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
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.
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.
Javier Salman, the owner of 225 NW 16
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.”