MIAMI BEACH ( –Two Miami Beach police officers involved in an ATV accident that left two people injured over the Fourth of July weekend were terminated Friday, the department said.

Miami Beach Police previously indicated both Officer Derick Kulian and Officer Rolando Gutierrez would be fired. The officers were in a meeting all morning with Chief Carlos Noriega and the human resources department, but by Friday afternoon their termination was “effective immediately,” according to the Miami Beach Police Department.

Kulian, a five-year veteran of the force, was “present at the Clevelander Hotel and that Officer Kulian took a civilian on his ATV in violation of departmental policies,” according to a Miami Beach Police statement released Tuesday.

The department said that the termination process is “separate and apart from the ongoing criminal investigation underway.”

Noriega gave a strict message at a news conference Friday afternoon with the City Manager and Mayor Matti Bower.

“This is conduct that we have never tolerated and will not tolerate,” said Noriega. “There is no room for this sort of mistake. This was a huge mistake. It will not be tolerated. This is a message to the public and our citizens and to the department that we expect the best type of professional behavior. It is important for our 10 million visitors every year and 90,000 residents. We work too hard for something that leaves everyone with a bad taste. To say that I am upset is an understatement.

He defended the decision not to charge Officer Kuilan, saying that “contrary to some reports,” he did not leave the scene of the accident and he said his blood alcohol test results were not available. “If we find that he is DUI, he will be prosecuted,” said Noriega.

Even if he was not DUI, Kuilan could still be prosecuted for reckless driving or culpable negligence, authorities say. CBS4’s Peter D’Oench checked with the Miami-Dade State Attorney’s office and found that no decision had been made yet on possible charges against Kuilan.

Chief Noriega said both officers were “distraught” when he met with them.

The City Manager cited dereliction of duties and conduct unbecoming an officer as reasons to fire the men.

Mayor Bower said, “I think it was very important to show our visitors and our residents that when action like this needs to be taken, it is taken. It was important that the Chief acted swiftly. I feel deeply concerned about this, for those who have suffered, their families and even the families of the police officers.”

The officers still have their state certificates as officers, but Noriega said he would be notifying the Florida Department of Law Enforcement about the firings.

Both officers left Police headquarters without commenting.

Officer Gutierrez, a six-year veteran of the force, was fired because he was with Kulian at the bar at1020 Ocean Drive. According to police, the officers were drinking while on duty.

Officer Kulian allegedly hit Luis Almonte, 29, and his friend Kitzie Nicanor, 28, with an ATV just after 5 a.m. Sunday.

The accident sent Luis Almonte, 29, to intensive care at Mt. Sinai Medical Center on Miami Beach. Doctors used a rod to fix Luis’ broken femur.

Nicanor, who is from the state of Washington, is being treated at Jackson Memorial Hospital. Her spleen has been removed and there is a perforation in her heart, CBS4’s Peter D’Oench reported.

D’Oench also reported that she has a broken femur as well and her leg was being operated on.

Peter D'Oench

Comments (23)
  1. Tomax says:

    Please the union will sue the city and they will get rehired.

  2. its me says:

    How about the cop that wanted the witness to shut and say nothing.
    Is he getting at least reprimanded?

    1. junior says:

      I was wondering the same thing.

  3. Haysoos Creestoe says:

    If they were getting paid to do this, I am qualified and I want their job. I’m an unemployed alcoholic who loves to ride ATV’s on the beach.

    1. Mauro says:

      Your hired as long as you also chat up tourist ladies

    2. Eddie B says:

      I’m not into drinking, but I love chatting up the ladies…And I”m a crusty old biker who can ride/drive anything…

    3. Danny Zani says:

      You are now hired…!!! That would be the life. beer, girls, and a atv on a beach.. while you get paid?? what more can we ask for??

  4. Bob says:

    This is insane. This man should be arrested. One for drinking and driving, and two because HE LEFT the SCENE! How is that still being investigated? He was either there or not there. He could have ran away to warn his other cop buddies at other bars or hide the cocaine he had in his pocket! This is absurd and I think the citizens are tired of the corruption of these officers. He should be arrested and fired and there should be an investigation into the whole police force, and this time not by a retired FBI make it a actually authority that can enforce and will not be corrupt as well. To CBS south Florida: please make it known we want the corruption to end. Please keep writing articles about how the citizens demand change and display it around the nation. A individual voice is quiet but if CBS stands up for what we demand we can be heard

    1. Eddie B says:

      The thin blue line lives on…. What a travesty of justice!

  5. Johnny says:

    BTW, Derick Kulian was also involved in the Memorial Day shooting..

  6. Luis bonilla says:

    Im with you 100% Bob. I am fed up of these corrupted politicians and employees of the county, city and state.

  7. Mauro says:

    Fire that COP! DUI, fled the sceen, indured people. Just fired, come on!! If you turn the tables around and it was a regular Joe on the ATV and a cop on the sand he would have gotten hell and some more.

  8. ROCKY2 says:

    if they got fire, with the same evidence charge them with criminal damages done to the 2 tourists in the beach….

  9. clayrenoit says:

    So what did i say they would get nothing. All the hurt and pain that these two jerks caused . So who’s going to pay the doctor bill ? The City should pay and give her a little money to get her and her son back on there feet…be glad. She can sue & win for a few million. So firing thats nothing. This lady has a team and they all fixing to get paid.(big bucks)

  10. patrick A. says:

    Ah ah ah,after that criminal ACT they did during Labor day week-end,these two are being scapegoated,but as anyone who reside in Miami knows,all our Cops patrolling the streets are criminals themselves.
    just last month one stop me for speeding which I was,but instead of writing the ticket 60 in a 45 MPH,knowing the area I asked him let me see the radar he said he can,t no wonder he didn,t show up in court.

  11. wobblygoblin says:

    They will largely get away with it I’m thinking, even being fired. Cops somehow get a different standard of justice than other citizens. Remember Oscar Grant.

  12. jb says:

    don’t be an idiot, “remember oscar grant”. cops make mistakes too, the difference is cops are in such high stress life or death situations every day, that a simple mistake often has huge consequences. don’t confuse these two bozo’s with the majority of police officers. i’m sure there are plenty of officers in their department screaming to their superiors how they want these two criminally charged.

    1. Eddie B says:

      Mistakes??? They flagrantly and openly disobeyed the law. These aren”t mistakes. The knew what they were doing and I”m sure they are surprised they got caught. Don’t defend these perps and don’t toe that blue line. These guys, lots and lots of them are crooks.

      1. Patty Bray-Plumley says:


  13. Patty Bray-Plumley says:

    @jb…….”cops make mistakes too”. Tell me, how was it a mistake that they were DRINKING ON DUTY?

    1. patrick A. says:

      Let me guess,YOU are one those criminals who shot at your own fellow officers during that Memorial week-end criminal act.

  14. MattGMD says:

    Come on, Miami Dade state atty Fernandez-Rundle: the guy should be prosecuted for his heinous transgression. Simply firing a cop is not sufficient; prosecution is most certainly warranted. Failure to prosecute would render the Miami Dade state atty’s ofc to be remiss in the duty to pursue justice for all.

  15. malasangre says:

    well they are still certified as police so we will see them down the road.