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MIAMI, FL — Criminal charges have been filed against a Miami-Dade Police officer after a a video surfaced on social media last month that appears to show the officer arresting a woman who had a shotgun pointed at her during an earlier altercation with a homeowner. The woman was identified as 26-year-old Dyma Loving, who was accused of being “belligerent” when she was taken into custody.
“After taking the sworn statements of Ms. Dyma Loving, Ms. Adrianna Green, all the other available witnesses and reviewing all the known video evidence, we believe that there is sufficient evidence to charge a violation of Florida’s criminal statutes,” said a statement from the office of Miami-Dade State Attorney Katherine Fernandez Rundle in announcing the charges Friday.
Officer Alejandro Giraldo, who was relieved of duty shortly after the incident, has been charged with one count of official misconduct, a third-degree felony and one count of battery, a second-degree misdemeanor, according to the State Attorney’s Office.
He is expected to be arraigned in 21 days, which should occur around May 24. The officer’s bond has been set at $5,500.
“An arrest of one of our own is disappointing and overshadows the hard work of the
dedicated men and women of law enforcement, who strive daily to serve and protect our
community,” said Miami-Dade Police Director Juan J. Perez in a statement released shortly after the arrest was announced. “This particular case underscores our commitment to cooperate and work together with the Miami-Dade State Attorney’s Office in our continued effort to hold ourselves accountable.”
Miami-Dade police became aware of the video on March 7, two days after the incident occurred around 10 a.m. at SW 113th Place and SW 201st Street.
“An investigation into the entire incident is currently ongoing and I, upon its conclusion, I will hold those that violated any of our policies and/or procedures accountable for their actions or lack thereof,” Perez promised at the time.
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A police report said the woman was placed in handcuffs when she became “belligerent” and “would not obey commands” as she was discussing the earlier altercation with Miami-Dade officers. She was charged with two misdemeanors — resisting an officer without violence and disorderly conduct.
“Ms. Loving was asked to stop screaming and cooperate,” said the police report. “Ms. Loving was advised that the investigation was interrupted by her screaming and disruptive behavior. Ms. Loving continued screaming at the officers, would not obey commands and was arrested.”
Shaunna Thomas, co-founder and executive director of UltraViolet, a national women’s organization, praised the decision to bring charges against the officer. The group said Loving spent 15 hours in jail.
“Today’s decision by the State’s Attorney to press charges against Officer Giraldo for attacking Dyma Loving was the right decision and an important step to make sure that police violence against black women is not swept under the rug,” said Thomas.
“When Dyma Loving called the police, she needed protection — but what she got was violence and abuse. That’s unacceptable, but unfortunately, this type of violence against black women happens all too often, and can be deadly, as in the cases of Rekia Boyd and Sandra Bland,” Thomas added.
Police were initially called to investigate an incident in which Loving and another woman, Adrianna Green, claimed to have been involved in an altercation with a homeowner as they were walking along a sidewalk past the man’s home. The women said that the man called Green a “whore.”
The homeowner, identified as 50-year-old Frank Tumm, allegedly pointed a shotgun at the two women and threatened to shoot after Green threw a plant in response to his derogatory comment. Tumm initially denied having a gun, but a witness later confirmed the women’s account.
Watch as the woman is taken into custody below:
“It is clear that Officer Alejandro Giraldo is a danger to the public and cannot be trusted to serve or protect,” added Thomas.
UltraViolet said that more than 28,000 people signed a petition calling on the Miami Dade Police Department to fire Officer Giraldo. In April, members of UltraViolet, joined by local activists and advocates from Color of Change held a press conference outside the State’s Attorney office demanding justice for Dyma Loving.