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MIAMI (CBSMiami) — A Miami woman who says she was assaulted by a Miami-Dade police officer during her arrest won’t be facing any charges.
On Wednesday, Miami-Dade State Attorney Katherine Fernandez Rundle’s office announced that they were “noelle prossing,” or dropping charges or not pursuing charges, against Dyma Loving.
Loving had been charged with resisting arrest without violence and disorderly conduct.
CBS4’S Peter D’Oench caught up exclusively with Loving and her friend Arianna Green and Loving’s attorney Justin Moore just before they met with Fernandez Rundle.
Moore said. “We want charges against Dyma dropped immediately.”
They did not know that the State Attorney had dropped those charges before the meeting. Afterwards, Loving told her attorney that “she was happy and she was pleased.” It’s what Loving and her attorney and the Chairman of the Miami-Dade NAACP had been calling for. Chairman Ruben Roberts and NAACP member Brad Brown also attended that meeting.
Moore also said, “We also want charges leveled against field training officer Alejandro Giraldo and we want to explore charges being filed against other officers,” said Moore. “We want justice to be equal in Miami-Dade County and if we are searching for that end we think it is a good opportunity for Katherine Fernandez Rundle to make sure that officers should not be able to skate because they are officers.”
Moore said the State Attorney was reviewing whether charges should be filed against any of the officers. A spokesman for the State Attorney said it was routine procedure to review everything in all such cases.
On March 5th, 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.
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 and Giraldo’s body cam.
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.”
“You’re screaming and you are acting disorderly. You will be arrested, okay, calm down,” said an officer.
“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.
On the videos, you hear Loving repeatedly saying, “Don’t touch me. Don’t touch me. Don’t touch me.”
When Giraldo tried to handcuff her and she resisted, he put both arms around her head and dragged her to the ground.
She was then taken into custody.
On Tuesday Loving, along with her attorney Justin Moore and members of the NAACP Miami chapter, held a news conference in which they announced she will seek a Federal Civil Rights Claim against Tumm, the Miami-Dade Police Department, and Giraldo.
“I have physical pain in my back and my neck and it hurts and I am seeing a psychiatrist,” said Loving.
“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,” she added. “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.
Moore and Loving both said they want to see criminal charges filed against Giraldo and three other officers involved in the incident.
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.