A Florida police officer who threatened and shoved a Black woman after she called for help is facing time in prison after being convicted by a jury on Thursday.
Former Miami-Dade Police Officer Alejandro Giraldo was arrested in May 2019 after prosecutors discovered that he lied on arrest and incident reports. He has been convicted on battery and official misconduct charges.
“Police officers can put their hands on people to effectuate a lawful arrest. If the arrest is unlawful, they have no more rights than the rest of us,” Miami-Dade County prosecutor Tim VanderGiesen said. “And he sure as heck can’t tackle her to the ground.”
Dyma Loving called Miami-Dade County police on March 5, 2019, and reported a neighbor pointed a shotgun at her and a friend and threatened to kill them.
He also allegedly hurled sexist and racist slurs at the two women. Police body camera footage shows Giraldo charged at Loving when she raised her voice and urged officers to arrest the gunman. He then pushed Loving on the fence and then pulled her down to the ground by her neck.
VanderGiesen said the officer was “offended” because the women told him to do his job. Loving was arrested and charged with disorderly conduct and resisting arrest. The charges were later dropped. The police did not arrest the neighbor until days later, after the video was released.
“Y’all need to do something,” Loving said.
“Oh, you need to chill out,” Giraldo said.
“I just asked if I could go next door and call my kids,” said Loving, a mother of three.
“You need to chill out because now you’re going to be arrested. You’re being disorderly right now,” Giraldo said.
At one point, Giraldo said Loving “needed to be Baker Acted.” Florida’s Baker Act authorizes involuntary mental evaluation of a person who appears to be a harm to themselves or someone else.
Giraldo wrote in his report that Loving did not follow his commands and was “causing a scene.” The officer’s attorney added that the women were “riled up” and “out of control,” but Giraldo was simply doing his job despite his “bedside manner” being off.
Three other officers who responded made statements concluding that Loving did not use words or actions that served as a threat.
“Yes, I was yelling, but my adrenaline was pumping — I almost just lost my life,” Loving told reporters after the incident. “I never threatened anyone. I was just pleading to speak with my kids.”
Loving has filed a civil rights lawsuit against the Miami-Dade Police Department, Giraldo and another police officer.
Giraldo faces up to five years in prison for the official misconduct charge, a third-degree felony.
“We’re disappointed,” Giraldo’s attorney Andre Rouviere said. “We thought we’d established they couldn’t prove the charges beyond a reasonable doubt. I guess the jury saw it a different way. We have to accept the jury’s verdict.”
