North Miami Police Shooting Victim Sues Department for Excessive Force

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Charles Kinsey has recently been brought into the media spotlight, however, not for reasons he would have liked. He was shot by a north Miami Police Officer as he laid in the middle of the street with his arms in the air. Kinsey, a mental health counselor, was attempting to coax a patient back to their facility. The shooting occurred after a caller told police that a man was sitting in the road and was threatening suicide. The caller never saw a gun, but speculated what the item in the man’s hand could be. It turned out to be a silver shiny toy truck. A police officer attempting to shoot the seated man, shot Kinsey instead. This prompted a law suit by Mr Kinsey as was announced this week.

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Cell phone video captured Charles Kinsey pleading with police. He yells to them that he is a therapist and that there is no need for firearms. The officer who shot Kinsey, was identified as North Miami officer Jonathan Aledda. According to Kinsey, after being shot in the leg, he asked Aledda why he opened fire on him. Aledda’s response was “I don’t know.”

Kinsey was attempting to bring his patient back to their nearby facility. The patient was an autistic adult male suffering from emotional difficulties. John Rivera, the president of the local Police Benevolent Association stated “It appeared to the officers that the white male was trying to do harm to Mr. Kinsey. In fearing for Mr. Kinsey’s life, the officer discharged his firearm trying to save Mr. Kinsey’s life and he missed.” Yet another situation where the unjustified actions of a rookie cop will be undoubtedly upheld, due to the predictable “I was in fear” excuse that we have heard so many times.

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The lawsuit was filed in federal court this month. It alleges that Officer Jonathan Aledda used excessive force and wrongfully detained him. The suit also makes the allegation that North Miami Police, including Ofc. Aledda, failed to provide the necessary care after they realized that there was no weapon, prior to the ambulance arriving. “By failing to render aid, Officer Aledda allowed Mr. Kinsey to unnecessarily bleed out on the ground for a significant period of time, which further exasperated Mr. Kinsey’s recovery time for his injuries,” the suit reads.

Kinsey’s patient, Arnaldo Rios, was having an emotional episode and carried with him only a toy truck. On the video – which was shot from some distance – it is obvious that the man is not armed. Why Ofc. Aledda felt the need to open fire in a situation where a man on scene was warning him there was no firearm, is beyond the scope of a reasonable person.

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Aledda has fallen from his standing as Officer of the Month in October, 2014. Aledda followed the trend of all the recent police involved in shootings, having only four years on the job. The lack of experience of that the officers involved in these shootings had, is a definitive factor in the tragic outcomes.

After only four years, Aledda was trusted with an assault rifle and placed on the SWAT team. North Miami city manager Larry Spring remarked on the incident, stating that Officer Aledda is solely responsible for the shooting. He also went on to say that he does not believe that the North Miami PD receives an adequate amount of training.

The supervisor who was on scene with Ofc. Aledda, identified as Cmdr. Emile Hollant, was suspended for his actions involving this case. Hollant radios dispatch from the scene, advising them that a man was loading his weapon. After the video surfaced, it was apparent that Hollant’s statements were blatantly fabricated, as no gun was ever recovered. Hollant is also on the hot seat for stating that he was not on scene at the time the shooting occurred, rather that he was walking back to his car to get binoculars. This was contradicted by audio recordings of radio transmissions immediately after the shooting in which Hollant can be heard. North Miami Police now admit that no gun was ever in play during this incident. Hollant is on administrative leave, however he is still receiving his paycheck.

The agency also came under fire for being unable to maintain its law enforcement accreditation. They were advised to remove their application for law enforcement accreditation renewal until they could resolve some of the internal problems they faced. The police department appears to need a major overhaul, as it is unable to maintain the very basics of law enforcement standards. Ofc. Aledda and Cmdr. Hollant are still out on leave, pending further investigations.

Sources: Miami Herald, The Root, Filming Cops.


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