A former Miami-Dade Police officer who had been found guilty of misconduct during a 2019 arrest has had his convictions overturned, according to court documents. The previous sentence, which arose from an incident involving a rough arrest caught on video, was reversed by an appeals court on grounds that the officer did not "knowingly or intentionally" falsify an official record or document as reported by WSVN.
The overturned sentence concerns former Field Training Officer Alejandro Giraldo, who in 2022 was sentenced to jail and probation after a jury convicted him of battery and official misconduct for the altercation with a young Black woman; the case drew public outcry two years prior when footage depicting the officer's aggressive handling of the woman emerged, Giraldo was convicted after he was captured on cellphone video throwing the woman to the ground and placing her in handcuffs, which didn't jibe well with the community especially in light of the national climate centered around police reform and the Black Lives Matter marches.
In a recent ruling, the 3rd District Court of Appeal in Miami determined that Giraldo’s interpretation of the events, which he documented in an arrest form, could not be proved to be an intentional misrepresentation, as indicated by information obtained from the Miami Herald, the implication here is that subjective perceptions cannot meet the threshold for criminal falsification, marking a notable precedent in legal challenges to police accountability. The appeals court's view has been described as unexpected by some in the local legal community, given the initial conviction was based on what seemed a straightforward demonstration of excessive force.
Despite the overturn of his conviction, should Giraldo seek reinstatement, he will have to reapply for certification as a police officer and face an Internal Affairs investigation; this, however, hasn't stopped Giraldo’s attorney, Andre Rouviere, from expressing his satisfaction with the ruling, telling the Miami Herald, "Thrilled and satisfied are the terms I’d use," while Miami-Dade State Attorney Katherine Fernandez Rundle conveyed her disappointment, emphasizing the formidable legal protection officers possess which can complicate the prosecution process. The overturn surprises both the public and former Miami Police director who was at the helm during the incident, with the former stating, "A jury decided it," and citing the weight a unanimous jury decision should carry.
