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Home My WebLink AboutR-93-0146- 1 J-93--174 2/24/93 9 3 -- 146 } RESOLUTION NO. y: A RESOLUTION AUTHORIZING THE PAYMENT OF } $20,000 IN FALL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEY'S FEES AND COSTS INCURRED BY FORMER MIAMI POLICE DEPARTMENT OFFICER BRADFORD BEAVER, IN THE CASE OF STATE OF FLORIDA VS. BRADFORD BEAVER, CIRCUIT COURT CASE NO. 90-83250, TO THE LAW FIRM OF KLAUSNER AND COHEN, P.A., TRUST ACCOUNT; ALLOCATING FUNDS THEREFOR FROM THE CITY OF = MIAMI'S SELF-INSURANCE AND INSURANCE TRUST 1 FUND. — _ WHEREAS, Bradford Beaver, a former police officer, employed by the City of Miami Police Department, was charged with certain. '# criminal offenses arising out of certain actions taken by him while in the course and scope of his employment as a police officer; and WHEREAS, former Officer Beaver was acquitted of said charges as made in the case styled State of FloridEL yBradf'ord Beams, Case No. 90-83250; and WHEREAS, under such circumstances, Florida Statute 111.065 authorizes the employer to pay the legal costs and reasonable attorney's fees for any law enforcement officer in any criminal action commenced against such law enforcement officer in any court when the action arose out of the performance of his official duties; and CITY COMKMgAON NBLTWG OF MAR 1 i M3 R..hmso. 93- 146 W WHEREAS, former Officer Bradford Beaver, in the defense of the charges, incurred attorney's fees in the amount of $29,380.00 and costs in the amount of $1,827.33; and WHEREAS, said attorney's fees and Costs have been investigated by the Office of the Qity Attorney and after negotiations thereon, it was determined that while the initial fees charged were in themselves reasonable, a more favorable compromise amount for both attorney's fees and costs (inclusive) is $20,000; and WHEREAS, the Law Firm of Klausner & Cohen, P.A. is authorized to negotiate on behalf of former City of Miami Police Officer Beaver and to receive payment in his behalf in regard to this matter; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and inoorporated herein as if fully set forth in this section. Section 2. The payment of $20,000 in full settlement of any and all claims for attorney's fees and costs incurred by former City of Miami Police Officer Bradford Beaver in the case of State of Florida y. Bradford Beaver, Circuit Court Case No. 90-83250, to the law firm of Klausner & Cohen, P.A., Trust Account, is hereby authorized, with funds therefor hereby allocated from the City of Miami's Self -Insurance and insurance Trust Fund. -2- 93- 146 r 29 XAVIER L , 1993. , MAYOR Seotion 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this ll.th day of ATTEST: MA HIRAI, CITY CLERK BUDGETARY REVIEW: WSURANA ITY MANAGER PREP AND VED BY: LE M. VlkTEL ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: LMF/om/osk/M3466 -3- INTER -OFFICE MEMORANDUM CAw12 TO . DATE FILE Honorable Mayer and Member of February 24, 1993 the City Commission SUBJECT Resolution Authorizing Payment of Legal Expenses Case No. 90-83230 FROM : A . nn d es, IIz REFERENCES : City Commission Agenda City Att ey March 11, 1993 ENCLOSURES: The attached proposed resolution authorizes the payment of attorneys' fees and costs inourred by former Polioe Offioer Bradford Beaver in the case of State of Florida vs. Bradford Beaver, Circuit Court Case No. 90-83230 to the law firm of Klausner & Cohen, P.A. in full and complete settlement of any and all claims for attorney's fees. The oomplete evaluation of this olaim is contained in the attached summary letter and oost itemization. The original fees and costs have been favorably negotiated to an amount of $20,000. This olaim has been investigated by the Office of the City Attorney, approved by the Risk Management Division, and is hereby recommended by this office. Encs. LMF:osk 93- 146 C014EN. RA =_ `t ATTO R N E"S AT L A W Ij SU!TE 200 _ {i 6�05 TACT STaEET 11 HOLLYWOOD FLORIpA 3302n = � FROWARD. (305) 981.1222 t — OADE (305) 620.6565 ''- - FAX: (305', 981.0088 March 23, 1992 The Honorable Xavier Suarez Mayor - City of Miami P.O. Box 330708 Miami, FL 33233-0708 Re: Officer Bradford Beaver - Dear Mayor Suarez: On July 4, 1990, Officer Bradford Beaver, an 11-year veteran of the police department and his partner were on general patrol in the - vicinity of Charles Hadley Park, the scene of the Miller Dawkins Independence Day Picnic. While in their patrol car on a street_ bordering the park, they observed a car coming from the opposite direction being driven in an erratic manner and whose two occupants looked nervously at the patrol car as it passed. Officer Beaver and his partner (who was the driver) suspected that the car may be stolen and turned their police vehicle around to follow the car in order to obtain the license ,.number for a computer check. The.driver,of the other•car, realizing that he was being followed, made -a screeching turn into the parking lot of Hadley Park and ran into a parked vehicle. The two occupants of the car threw open the doors' and began to run. The police officers left their vehicle and saw that the steering column of the other car was cracked, a common procedure used by*. auto thieves to start the ignition of cars without a , key. Of f icer Beaver. and his partner then began the chase of the suspects which took them in and out of the park, through an adjoining neighborhood,'and finally back in to the other side of the park. ...This chase took place in the afternoon heat of over 90 degrees.-,., _ During.: the -chase, neither Officer Beaver nor his partner ever drew their -weapons:' They utilized their radios in communicating with one another and in requesting backup officers to assist. Prior to any back up, -officers arriving, however, Officer Beaver was able to tackle one of the fleeing suspects, the driver, in the confines of the park. The suspect continued to resist while on the ground, 93-- 146 — Mo F x.t " t 3 � The Honorable Xavier Suarez Mayor - City of Miami October 3, 1991 Page 2 requiring Officer Beaver to strike him in order to subdue him and handcuff him. The second suspect escaped apprehension. A subsequent records check revealed that the vehicle had in fact been stolen the day before. After the arrest was made by Officer Beaver and other officers arrived on the scene, a small gathering of bystanders began yelling that Officer Beaver had utilized the suspect. A Miami police sergeant was called to the scene and ordered witnesses interviewed. Five people claim to have been witnesses to the arrest, each from a different vantage point. Two of the people claim to have seen the events from their backyards adjacent to the park.. All stated that he or she saw officer Beaver severely beat the suspect after he was tackled and still on the ground. One even claimed that he followed Officer Beaver and the suspect back to the vehicle where he saw Officer Beaver ram the suspect's head repeatedly into the hood of the car. None said the suspect offered any resistance. The witnesses were all interviewed in the presence of one another. No effort was made by the investigating officers to determine the actual distance from which the witnesses claim to have seen the arrest nor was there any attempt to locate any other people who may have witnessed the arrest. The suspect was then interviewed. He claimed that he had given up when he was tackled and had been beaten for no reason. He denied, however, that his head was ever beaten in the car. Although the suspect showed no signs of physical abuse he was taken to Jackson Memorial Hospital for examination. While at the hospital, the suspect advised the examining doctor that his injuries were caused by a fall to the ground! and, indeed, a thorough examination of the suspect revealed nothing more than minor bruises consistent with the suspect striking the ground. Although Florida law and City of Miami Rules and Regulations permit a police officer to use reasonable force to apprehend a fleeing felon, and although the physical evidence was inconsistent with the description of witnesses of a severe beating, and although the witness statements were inconsistent with each other in many details, and although no further investigation was done beyond interviewing the witnesses who made the complaints, Officer Beaver was formally charged with a crine of misdemeanor battery by the State Attorney's office. In the course of Officer Beaver's defense, it was determined from the City of Miami Parks Department that a large number of City employees were working on July 4th because of the Commissioner's Annual Picnic. After obtaining the names of those City employees, it was determined that a City of Miami electrician who had been 93- 146 t 3 The Honorable Xavier Suarez Mayor - City of Miami October 3, 1991. Page 3 assigned to the park witnessed the arrest from a distance of 20 feet. He stated that the suspect was running at full speed when Beaver tackled him. While on the ground, the electrician testified that the suspect did not give up but continued to resist, making a turn towards Officer Beaver as if to strike him. According to the witness, Officer Beaver quickly subdued the suspect with a minimal amount of force that was clearly intended to stop the resistance and not to inflict pain. It should be noted at this point that Officer Beaver is white. The suspect and the witnesses interviewed by the police are black. The City of Miami electrician who stated that the suspect resisted and that Officer Beaver used no more than minimal force is black as well, thereby dispelling any issue of racial animosity by Officer Beaver. In fact, at trial, one of the initial witnesses admitted that he lied regarding his observation of the events. A three-day trial ensued in county court. In closing argument, the Assistant State Attorney, apparently out of desperation, argued that Officer Beaver should have fired a warning shot (in a crowded park) instead of physically apprehending the suspect. A warning shot would of course not only been contrary to the City of Miami Police Policy, but would also have violated state law. Additionally, it would have shown reckless disregard for the safety of many people in the park that afternoon. Officer Beaver's case was tried before a biracial jury and he was acquitted after a short period of deliberation. In order to defend himself, Officer Beaver was required to resign from the police department in order to utilize monies accrued in his pension account as well as accumulated leave time. He incurred legal fees in the amount of $29,350.00 and unreimbursed costs in the amount of $1,527.33. Florida law clearly provides that an officer who is charged with a crime arising out of the performance of his official duties and who is later acquitted is entitled to reimbursement for legal expenses incurred in the defense of that matter. The City of Miami Law Department does not provide legal assistance to officers accused of criminal conduct in the course of their police duties and, therefore, Officer Beaver was required to seek outside assistance. Accordingly, Officer Beaver requests the City of Miami to reimburse him in the amount of $30,877.33 for attorneys' fees and costs. An itemization of the hours spent and the fees and costs incurred is attached to this letter. 93- 146 The Honorable Xavier Suarez Mayor - City of Miami October 3, 1991 Page 4 Please place this matter on the agenda of the City Commission for consideration. RDK:jm Enclosure cc: Cesar odio, City A. Quinn Jones, I__ __ 1 e F IMP Out of Court: Research and preparation of written motions and pleadings (10/2/90 - 9/27/91): appearance, plea, discovery demand, motion to take depositions, deposition notices and subpoenas, motion to show cause, motion to compel, discovery compliance, motion in limine, supplemental authority, objections to videotape deposition, misc. motions, letter agree- ment, misc. letters, jury instructions, motion for costs, motion for return of defense exhibits 15.00 hrs. y. prepare for 14 depositions (2/ 19 - 7/9/91) 16.50 hrs. Attend depositions: (2/19, 2/21, 3/4 3/5, 3/7, 3/19, '} 13.75 hrs. 3/22, 4/12, 5/30, 6/4 and 7/9/91 (videotape)) Attorney investigation: At scene of crime (3/7/91) 3•00 hrs. Examine witness's personnel file at State Office (5/16191) 1.50 hrs. 93- 146 ! A Prepare for trial (8/16 - 9/12191): Outline depositions, legal research, prepare cross- examination of State witnesses, meet with and prepare direct examination of defense witnesses, prepare exhibits, prepare opening statement, prepare closing argument Total Out of Court In Court: Court Appearances: Arraignment (10/9/90) Motion for Order to Show Cause/Exclude Testimony (4/2/91) Trial (9/ 10 - 9/ 13/91) Motion to Tax Costs (10/8/91) Total In Court 37.50 ha. 97.25 hrs. C$200.00/hr........ $ 19,450.00 .50 hrs. .50 hrs. 3 1. 00 hrs. 1.90 hr. 33.00 hrs. 0 $300.00/hr......... $ 9.900.00 Total Attorney's Fees $ 29,350.00 UNREIMBURSEp COSTS: Investigator $ 1,452.97 Xerox (219 pgs. 0 $.25) 54.75 Postage 19.61 Total Costs $ 1,527.33 $ 1.527.33 ToW Attorney's Fees & Costs $ 30,877.33 2 93- 146 r