Billy Corben Instagram – Florida appeals court overturns jury conviction against Miami-Dade PD Officer Alejandro Giraldo for battery and official misconduct after he violently falsely arrested Dyma Loving, 26, a crime victim who called 911 when a white neighbor called her a “hooker,” pointed shotgun at her, and yelled “I’m gonna shoot you in the f*cking head” — then Giraldo lied in his police report to cover it up #BecauseMiami
The three-judge 3rd District Court of Appeal in Miami ruled the state’s argument that Giraldo falsified the arrest form was “subjective.” Since intent could not be proven, the court said the battery charge would also be dismissed.
“… the State attempts to criminalize a whole new category of statements relying on subjective opinions and perceptions, as opposed to objective falsehoods. Because Giraldo’s subjective interpretation wasn’t clearly refuted by objective facts, it didn’t—and couldn’t—rise to the level of intentional falsification…”
Giraldo was sentenced to 364 days in jail and 18 months probation, but only spent part of the day he was convicted in jail. He’s been released on bond pending appeal ever since.
According to the Miami Herald: “Giraldo, a Field Training Officer before his termination, is expected to move to reclaim his job and seek back pay for salary and benefits that could be in the hundreds of thousands of dollars. If he chose to return, Giraldo would also have to apply for re-certification as a police officer from the state, which was stripped from him after his conviction. And he’s expected to try and reclaim his pension, which he also lost.” | Posted on 03/May/2024 22:04:20
