A second lawsuit has been filed as a result of the police involved shooting last summer, in which NMPD Officer Jonathan Aledda shot an unarmed black man with his hands up.

The victim, Mr. Charles Kinsey, filed a federal lawsuit against North Miami and Aledda last year.

The Miami Herald was the first to report yesterday that the family of Arnaldo Rios, the 27-year old autistic man who was unwittingly at the center of the chaos, and who was in Mr. Kinsey’s care, has filed a lawsuit in federal court alleging that his civil rights were violated.

“The lawsuit claims that police intentionally inflicted pain and suffering on Rios and that he was was falsely imprisoned. It also argues that Rios was battered and assaulted, that his movement was limited and that the police conspired to imprison and falsely arrest Rios.”

In what must have been an agonizing ordeal for the severely autistic man, the article reported that Officer Kevin Warren placed handcuffs on Rios, who was restrained for 20 minutes on the ground, and then for two more hours in the back seat of a police car, where “a bystander near the police vehicle where Rios was held heard ‘animalistic sounds and screeching noises’ coming from inside.”

Upon arriving at the police station, Rios continued to be handcuffed for an additional four minutes while he was being interrogated.

According to the Herald:

“His family said police wouldn’t allow anyone to accompany Rios during the interview. A video obtained by the Miami Herald shows Rios responding to questions in a high-pitched voice that family members say he only uses when stressed. Clearly confused, Rios answered “yes” to almost every question.

At one point he stood, turned and indicated to the officer he wanted the handcuffs removed from his wrists. Finally, the officer, getting nowhere, released Rios.”

The video of Detective Michael Gaudio’s interrogation of Mr. Rios is painful to watch:

Police Benevolent Association (PBA) President John Rivera despicably accused the Rios family’s lawsuit “an artful and flippant claim.”

We’re sure he’d be singing a different tune altogether if he had an autistic son who was “treated like an animal” and held “in the back of a car like a dog” for two hours.

Just saying.

Like Rivera, the officers who had direct contact with Mr. Rios apparently had no clue how to deal with, or even recognize, this disorder.  There is nothing “flippant” about autism, especially in its most severe form.

As a result of their complete mishandling of Arnaldo Rios from the get go, every single officer of the North Miami Police Department has had to undergo autism training.

We can only hope it worked.

In addition to the City of North Miami, the family of Arnaldo Rios is also suing Officer Warren and Detective Gaudio, as well as the shooter, Officer Aledda, who was ultimately charged with two counts of attempted manslaughter and two counts of culpable negligence.  The lawsuit also names North Miami police officers Angel Requejado and Kevin Crespo, although the article does not state why they are included.

One name that’s curiously omitted from the list of defendants is Commander Emile Hollant, the man who has been scapegoated for this unjustified shooting by North Miami Police Officer (and SWAT team member) Jonathan Aledda, who actually pulled the trigger.

Gee, I wonder why that is.

Oh, wait.  No, I don’t.

Considering that…

• The State Attorney’s Office had already issued a Close-Out Memo on August 2, 2016 clearing Commander Hollant of all wrongdoing;
• Which decision was reiterated in an email from Chief Assistant State Attorney Jose J. Arrojo on April 5, 2017, reiterating that “there was no intent by Commander Hollant to mislead or obstruct investigators;” and
• After a thorough investigation of the shooting, on April 11, 2017 the Florida Department of Law Enforcement issued an affidavit, which never once indicated that Commander Hollant was in any way responsible for the shooting.

Little wonder the Rios family didn’t include Commander Hollant in their federal lawsuit.

In a desperate attempt to pin all the blame on Hollant, former police investigators Assistant Chief Larry Juriga and Commander Angel Rivera (who was also Aledda’s SWAT team leader) falsely accused Hollant of giving them “conflicting statements” about his involvement in the shooting.  Because of their duplicity, Juriga was transferred to Sanitation and Code, and Commander Angel Rivera was transferred to Patrol.

And yet, there is still an active witch hunt “ongoing and open investigation” of Commander Hollant, who has been on paid administrative leave for nearly ten months.

In the lawsuit filed yesterday, the Rios family is claiming that “the police conspired to imprison and falsely arrest” the young man.

Considering the organized effort by Juriga and Rivera to place the blame on Commander Emile Hollant for the shooting … well, color us not shocked.

If city officials enjoy spending taxpayer money to defend lawsuits instead of eradicating their police department’s deep-rooted culture of corruption, who are we to spoil their fun?

Oh, and good luck getting voters to approve that municipal bond.

Just saying.

North Miami residents deserve better.

Stephanie

UPDATE:  Exclusive story and video by NBC Miami‘s Willard Shepard: