MIAMI (CBS4) – A former Miami Beach police officer who allegedly hit a couple on Miami Beach with his ATV over the July 4th weekend is facing several charges.

Miami Beach officer Derick Kulian and Rolando Gutierrez were reportedly drinking on duty at the Clevelander Hotel on the night of July 3rd when Kulian allegedly took a woman for a ride on the beach on his ATV. During the ride, Kuilan hit and seriously injured 29-year-old Luis Almonte and his friend 28-year-old Kitzie Nicanor, according to police.

Both officers have been fired.

On Tuesday, Kulian turned himself in to law enforcement officials at the Miami-Dade jail.  He faces four third-degree felony counts, and each count could mean up to five years behind bars, CBS4’s Peter D’Oench reported.

According to Miami-Dade corrections spokeswoman Janelle Hall, Kulian was charged with one count of reckless driving, two counts of DUI with serious bodily injury to another and two counts of committing serious bodily injury.

Bond was listed at $30,000.  He was released early Tuesday afternoon.

WebExtra: Derick Kulian Bonds Out Of Jail

Two sources told CBS4’s Jim DeFede that the reckless driving charge was added because even though Kulian’s blood alcohol level was over the legal limit there may be some legal question as to whether the sample taken to determine if he had been drinking was taken properly and would be admissible in court.

“No one in the police department, no one in law enforcement, none of us can ever accept and tolerate the concept of a drunken on-duty police officer,” Miami-Dade State Attorney Katherine Fernandez Rundle said.

The Attorney’s office released an image that shows the two officers posing with partygoers at Clevelander Hotel in Miami Beach.

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

Fernandez Rundle said those at the party thought the officers were unprofessional that they were part of the entertainment.

“This is painful, but they don’t tolerate it,” she said. “None of us do.”

In announcing the charges against Kulian and releasing the photo, both the Fernandez Rundle and the Miami Beach police chief said they were saddened by the incident that left Nicanor with a injuries, including the lost of her spleen and Almonte also with internal injuries. Miami Beach police chief Carlos Noriega said it all started with the party.

“Having drinks and doing what they did is mind-boggling,” Noriega said. “It’s a fleeting act of stupidity. It was reckless and in the end it tarnished our public trust.”

The announcement comes one day after Miami Beach officials began steps to fire two other police officers over the false arrest of Harold Strickland, a gay tourist who witnessed a police beating in March 2009.

Officers Frankly Forte and Eliut Hazzi allegedly yelled anti-gay epithets at Strickland and arrested him after he called 911 to report that he had seen them beating and kicking a man in a South Beach park. Strickland and the American Civil Liberties Union have filed a federal civil rights lawsuit against the city.

Investigators also are examining the Memorial Day weekend police-involved shooting death of a driver in which some 100 shots were fired.

(©2011 CBS Local Media, a division of CBS Radio Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

Peter D'Oench

Comments (15)
  1. Luis bonilla says:

    Its about time. the whole state needs a clean up, its filled with corruption.

    1. JC says:

      If there is a serious bodily injury and there is pc for DUI as in his breath smelled of alcohol or in this case he was seen drinking prior to the incident, he is required to give a blood sample whether he wants to or not. Not sure how it would be taken the wrong way because he does not have to have Miranda read he is required by law to provide it. I think this is a misquote or the news just trying to start up something. I don’t see anything wrong from what was done

  2. chris says:

    Did I read correctly that the DUI test was improperly administered. Convenient! Cops covering for their buddies, again.

    1. Al says:

      Chris I wonder what would happen to us if we hit two people got up and ran away for some time to sober up huh? You think we could get away with that? Then the funny thing they want more money… Every cop that tried to cover up with those great excuses like he was undercover with the lights off should get fired for lieing to their employers…. FIRE THEM ALL…

  3. madwoman says:

    MBPD is a total disgrace! To fix it you will have to clean house and start from scratch…

  4. Stan Moscat says:

    clean house is right first start with mattie what a joke she is next the chief joke number 2 soon their will be nobody who will come back to miami beach then what?.

    1. abootnkiki says:

      so you took a survey of miami beach and every citizen told you they are planning to leave?

  5. Luis bonilla says:

    This city and its staff are a disgrace, Miami is the worlds toilet.

    1. abootnkiki says:

      this was miami beach not miami so i guess you do not know the staff;and you must know they are the toilet because you are in it when it gets flushed

  6. mario says:

    God forbid you ask why your being cited while in Miami Beach. You might end up with a charge for Obstruction of Justice… SMH

    1. abootnkiki says:

      you shouldn’t have to ask because it would be written on your citation;therefore your charge would be stupidity

  7. Hoof Arted says:

    If a civilian would have hit an officer instead, he’d probably get life in jail. This P.O.S will walk, and probably get some type of pention.

    1. abootnkiki says:

      can’t even spell pension;keep to your abbreviations

      1. Al says:

        Probably a relative of those overpaid cops huh? The most work they do all year long is Memorial BET Holiday week.. Every other day just park on Alton and give speeding tickets for going 45 on a 35… Then they want to get paid more. I say put up more cameras and make these low life cops get real jobs.. Where they arent sitting in a parking lot talking to each other all day..Oh and your right.. The citation should tell you the charge.. If not just ask the other 15 cops called over to watch 1 cop write a ticket.. One of them must know

  8. ok says:

    Bunch of cop haters here I see. I actually want cops to give speeding tickets and make people slow down, 35mph means just that not 40 or 45. Typical of people, just follow the law and not what you think it should be. He didn’t follow it and is paying for it. By the way that is a real job, last time I checked.