For days, Frank Tumm had been yelling at his neighbors, Dyma Loving and Andriana Green, calling them “hookers” before they responded by calling him a “faggot.”
Tumm responded by pulling out a shotgun and threatening to shoot them. The women responded by calling 911.
Miami-Dade police arrived and tackled Loving, falsely arresting her on charges of disorderly conduct and resisting arrest without violence.
But police body cameras exposed the lie, resulting in charges being filed against Miami-Dade police officer Alejandro Giraldo as well as the false charges against Loving being dismissed.
On Thursday, a jury convicted Giraldo on felony official misconduct and misdemeanor battery, according to the Miami Herald.
Giraldo is facing up to five years in prison. A sentencing date has not been scheduled as of this time.
The incident took place on March 5, 2019 after several Miami-Dade police officers responded to their 911 call about a man threatening them with a shotgun.
The cops listened to their story and asked why they had not called police days earlier after the man had called them hookers. They then demonstrated why cops should only be called as a last resort.
According to the lawsuit filed by Loving against the Miami-Dade Police Department, specifically mentioning Giraldo and another cop named Juan F. Calderon:
The body camera and cell phone videos show that after Officers Giraldo and Calderon arrive at the scene, they immediately begin to aggressively interrogate Ms. Loving and Ms. Green. The first question he asks the two is “which one of you called him (Frank Tumm) a faggot?” which Ms. Green responded with “I did, after he called me a hooker.” Officer Giraldo then asks who used the derogatory term first. Ms. Green then lets Giraldo know that Tumm had been calling her names “over the past few days” and Officer Calderon asks why she had not called the police before. Ms. Green then stated, “Why would I call the police for him (Tumm) calling me names?” followed by “but this time he pulled out a freaking gun.”
Ms. Green then tells the officers that there are cameras around that would have captured what happened.
Giraldo then asks, “where are they,” in reference to the cameras.
Ms. Loving responds by pointing the officers to the direction of cameras, and then says, “yall (in reference to the officers) need to do something.” Giraldo then responds in an aggressive manner by telling Ms. Loving “you need to chill out or you will be arrested,” as he quickly approaches with handcuffs and speaks directly in her face.
Ms. Loving then stated, “I had a gun pointed in my face, I just want to call mykids.”
Body camera worn by Officer Giraldo and Ms. Green’s cell phone did not capture any acts of disorderly conduct by Ms. Loving or an attempt at resisting arrest by Officer Giraldo.
The police narrative fell apart after Green posted a cellphone video days after the arrest, exposing the lie. The story was picked up by the media including PINAC resulting in charges against the women being dismissed as well as the cop being placed on suspension.
Less than two weeks later, police released body camera footage of the arrest. They also arrested Tumm, the neighbor with the shotgun, on two counts of felony aggravated assault with a deadly weapon.
However, the Miami-Dade State Attorney’s Office never formally filed the charges, resulting in no further action being taken against Tumm, according to online court records.
Less than two months after the false arrest, Giraldo was charged with one count of felony official misconduct and one count of misdemeanor battery and Loving had file her lawsuit.
Calderon, the cop who assisted Giraldo with the false arrest, was never charged.
In August 2020, Calderon shot and killed a man, claiming he was in fear for his life after the man came charging towards him with a machete. However, the Miami Herald posted a surveillance video that showed that was not exactly the case.
New surveillance video, as well as interviews with a neighbor and law enforcement officials, shed new light on last Friday’s shooting — when the department claimed the 27-year-old Hernandez “charged towards” Miami-Dade Police Officer Juan Calderon while armed with a machete.
The video, taken from a neighbor’s surveillance system, doesn’t appear to show a full-steam charge, but rather Hernandez turning toward Calderon after being shot with a Taser stun gun by another officer. The neighbor told the Herald that Hernandez, who was partially paralyzed and dragged his leg when he walked, was blocked from going back inside his home. “He turned back because he had nowhere to walk, they tasered him, he drops the machete and then he gets shot,” said the neighbor, who asked she not be identified for fear of retaliation.
It does not appear as if Calderon was ever investigated over the discrepancies in that report.
Miami-Dade State Attorney Katherine Fernandez Rundle issued the following statement on Facebook, not making any mention of the other cops who went along with Giraldo’s fabricated arrest.
“While the vast majority of officers are good, honest, and hard-working individuals who place their lives on the line for us each and every day, there are some who are not worthy of carrying the badge. The excessive and unnecessary use of force in this case and the subsequent altering of Ms. Loving’s arrest report, is unacceptable.”
Read Loving’s lawsuit here. Watch the video of her arrest below.