Fmr. Miami Beach ATV Cop Claims Blood Test ‘Illegal’

MIAMI BEACH (CBS4)- The fired Miami Beach police officer accused of plowing his ATV into a man and woman during a drunken, on-duty joyride last month said he was illegally blood tested and deserves his job back.

Derick Kuilan, who faces two felony counts of reckless driving with serious bodily injury and two of DUI with serious bodily injury, wrote in a grievance filed with the city of Miami Beach that investigators wrongly took his blood after the July 3 crash.

Prosecutors said the blood test — taken more than five hours after the pre-dawn crash — showed Kuilan’s blood-alcohol levels were above the legal limit. Police Chief Carlos Noriega told CBS4 news partner The Miami Herald during a recent interview that his department took steps to ensure that Kuilan’s blood test was drawn legally, including contacting the state attorney’s office, before taking a sample. He said those efforts are what led to the five-hour delay.

But Kuilan and his defense attorney, Evan Hoffman, are challenging the test.

mbp atv Fmr. Miami Beach ATV Cop Claims Blood Test ‘Illegal’

The State Attorney's Office released this photo showing the officers before the ATV incident (Source: State Attorney's Office)

“The city based their arbitrary decision to terminate me on an unconstitutional/unlawful test and false, inflammatory and unsubstantiated allegations and information,” Kuilan wrote in his grievance, filed July 27, the day after he was charged by prosecutors.

Kuilan, 30, is demanding that he be reinstated with back pay and benefits.

Hoffman said the drug test violated state law and said Kuilan’s case is “very defensible.” He said surveillance footage from The Clevelander will show that he wasn’t drinking at the popular South Beach venue, as was alleged by a witnesses.

“It’s been sensationalized,” he said. “People are assuming that’s what’s already been put out there is true, and I wouldn’t assume that.”

According to Kuilan’s arrest warrant and police documents, Kuilan and fired Officer Rolando Gutierrez were on duty the morning of July 3 when they entered the bar and dance-floor area of the Clevelander around 5 a.m. and met four women in the midst of a bachelorette party.

The women said the two officers began dancing with them and then Kuilan invited bachelorette Adalee Martin on an ATV ride and sped down the beach with his lights off and Martin clinging to his waist. They turned back north and then crashed into Luis Almonte and Kitzie Nicanor near Fourth Street. Both Almonte suffered broken femurs and Nicanor, who is suing Kuilan and The Clevelander, underwent multiple surgeries.

One of Martin’s friends told police shortly after the crash that Kuilan and Gutierrez were drinking, but later on police reported that the women only saw Gutierrez drinking. Gutierrez has also filed a grievance, challenging the legality of his breathalyzer test.

On Friday, Mayor Matti Herrera Bower stood by city administrators’ decision to fire both officers, according to the Herald.

“We can not tolerate this kind of behavior from police officers in Miami Beach,” she said.

(©2011 CBS Local Media, a division of CBS Radio Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. CBS4 news partner The Miami Herald contributed material for this report)

Comments

One Comment

  1. Didine Dimanche says:

    What an unbelievable MORON. My God you nearly KILL two people and you SUE!!! A shame, shame, shame!! I hope the VICTIMS nail you to your awaiting CROSS!

  2. John says:

    If he is contesting that he shouldn’t have taken a blood test, then he loses his license for a year, thus he loses his job as a police officer because one needs a valid license to be an officer. Either way, he has no case. He should know the rules of the road. I’m sure he has had people decline to take a blood test before and he had their license suspended.I’m offended that he tries to take us as fools to think he deserves his job back.

  3. Watch the News says:

    Another scar for the Florida Bar. They police themselves too. Is he working on contingency?

  4. DOMINGO says:

    IF HIS ONDUTY WHY WAS HE DANCING AT THE CLUB WHAT KIND OF POLICE DETP.IS THE CYTI RUNING AND IF HE GAVE THE OK FOR THE BLOOD TEST IT SHOULD STAY AND HE SHOULD BE TAKEN TO TRIAL LIKE ANYONE ELSE WOULD AND BE CHARGE WITH THE CRIME HE DID BECAUSE HE WAS A COP DOSENT GIVE HIM THE RIGHT TO MISS USE THE UNIFORM AND THE POSITION HE HELD I SAY SEND HIM TO TRIAL AND LET HIM DO THE TIME.

  5. mike says:

    the steroids have eaten away at his brain, there is no way he should go back to being a cop

    1. CitizensArrest says:

      He certainly does look like the Michelin Man. Maybe he was roiding that night.

  6. Candace L. says:

    It should be fun to watch how this evolves. As I understand it state law has changed. Anyone with a Florida drivers license no longer has the right to refuse a blood test. That’s right -all privacy rights get forfeited when one operates a motor vehicle in this state. They way I understand what I read about the change is one can no longer refuse a blood test, so that they can withdraw blood against your will. Welcome to the new world order. Do your own research. Just my two cents. Candace L.

  7. JR3906 says:

    This is just unbelievable! This guy was DUI, and DWI, left the scene of a accident and crime. Had fellow officers cover for his crime by stating he went to get a better view of the situation and was still drunk after waiting 5 hours!!!!! He definitely should go to prison and have me on the jury to convict him! Amazing to me how these despicable people with no sense of remorse(Casey Anthony) continue to plague our society. So he thinks he deserves his job back after nearly killing 2 people. WHAT ARROGANCE!!!!!!!!!!.

  8. Hol says:

    The PICTURE alone with these men IN UNIFORM is disturbing, When they put on that UNIFORM they take responsibility to behave accordingly, If they give EITHER man their jobs BACK, it will only CONFIRM what people are saying about the Miami Police force!! THEY DO WHATEVER THE HELL THEY WANT…

  9. bluewally says:

    They took my blood illegally! I should know, we do it all the time!

  10. Grandma says:

    My, Oh My, only in MIami folks!!!!!!!!!!!!!!

  11. JR3906 says:

    POSTER BOY FOR MIAMI BEACH POLICE DEPT.

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