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REPORT OF INVESTIGATION Page VICTIM, COMPLAINT OR CASE TITLE ‘TYPE OF INVESTIGATION INTERNAL AFFAIRS CASE NUMBER City of Miami Information T19-089 OG. mv.py: | Sgt. L Valdes #27423 OTHER OFFICERS: IN. 7 ‘ORIG. xocation | 5040 N.W. 7 Street Locat. | 3400 Pan American Drive ORIG Dare: October 18, 2019 DATE October 10, 2019 z = ‘ORIG: TIME: 1300 hours TIME, 1245 hours THis REPORT Information REF: Narrative On October 10, 2019, during the City of Miami Commission Meeting, Commissioner Joseph Carollo discussed two (2) traffic stops conducted by Miami Police officers; one traffic stop involved him and the other involved his wife, Mrs. Marjorie Carollo. Commissioner Carollo stated that one evening, he was travelling southbound on $,W. 17 Avenue and 22 Street and noticed the signal was yellow, but he estimated all four of his tires were within the intersection. He stated an officer (later identified as Officer Gabriela Rodriguez #44272) conducted the traffic stop but remained in the vehicle for approximately ten (10) minutes, which led him to put his hands outside of the window as the delay caused him to be in fear for his safety. He stated he was handed one (1) summons. Commissioner Carollo feels there is no way a human eye, specifically Officer Rodriguez’s, could have captured that all his tires were not within the intersection when the traffic signal changed to red. He stated he went to the courthouse to request a hearing, at which time he was informed he had two (2) open cases for the date of the traffic stop. He alleged a clerk at the courthouse informed him they would most likely be dismissed because both summonses were for the same location and one (1) summons listed him as traveling southbound, citing him for Failure to Obey Flashing Signals, while the other listed him travelling northbound, citing him for Failure to Stop at a Steady Red Signal. He believes he was handed only one summons that evening so that he would not address a second one and ultimately, his license would be suspended. He stated he would eventually be stopped for a “phony ass stop” and arrested for having a suspended driver license. He believed this was done on purpose so he would be “paraded through every television channel in Miami.” Commissioner Carollo stated that on another occasion, Mrs. Carollo was stopped at $.W. 17 Avenue and 7 Street after “cautiously” making a left tum. Mrs, Carollo informed him the backup officer (later identified as Officer Darlen Otano #43617) screamed at her to lower the passenger window of the vehicle. Additionally, THEUTENANT HIATOR 4, 2 a 1223-19 — 4 RA a, (AD, . BY [22-19 cavraty nevipwen i (AME,LBAD pate OFFICIAL USE ONLY REPORT OF INVESTIGATION Page 2 VICTIM, COMPLAINT OR CASE TITLE ‘TYPE OF INVESTIGATION INCIDENT NUMBER City of Miami Information T19-089 she informed him she was told there was a pedestrian in the crosswalk who she didn’t yield to, but there was no pedestrian crossing. Mrs. Carollo was issued two (2) summonses; one (1) for Failure to Yield Right-of- ‘Way to a Pedestrian and one (1) for No Proof of Insurance. ‘Commissioner Carollo stated Mrs. Carollo presented him three (3) pamphlets regarding “bicycle laws” she received during the traffic stop. He stated he researched the statute she was cited for, which revealed it was a violation of right-of-way regarding a bicyclist. Commissioner Carollo stated he could not believe the officer felt someone did something so “outrageous” as not yielding to a pedestrian but did not know the correct statute to cite. Therefore, he believes Mrs. Carollo was stopped solely so she would identify herself as his wife, which in tar, would be released to the media. He stated they went to the courthouse to obtain a trial date, but a clerk informed them she had only one open case on her record. He stated they insisted there was a second summons, but they were informed it was not input in the system until “four (4) days later.” Commissioner Carollo stated he believes this was done on purpose because if they went to resolve the summons and there was only one (1) on file, they other one would go unaddressed, causing the suspension of Mrs. Carollo’s driver’s license. He stated she would be stopped for a “BS excuse” and arrested “publicly” for driving with a suspended driver's license, resulting in her being “paraded” through all news media. Commissioner Carollo stated he believes he and his wife are being targeted because he finds it unfathomable that Miami Police officers are so incompetent and/or poorly trained as to unintentionally cite incorrect statutes and not submit summonses in a timely manner: A review of Commissioner Carollo’s allegations revealed the facts below. On Friday, May 24, 2019, Commissioner Carollo was stopped by Officer Rodriguez. A query of the Traffic and Criminal Software (TraC$) revealed that on that evening, Officer Rodriguez generated two (2) summonses for Commissioner Carollo; one was for Failure to Obey Flashing Control Signal while traveling southbound on S.W. 17 Avenue, south of 22 Street (#¥ACOLTJE, submitted on May 24, 2019) and the other ‘was for Failure to Stop at a Steady Red Signal while traveling southbound on S.W. 17 Avenue, north of 22 Street (#ACOOTWE, submitted on June 8, 2019). Officer Rodriguez’s body worn camera footage revealed she stopped Commissioner Carollo and explained the reason for the stop (Commissioner Carollo failed to obey the red light), to which he replied that the traffic signal was yellow when his front tires crossed over the crosswalk. Officer Rodriguez. gathered Commissioner Carollo’s documents and later returned, handing him a summons. On Thursday, June 27, 2019, Mrs. Carollo was stopped by Officer Sonyorllelin Sanchez #43618. Officers Sanchez and Otano were working a grant-funded overtime pedestrian safety initiative intended to change the THEUTENANT NAIOR HAI, CAPTAIN REVIEWED BY (NAME, LEM DATE OFFICIAL USE ONLY REPORT OF INVESTIGATION Page 3 VICTIM, COMPLAINT OR CASE TITLE. ‘TYPE OF INVESTIGATION INCIDENT NUMBER City of Miami Information 719-089 behavior of motorists, pedestrians, and bicyclists through traffic enforcement and education. The grant, which is known as the High Visibility Enforcement (HVE) initiative, was funded through a cooperative effort between the National Highway Traffic Safety Administration (NHTSA), Florida Department of ‘Transportation (FDOT), and University of South Florida (USF) Center for Urban Transportation Research (CUTR). The effort funded overtime pedestrian safety initiatives in two focus cities in the State of Florida; Miami is one of those cities. The grant was approved by City Manager Emilio T. Gonzalez on October 11, 2018, and it is set to expire on or before June 30, 2020. The grant funds $88,000 of overtime expenses and requires, among other things, thet the Miami Police Department assign two police officers at a time to overtime details geared toward pedestrian and bicycle safety along corridors identified for their high concentration of pedestrian and bicyclist crashes. In order to achieve the goals of the HVE grant, officers assigned to the detail are required to promote pedestrian, bicycle, and vehicular safety through the enforcement of traffic laws (i.e. the issuance of traffic summonses) and/or through education through the issuance of approved educational material (See sample documents contained within this case file). The corridors identified for their high concentration of pedestrian and bicyclist crashes in the Miami HVE grant are S.W. 8 Street from 17 Avenue to Brickell Avenue and S,W. 27 Avenue from West Flagler Street to South Dixie Highway. On the date that Mrs, Carollo was cited, Officers Sanchez and Otano worked the HVE overtime detail from 1000 hours to 2000 hours, and Mrs. Carollo was cited and issued educational material within the aforesaid timeframe. During the June 27, 2019 HIVE detail, Officers Sanchez and Otano issued a combined ten (10) traffic summonses (including the two (2) issued to Mrs. Carollo), twelve (12) verbal warnings where only educational material was issued, and one (1) arrest for a violation ofa misdemeanor criminal traffic statute. A quety of TraCS revealed that on June 27, 2019, Officer Sanchez generated two (2) summonses for Mrs. Carollo. One of the summonses listed the violation in the comments portion as Failure to Yield to the Right- of Way to Pedestrian at S.W. 17 Avenue and 8 Street (#ACOSAKE, submitted on July 24, 2019). However, the summons cited Mrs. Carollo for a violation of Florida State Statute 316.2065 (1) - Bicycle Regulations. The other summons was for No Proof of Insurance (¥ACOSALE, submitted on June 27, 2019). Both summonses were dismissed on August 23, 2019 for wrong statute, although summons #ACOSALE listed the correct statute. Officer Sanchez’s body worn camera footage revealed she stopped Mrs. Carollo and explained the reason for the stop (Mrs. Carollo failed to yield to the right-of-way of an unknown male pedestrian), to which she replied that she didn’t think he was going to cross the street. Meanwhile Officer Sanchez spoke to Mrs, Carollo about her expired insurance cards, Officer Otano tapped on the vehicle’s passenger window and ‘motioned with her hand for her (Mrs. Carollo) to lower the window. Once the window was lowered, Officer TIEUTENANT MAIOR MAI, 7223-14 TESTIGATONS SIGNATURE ee 12-23-19 cartary TD ANE TEM DATE OFFICIAL USE ONLY REPORT OF INVESTIGATION Page 4 VICTIM, COMPLAINT OR CASE TITLE ‘TYPE OF INVESTIGATION INCIDENT NUMBER City of Miami Information 719-089 Otano said something to Mrs. Carollo; however, it was inaudible from the driver's side where Officer Sanchez was located. Officer Sanchez walked towards her vehicle and Officer Otano accompanied her. Officer Sanchez returned to Mrs. Carollo’s vehicle and educated her on the law as it relates to the right-of- way of a pedestrian, A query of traffic summons and parking citation records as it relates to City of Miami Mayor Francis Suarez, and City of Miami Commissioners Wilfredo Gort, Keon Hardemon, Manuel Reyes and Ken Russell revealed the following: * On October 24, 2018, Mayor Suarez was issued a summons for a traffic violation (#AAOOUSE, Coral Gables Police Department). On February 2, 2019, a vehicle registered to Mayor Suarez was issued a parking citation (#36886978, Coral Gables). © On September 11, 2019, Commissioner Gort was issued a summons for a traffic violation (#ACIV29E, Miami Police Department). There are no parking citations associated to Commissioner Gort. ‘+ On September 3, 2016, Commissioner Hardemon was found at fault for a traffic crash and issued a summons (#A6XY9LE, Miami Police Department). There are no parking citations associated to Commissioner Hardemon. + There are no traffic summonses and/or parking citations associated to Commissioner Reyes. © On February 21, 2019, a parking citation was issued to a vehicle registered to Commissioner Russell (#39304422, Miami Parking Authority). On April 2, 2019, another parking citation was issued to the same vehicle (#05842514, Miami Police Department). Commissioner Russell has not received any traffic summonses since being elected in November 2015. Officers Rodriguez and Sanchez. were courteous and professional during their encounter with Commissioner Carollo and Mrs. Carollo, respectively. There is no evidence that either stop was unlawful and/or there was malicious intent associated to them. Furthermore, from the conversations which took place during the traffic stops, there was no indication the officers had knowledge of Commissioner Carollo’s position in the City of Miami government. As of this writing, Commissioner Carollo nor Mrs. Carollo have filed a formal complaint with the Internal Affairs Section, Furthermore, they have not been cited for any additional traffic violations. At this time, the investigation into Commissioner Carollo’s allegations will be filed as “Information Only. TTB ae 1423 ws a a a MAI, 12-23-19 exnan ERSTE oe ‘OFFICIAL USE ONLY