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Miami Beach police accused of abuse seeks reinstatement

21 August 2011

The police officer in Miami Beach he was fired and accused of hitting, while intoxicated and while on duty, a man and a woman with his ATV last month, says the blood test they did is illegal and that he deserves to have his job back.

Kuilan Derick, who faces charges in greater amounts with two counts of reckless driving with serious bodily harm and two counts of DUI with serious bodily injury, wrote in a complaint filed with the city of Miami Beach that researchers unduly blood drawn after the accident July 3.

Prosecutors said the blood test – which took more than five hours after the accident, which occurred early in the morning – showed that the level of alcohol in the blood of Kuilan was above the legal limit. The Police Chief Carlos Noriega told The Miami Herald during a recent interview that his department took steps to ensure that the blood test was done legally Kuilan, which included contacting the prosecutor before removing a sample. He said it was these efforts that resulted in the delay of five hours.

But Kuilan and his attorney, Evan Hoffman, want to challenge the analysis.

“The city based its decision arbitrary leave in a blood unconstitutional and unlawful, as well as allegations and false information, outrageous and baseless”, Kuilan wrote in its complaint, filed July 27, the day after it was accused by the prosecution.

Kuilan, 30, is demanding that he return his position with retroactive pay and benefits.

Hoffman said the drug tests violated state law, and if Kuilan is “very defensible.” He said that the surveillance videos of The Cleveland show that he was not drinking at the popular South Beach nightclub, as claimed by one witness.

“It’s a case of sensationalism,” he said. “People are assuming that what is said is true, and I would not.”

According to the arrest warrant Kuilan and police documents, and also fired Kuilan Rolando Gutierrez agent on duty on the morning of July 3 when he entered the Clevelander area where the bar and dance floor, at about 5 am and found four women celebrating a bachelorette party.

The women said the two officers began to dance with them, and then invited the honoree Kuilan, Adalee Martin, a ride on your ATV on the beach with the lights off and Martin attached to the waist. They bent to the north and crashed into Luis Almonte and Nicanor Kitzia about 4 Street. Almonte as Nicanor Both suffered broken femur and Nicanor, who is suing Kuilan and The Clevelander, had to make multiple operations.

One of Martin’s friends, told police after the crash Kuilan and Gutierrez were drinking, but then the police reported that only women were drinking with Gutierrez. Gutierrez also has filed a complaint challenging the legality of the Breathalyzer tests they did.

On Friday, Miami Beach Mayor Matti Herrera Bower supported the decision of the city administrators to fire both agents. “We can not tolerate such conduct on police officers in Miami Beach,” he said.

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