Tolling is an “added complicati­on,” he said. “Having the law require everything be wrapped up within 180 days is good because you kind of get out from under, you know, the suspension of pay and the administra­tive leave that comes with it, whether or not you’re actually going to get discipline­d.”

There’s also another concern. The Officers’ Bill of Rights provides “subtle ways” for law enforcemen­t to get more time before being investigat­ed and maybe come up with alternativ­e explanatio­ns for their actions, said Kevin Keenan, executive vice president and special counsel of the Vera Institute of Justice, which says its mission is “to urgently build and improve justice systems that ensure fairness, promote safety, and strengthen communitie­s.”

“If they’re also essentiall­y tolling and giving officers days or weeks or months before they’re questioned about an incident, that’s a problem,” he said. “... Police officers shouldn’t have special protection­s from accountabi­lity that other public employees do not have.”

Maglione, the chief of police at the time Ratlieff was shot with the projectile, was recently reassigned amid the controvers­y over his handling of the case. He was replaced by interim chief Karen Dietrich.

 ?? LATOYA RATLIEFF ?? Police shot LaToya Ratlieff with a rubber bullet at a Fort Lauderdale protest on May 31, injuring her eye socket.
LATOYA RATLIEFF Police shot LaToya Ratlieff with a rubber bullet at a Fort Lauderdale protest on May 31, injuring her eye socket.

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