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MIAMI (CBSMiami) — The terms have changed for a North Miami Police commander placed on administrative leave without pay  after a police-involved shooting in North Miami.

North Miami police Cmdr. Emile Hollant had been placed on administrative leave without pay three weeks ago for actions taken during a police-involved shooting, but that’s changed.

According to CBS4 News partner the Miami Herald, Hollant’s suspension has been upgraded to administrative leave with pay after the state refused to pursue criminal charges against him.

City Manager Larry Spring and police chief  believed Hollant was trying to mislead them during an investigation into the police-involved shooting of healthcare worker Charles Kinsey who was assisting a 26-year-old autistic patient that wandered away from an assisted living facility.

Cellphone video showed Kinsey, an employee at Miami Achievement Center for the Developmentally Disabled, flat on his back on the street, arms raised into the air, as he’s confronted by North Miami police Officer Jonathan Aledda.

The police union said officers believed the autistic patient, Arnaldo Rios, who had only a toy truck with him, was threatening Kinsey and they fired, hitting Kinsey in the leg by mistake.

It turns out prosecutors say he never witnessed the shooting and did not lie.

A closeout memo in the case issued last week states, “Cmdr. Hollant was thus not physically present when Officer Aledda fired his weapon nor did he witness the actual shooting.”

Spring said the upgrade in status was a combination of the state’s findings and contractual obligations that the city has with a police union.

Meantime, Aledda is on administrative leave with pay.

The State Attorney’s Office plans to conduct an investigation into the shooting once the Florida Department of Law Enforcement completes theirs.

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