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MIAMI (CBSMiami) – A Miami woman who says she was assaulted by a Miami-Dade police officer during her arrest wants the officer to face criminal charges.

Dyma Loving, along with her attorney Justin Moore and members of the NAACP Miami chapter held a news conference on Tuesday afternoon.

Additionally, Loving says she will seek a Federal Civil Rights Claim against Frank Tumm, the Miami-Dade Police Department, and police officer Alejandro Giraldo.

Loving says police roughed her up, “I have physical pain in my back and my neck and it hurts and I am seeing a psychiatrist.”

“As to why I want charges to be pressed this is a matter of human rights. He didn’t treat me like a human at all and this was very wrong of him.”

“I want criminal charges because they put their hands on me. You are a police officer and you are supposed to know right from wrong.”

Loving’s attorney may also file a federal suit claiming loving’s civil rights were violated.

“We think that it’s imperative that officers face justice like anyone else assaulting a woman,” Moore said.

The Miami-Dade NAACP is alarmed.

“It’s a sad day when those are hired to protect and serve, those who are sworn to protect and serve, treated Dyma this way,” said Ruben Roberts, Chairman of the Miami-Dade NAACP.

“I want you to know I am a woman and it hurts me to see another woman treated this way,” said Lulu Randall, South Dade Democratic Caucus.

Loving was charged with disorderly conduct and resisting arrest without violence.

“We request the charges be dropped and wiped from her record,” Roberts said.

“We want to see more diversity, more blacks, and women as officers and in training and recruitment,” Roberts added.

“I want officers to treat you the same way they would want to treated. We have a responsibility for that.”

Moore says the Miami-Dade State Attorney’s office has requested a meeting.

On March 5, Loving, called 911 after she said she and her friend Adrianna Green were threatened by Frank Tumm, who pointed a gun at them and allegedly said he would “shoot [her] burnt black-ass face off [her] neck,” as they walked by his home in the 1300 block of SW 201st Street.

Frank Tumm (Source: Miami-Dade Corrections)

After calling the police to report this incident, a group of Miami-Dade police officers, including Alejandro Giraldo, arrived at the scene.

Loving claims that instead of receiving protection from the police, she was instead assaulted by Giraldo.

The entire incident was caught on cellphone video. Later, the officer’s body cam footage was also released.

Moore and Loving both said they wanted to see criminal charges filed against Giraldo and three other officers involved in the incident.

They said they are pursuing a federal civil rights claim against the officers as well.

They also said they would be going to Miami-Dade police headquarters soon to file those charges. They said they have not yet met with the State Attorneys Office.

“We feel this is a nationwide problem and we need to have this addressed, that is the use of excessive force by police officers who should have more training and supervision,” said Moore. “They should not have happened and now Dyma is suffering from some injuries and emotional stress.”

Loving told CBS4’s Peter D’Oench, “There is no way this should’ve happened to me. The officers went too far and I was injured in the process. There was no reason to touch me like this and to drag me down. I am hurting as a result of what happen and life will never be the same. They definitely went too far. The way they handled this.”

Miami-Dade Police spokesman Angel Rodriguez said, “There is nothing further to say at this point. The officer has been suspended and the director expressed his concerns and this is an open investigation still.”

Giraldo’s body cam video shows the moments before Loving’s arrest.

On the body cam video, Loving is repeatedly told by Miami-Dade police officers to calm down. “You need to chill out,” says one officer. “You need to chill out because now you can be arrested. You are being disorderly right now and you can be arrested. I am going to give you one more chance.”

Loving says she is “calm” and says “I just want to go to talk to my kids.” Then you hear her repeatedly screaming on the tape, “Don’t touch me. Don’t touch me. Don’t touch me.” And you see a different angle on how she is taken down to the ground.

“Why am I going to be arrested when I was just threatened and I need to talk to my daughter on the phone?” She asks.

When police arrived, they interviewed Tumm and both of the women. The body cam video shows a very brief interview with Tumm who is asked about what he heard and saw but it not questioned about allegedly brandishing a weapon.

Body cam video of field training Officer A.I. Giraldo shows officers telling a very upset Loving to calm down.

“You need to do something. You need to chill out,” an officer can be heard telling Loving. I am asking you to chill out You are going to be arrested. You are going to be arrested. You need to calm down. We are going to bring you in.”

“I’m calm. I just want to talk to my kids,” she replied.

There is then another warning.

“You’re screaming and you are acting disorderly. You will be arrested, okay, calm down,” said an officer.

“Why do I need to be arrested, I want to charge my phone,” said Loving.

An incident report states when she “became belligerent and would not obey commands,” they moved in to restrain her.

Loving can repeatedly be heard saying, “do not touch me, do not touch me.”

When Giraldo tried to handcuff her and she resisted, he put both arms around her head and dragged her to the ground.

Loving was arrested and charged with resisting arrest without violence and disorderly conduct.

A cellphone video of the arrest was put on social media. After viewing it, Miami-Dade Police Director Juan Perez said in a statement the officer’s actions were “troubling.”

“I find the actions depicted on the video deeply troubling and in no way reflective of our core values of integrity, respect, service, and fairness. This is why last week, upon becoming aware of the video posted on social media, an immediate inquiry was initiated which resulted in the involved officer being relieved of duty and of his role as a field training officer.”

“There was no reason for him to get physical with me. I have freedom of speech,” said Loving. “It made me feel like trash.”

The Dade County Police Benevolent Association said in a statement that the officers involved were justified in their actions because Loving was uncooperative and refused to comply with orders that police were giving her.

Loving told CBS4’s Peter D’Oench that, “I am a single mother of three struggling to get by. I am going to hire an attorney and I want an apology and may sue.”

Tumm was charged with aggravated assault with a deadly weapon. Tumm was released from jail Friday afternoon after posting bond and continued to claim that he never brandished a weapon.

Peter D'Oench

Comments
  1. Dan Smith says:

    Whether or not the officer was justified in arresting her she should have let the situation play out and then looked at holding someone accountable. She RESISTED arrest and its HER fault what happened to her. Read the law. Whether an arrest is justified or not a person CANNOT resist arrest. SHE IS WRONG.