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Fernandez Statement

Fernandez Statement

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Published by Al Crespo

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Published by: Al Crespo on Aug 30, 2011
Copyright:Attribution Non-commercial

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07/23/2013

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AFFIDAVIT IN SUPPORT OF ARREST WARRANT
The following is an application for an arrest warrant for Daniel Fernandez,date of birth: January 24, 1973, Address: 400 NW 2
nd
Avenue, Miami, Florida33135 for Perjury in an Official Proceeding, Florida Statutes, (Sec. 837.02);Official Misconduct, Florida Statutes, (Sec. 838.022); and Theft, Florida Statutes,(Sec. 812.014).Your Affiant is Robin Starks. I have been employed for over twenty (20)years as a police officer with the City of Miami Police Department, Miami-DadeCounty, Florida. I am currently a Police Instructor with the City of Miami PoliceDepartment Training Center. I was previously assigned as a Detective to the Cityof Miami Internal Affairs Division Anti Corruption Unit and was in this position for approximately 2 years. While assigned to the Anti Corruption Unit, your Affiantled a criminal investigation involving an illegal eviction and resulting falsificationof an arrest affidavit that occurred on August 8, 2009 of David Van Buren Peery,the lawful tenant of 225 N.W. 16 Street Apartment #1, Miami, Florida 33136.
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 The investigation revealed that Miami police officers, Daniel Fernandez(hereinafter referred as “the subject”) and David Valentin, are partners in aproperty management business entitled, Land Trading Property Management.One of the properties that the subject and Officer David Valentin manage islocated at 225 N.W. 16 Street, Miami, Florida . Hernan Jesus Guevara, date of birth: April 4, 1978 is an employee of the subject and Officer David Valentin andhe assists in the collection of rents as well as maintenance for the properties.The investigation also revealed that Mr. Peery was behind in the paymentof his rent, yet he was still a lawful tenant residing at 225 N.W. 16 Street #1. Infact, the subject, on behalf of Land Trading Property Management Companyunsuccessfully filed a complaint for Tenant Eviction against Mr. Peery on May 18,2009. The complaint was dismissed by Judge Bronwyn Miller on June 8, 2009.
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Javier Salman, the owner of 225 NW 16
th
Street, provided a sworn statement on September 29, 2009. Mr.Salmon was asked the following question on page 46 of his sworn statement: …”Now you notice that Mr.Peery was arrested for trespass after warning of his own apartment on August 8, 2009. Um, he was still thelawful tenant as of August 8, 2009, correct?” Mr. Salmon answered, “As far as I know.”
 
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On Saturday, August 8, 2009, according to Mr. Peery, he left his apartment atapproximately 10:30 a.m. in order to have breakfast. When Mr. Peery returnedapproximately an hour later, he discovered that the locks were changed.Shortly thereafter Officer David Valentin arrived and told Mr. Peery thathe had entered the apartment earlier to conduct a rental inspection and that hefound a crack pipe and other drug paraphernalia inside his apartment. Accordingto Mr. Peery, the subject called Hernan Guevara on his cell phone.
2
Shortlythereafter, Hernan Guevara arrived with the key and opened the apartment. WithHernan Guevara present, Officer David Valentin allowed Mr. Peery to retrievesome of his personal items and ordered him to leave the premises or face goingto jail because, according to Mr. Peery, Officer David Valentin stated that he is aCity of Miami police officer. Mr. Peery left the premises and walked to the MiamiPolice Department located at 400 NW 2
nd
Avenue in order to verify if in factValentin was a police officer and also to gain access to his locked apartment.Officer Luis Franco provided a sworn statement and confirmed that he wasmanning the front desk on August 8, 2009. Officer Franco also confirmed that aperson who matched the description of David Peery approached the front desk atthe police station to complain that he had a landlord/tenant dispute with someonewho may have been a police officer with the City of Miami. Officer Francoadvised Peery to respond back to his apartment and call 911 in order for a policeofficer to be dispatched to the apartment to allow Mr. Peery access into hisapartment.A review of the City of Miami dispatch and 911 communications tapesreveal that Mr. Peery called 911 and advised that he was locked out of hisapartment and needed assistance. The call was dispatched at 1:43PM for unitsto respond to Mr. Peery’s residence.Mr. Peery returned to his apartment and met with two uniformed City of Miami officers Justin Garcia and Michelle De La Vega who were already on thescene. According to Mr. Peery, Mr. Luis Gonzalez of 225 N.W. 16 Street #5 also
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Subpoenaed telephone records reveal that the subject called Hernan Guevara on his cell phone at11:30AM, consistent with Mr. Peery’s recitation of the facts.
 
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works as the building manager for the apartment complex. Peery spoke to Mr.Gonzalez in order to get the keys to gain access into his apartment. Mr.Gonzalez then made a telephone call to Hernan Guevara. Shortly thereafter,the subject, Officer David Valentin and Hernan Guevara arrived on the scene.David Peery was then arrested by Officer Justin Garcia at the direction of bothOfficer David Valentin and the subject.Ms. Melody Johnson and Mr. Robert Fields provided sworn testimony thatthey were inside apartment #1 alone on the morning of August 8, 2009 when aperson identified as the landlord by Mr. Peery, arrived and entered apartment #1.Ms. Johnson and Mr. Fields stated that there was a second male who was alsopresent. Johnson and Fields stated that they were ordered to leave theapartment and they complied. Ms. Johnson and Mr. Fields further stated thatDavid Peery was not present inside the apartment when the subject and theother male entered the apartment and told them to leave.
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 Officer Michelle De La Vega provided a sworn statement and confirmedthat she responded to a dispatch to 225 NW 16
th
Street #1 in reference to alandlord tenant dispute at approximately 2PM involving David Peery. Sheconfirmed that Peery told her that he had arrived at his apartment to find that thelocks were changed and he could not get into his apartment. Mr. Peery identifiedLuis Gonzalez to Officer De La Vega as the building manager. When Officer DeLa Vega advised Mr. Peery that he could do whatever was necessary to gainentrance into his apartment, Luis Gonzalez, who apparently overheard Officer DeLa Vega, stated that the locks were changed and that he would call to get the keyto the apartment. Phone records revealed that Luis Gonzalez called HernanGuevara at 2:07PM. This is consistent with Mr. Peery’s and Officer De La Vega’sversion of events.While awaiting the delivery of the key, Officer De La Vega learned fromOfficer Garcia that David Peery was going to be arrested for drugs that hadallegedly been found in his possession in the apartment some time earlier. Also,
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Hernan Guevara admitted in his sworn statements that he was present when Officer David Valentinordered the female and male to leave the apartment. However, he also stated that David Peery was also present in contradiction to Peery, Johnson and Fields’ testimony.

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