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Thursday
Dec092004
Thursday, December 9, 2004 at 08:25PM
Three Miami Beach police officers have been suspended with pay
amid allegations that they severely beat and subsequently broke the
nose of a man who had been tossed out of a popular South Beach
nightclub. Officers Elio Cruz, German Gutierrez and John Pereira had
been placed on desk duty pending an internal affairs probe. But the
three were then suspended with pay on Friday, Miami Beach police
spokesman Robert Hernandez said.
The internal affairs investigation stems from the Nov. 7 arrest of New
York City resident Guillermo Cartagena. According to the police report,
Cruz, Gutierrez and Pereira had been working off duty as outdoor
security for Opium Garden.
Cartagena, the report said, became unruly when asked to leave the
premises. He then claimed to be a New York City police officer and
swung at the officers, striking Gutierrez in the chest and Cruz in the
shoulder. Cruz punched Cartagena in the face, then used a Taser stun
gun while Cartagena was on the ground because he continued to kick and
fight, police said. Cartagena was arrested and charged with intentional
battery on a police officer, resisting arrest with violence, disorderly
intoxication and impersonating a police officer. But Cartagena's
parents, two retired New York City police officers, filed an excessive
use of force complaint with the department's internal affairs unit,
claiming their son was the victim of police brutality. On Tuesday, the
charges against Cartagena were dropped after testimony from an
independent eyewitness determined that the case ''could not be proved
beyond a reasonable doubt,'' said Ed Griffith, a spokesman for the
state attorney's office. Cartagena's attorney, Keith Seltzer, said the
officers fabricated details on the police report. ''The police beat up
my client, caused severe injuries and then fabricated an entire story
to justify what they did,'' Seltzer said. [more]
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