Aggravated Battery Charges Dropped After Surveillance Video Reveals Wrong Man Arrested
MIAMI (CBSMiami) -- Aggravated battery charges have been dropped against a Miami-Dade grandfather after surveillance video shows Miami police arrested the wrong man one month ago following a wild brawl in March.
A prosecutor with the Miami-Dade State Attorney's Office announced in court Monday morning that charges were being dropped against 52-year-old Jorge Crusellas-Sotolongo. Aggravated battery charges can lead to up to 15 years behind bars if you are convicted.
The surveillance tape released by Sotolongo's attorney Mark Eiglarsh shows a brawl on March 31st outside Asturia's Bar and Lounge on Flagler Street at 47th Avenue. Several people are involved in that brawl. One man is slashed in the face with a knife and he is seen on tape holding a bandage over his cut.
A police report says Sotolongo was arrested on September 28th based on what the victim told them. But Sotolongo was actually not part of that brawl on March 31st and he says he told police that they should check the surveillance tape that proved his claim. But police did not check that tape right away and before arresting Sotolongo.
"The state attorney's office is taking no action," a Prosecutor announced in court as charges were dropped.
"We dropped the charges against Mr. Crusellas-Sotolongo because it was the right thing to do," said Miami-Dade State Attorney Katherine Fernandez Rundle. "None but the guilty benefit when an innocent person is wrongfully charged and jailed. A good prosecutor's office does more than convict those guilty of crimes against the community. As ministers of justice, a good prosecutor's office has the responsibility to ensure that the rights of the innocent are always protected."
Eiglarsh told CBS4's Peter D'Oench, "This is an arrest that should never have happened. It is everyone's worst nightmare. My client was at a public place having a drink with a friend when he was approached by several police officers who approached him and arrested him for stabbing a man in the face 6 months earlier. My client was innocent. He is still innocent."
"My client pleaded with arresting officers to just check the surveillance tape and it would show it wasn't him and that he wasn't there six months ago. But those officers refused to check that tape. One officer told him if you are innocent a Prosecutor will look at the tape and charges will be dropped. But he was taken to jail and was in custody for 24 hours and had to spend a thousand dollars," said Eiglarsh.
"We commend the State Attorney through their investigation in having the charges dropped," said Eiglarsh. "But we would like to see a change in policy where no person like my client is ever in the same situation again. We call on law enforcement to check surveillance so no one in the future will be stripped of their liberties."
Eiglarsh said he was seeking a change in policy and not seeking money from police though he says he has not ruled out suing the department. A spokeswoman for Miami Police said they had no comment.
Speaking in Spanish, Sotolongo said "I told police I am not the one who did this. I have never been here. Why did you arrest me? Did you see the camera? This was horrible. I was stuck in the place in jail and with a bunch of people and I have never been in trouble before in this country. I have never been arrested here before."
Eiglarsh said Sotolongo was a "hard-working family man with an unblemished record. He's never had an arrest before. He is the father of two children and the grandfather of two children."
Miami-Dade State Attorney Katherine Fernandez Rundle said "We as prosecutors are always charged with seeking the truth and doing justice. This is another example of how anyone with information who is seeking the truth, we want to know about it."
In court, a judge said she was "thrilled that justice has been served."
Eiglarsh responded, "He is innocent and he is out and we are grateful for what the state did."
