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Ch. 870 AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBL
CHAPTER 870
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES
870.01
Affrays and riots.
870,02
Unlawful assemblies.
870.03
Riots and routs.
870.04
;Magistrate to disperse riotous assembly.
870.041
Preservation of the public peace by local
authority.
870,042
Designation of local authority.
870.043
Declaration of emergency.
870.044
Automatic emergency measures.
87R045
Discretionary emergency measures.
870.046
Filing and publication.
870.047
Duration and termination of emergency.
KR048
Violations.
870.05
When killing excused.
870.06
Unauthorized military organizations.
870.01 Affrays and riots.-
111 All persons guilty of an affray shall be guilty
of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
121 All persons guilty of a riot, or of inciting or
encouraging a riot, shall be guilty of'a felony of the
third degree, punishable as provided in s. 775.082, s.
775.083, or s. 1-75.084,
History.—. 35. Feb 111. 19:12. RS 12,19. RGS .5072. ('(IL 7174. s
i. , h 674117.. 1125. ch 71 IN
870.02 Unlawful assemblies.—If'three or more
persons meet together to commit a breach of the
peace, or to do any other unlawful act, each of them
shall be guilty ofra misdemeanor of the second de-
gree. punishable as provided in s. 775.082 or s.
?75.083.
History. -its 2407. GS 3240. RGS 5117:1. (•GI. 7175. , I I26. ch 71 1 16
,I P76 03, >76114 An.vch�. Cnm.^.rar,lim, etc . unlAN IUi A..v.'R1bit 1,,1 pur
870.03 Riots and routs.—I1'any persons unlaw-
fully assembled demolish, pull down or destroy, or
begin to demolish, pull down or destroy. any dwell-
ing house or other building, or any ship or vessel,
each of them shall be guilty of a felony of the third
degree. punishable as provided in s. 775.082, s,
775.083, or s. 77 5.084,
Histon. 7 rh 1637. 1�6s ILLS 2411-.,i.S .i241. ItGS 51I74, CGI, 717ti, s
Ii27,,h 71116
870.04 Magistrate to disperse riotous assem-
bly. —It' any number of persons, whether armed or
not, are unlawfully. riotously or tumultuously as-
sembled in any county, city or municipality, the
sheriff'or his deputies, or the mayor, or any commis-
sioner, councilman, alderman or police officer of the
said city or municipality, or any officer or member
of the Florida Highway Patrol, or any officer or
agent of the Game and Fresh Water Fish Commis-
sion, Department of'tiatural Resources, or beverage
enforcement agent, any personnel or representa-
tives of the Department of Law Enforcement or its
successor, or any other peace officer, shall go among
the persons so assembled, or as near to them as may
he with safety, and shall in the name of the state
command all the persons so assembled immediately
and peaceably to disperse; and if'such persons do not
thereupon immediately and peaceably di,,,,, -
officers shall command the assistance A
persons in seizing, arresting and securinv ..�,
sons in custody; and if any person preA*,nt t. -,
commanded to aid and assist in seizing ;Ind
such rioter or persons so unlawfully a:sc•mbl,.i .
suppressing such riot or unlawful Issemhiti
or neglects to obey such command• or, when r,.; .-I
by such officers to depart from the place, rt•t,1.,. ,.
neglects to do so, he shall be deemed one 11t
ers or persons unlawfully assembled, and
prosecuted and punished accordingly
History.—v% 1, 4 ch 1637. 1869, Its 2409. GE 1j4_ Rc, •.
ss 1, chs 61-223 and 61.237, s 1, ch 67 2'203. s 3 n'
ch 69 1116, s 34. ch 73 334. s 1, ch ;7474. s 29,
870.041 Preservation of the public
local authority. —In the event of overt act,,,I ,
lence, or the imminent threat of such violence a
in a county or municipality and the (im,ern„r
not declared a state of emergence to exist, I,K.,i
cers shall be empowered to declare such a •t,r,•
emergency exists in accordance with the pm)(;•. •,
of ss. 870.041-870.048.
Nistory.—s 1. ch 70990
870.042 Designation of local authority. -
(11 The sheriff' of each of the several count:..
this state, or such other county official ha%ItI4
duties of'a sheriff' in counties operating und(•r
rule charter, by whatever name known, shall
powered to declare that a state of emergent} e�.• .
within the unincorporated areas ofthe county and
exercise the emergency powers conferred in -,
870.041-870.047.
121 The governing body ofany municipality µ:-,n
in this state may designate by duly adopted Or!
nance a city official who shall be empowered to 1,•
cleae that a state of emergency exists within .�•.
boundaries of the municipality and to exercise h
emergency powers conferred in ss. 870.041-r±,01147
The designated city official shall be either the ni.w
or chief of police or the person who performs tk,
duties of mayor or chief'of police in such municip,:
ity. In the absence of a duly adopted ordinance
designating the official so to act, the chief'•of p )1i,t-
of'such municipality is designated as the city oilicwi
to assume the duties and powers hereof'.
thatory.—s 2. ch 70 990
870.043 Declaration of emergency.—Whene(-
er the sheriff' or designated city official determine-
that there has been an act of violence or a flagrant
and substantial defiance of, or resistance to, a lawful
exercise of public authority and that, on account
thereof, there is reason to believe that there exists a
clear and present danger of a riot or other generai
public disorder, widespread disobedience of the laµ.
and substantial injury to persons or to property, ail
of which constitute an imminent threat to pubhl
1312
\ F.S.'_979
F.S.1979
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES Ch. 870
,ly disperse. said
nce of all such
•uring such per -
)resent being so
ng and securing
issembled, or in
sembly, refuses
. when required
.ice. refuses and
one of the riot-
d, and may be
V.
krr sirs, rr,l. 7177
.
�7 1.5 35
n-
btic peace by
ert acts of vio-
violence, with -
Governor has
-xist, local ofli-
uch a state of
the provisions
thority,—
•al counties of
A having the
under home
i. shall be em-
'r-eency exists
county and to
ferr•ed in ss.
cipality with-
idopted ordi-
tvered to de-
- within the
exercise the
041.S 0 047
or t he mayor
wrlorms the
h municipal.
u•dinanc•e :O
lief of police
• city ollicial
,--Whenev-
deterntines
r a Ilagrant
to, ;I 131+f-ul
on ;iccount
.ere exists ;1
her general
of the law,
ntperty, all
1 to public
peace or order and to the general welfare of the
jurisdiction affected or apart or parts thereof, he
may declare that a state of emergency exists within
that jurisdiction or any part or parts thereof.
History.—s 3, ch 70.990
870.044 Automatic emergency measures. —
Whenever the public official declares that a state of
emergency exists, pursuant to s. 870.043, the follow-
ing acts shall be prohibited during the period of said
emergency throughout the jurisdiction:
i 1 t The sale of, or ofTer to sell, with or without
consideration, any ammunition or gun or other fire-
arm of any size or description.
12) The intentional display, after the emergency
is declared, by or in any store or shop of any ammu-
nition or gun or other firearm of any size or descrip-
tion.
13, The intentional possession in a public place of
a firearm by any person, except a duly authorized
law enforcement official or person in military ser-
vice acting in the official performance of his duty.
History,—" 4.5,ch 70")
870.045 Discretionary emergency measures.
—Whenever the public official declares that a state
of emergency exists, pursuant to s. 870.043, he may
order and promulgate all or any of the following
emergency measures, in whole or in part, with such
limitations and conditions as he may deem appropri-
ate:
(I i The establishment of curfews, including, but
not limited to, the prohibition of or restrictions on
pedestrian and vehicular movement, standing, and
parking, except for the provision ofdesignated essen-
tial services such as fire, police, and hospital ser-
vices, including the transportation of patients there-
to, utility emergency repairs, and emergency calls by
physicians.
(21 The prohibition of' the sale or distribution of
any alcoholic beverage, with or without the payment
or a consideration therefor.
t3l The prohibition of the possession on any per-
son in a public place of any portable container con-
?aining any alcoholic beverage.
4� The closing of places of public assemblage
.with designated exceptions.
1.51 The prohibition of the sale or other transfer
of'possession, with or without consideration, of'gaso-
line or any other flammable or combustible liquid
altogether or except by delivery into a tank properly
affixed to an operable motor -driven vehicle, bike,
scouter, boat, or airplane and necessary for the pro-
pulsion thereof.
16, The prohibition of the possession in a public
place ol'any portable container containing gasoline
or any other flammable or combustible liquid.
Any such emergency measure so ordered and pro-
mulgated shall be in eflM during the period ofsaid
emergency in the area or areas for which the emer-
gency has been declared.
History.-. 4 6.ch 71) 990
870.046 Filing and publication. —Any state of
emergency or emergency measure declared or or-
dered and promulgated by virtue of the terms of ss.
� 0.041-870.045 shall, as promptly as practicable, be
filed in the office of the municipal clerk or Clerk of
the Circuit Court and delivered to appropriate news
media for publication and radio and television
broadcast thereof. If practicable, such state of emer-
gency declaration or emergency measure shall be
published by other means such as by posting and
loudspeakers.
History.—s 7, ch 70990
870.047 Duration and termination of emer-
gency. —A state of emergency established under ss.
870.041.870.046 shall commence upon the declara-
tion thereof by the public official and shall termi-
nate at the end of a period of 72 consecutive hours
thereafter unless, prior to the end of such 72-hour
period, the public official, the Governor, county com-
mission, or city council shall have terminated such
state of emergency. Any extension of the 72-hour
time limit must be accomplished by request from the
public official and the concurrence of the county
commission or city council by duly enacted ordi-
nance or resolution in regular or special session.
History.—s 8, ch 70.990
870.048 Violations. —Any violation of a provi-
sion of ss. 870.041-870.047 or of any emergency meas-
ure established pursuant thereto shall be a misde-
meanor of the first degree. punishable as provided in
s. 775.082 or s. 775.083.
History.—s 9. ch 70.990, s 111 . -h 7I 136
870.05 When killing excused. —If, by reason of
the efforts made by any of said officers or by their
direction to disperse such assembly, or to seize and
secure the persons composing the same, who have
refused to disperse, any such person or other person
present is killed or wounded, the said officers and all
persons acting by their order or under their direc-
tion, shall be held guiltless and fully justified in law;
and ifanv of said officers or any person acting under
or by their direction is killed or wounded, all persons
so assembled and all other persons present who
when commanded refused to aid and assist said offic-
er shall be held answerable therefor.
History.—, 6. ch 1637. 1668, RS 2410, GS 3243; RGS 507, 6. CGL 71"8
870.06 Unauthorized military organizations.
—No body of men, other than the regularly organ-
ized land and naval militia of this state, the troops
of the United States, and the students of regularly
chartered educational institutions where military
science is a prescribed part of the course of instruc-
tion, shall associate themselves together as a mili-
tary organization for drill or parade in public with
firearms, in this state, without special license from
the Governor for each occasion, and application for
such license must be approved by the mayor and
aldermen of the cities and towns where such organi-
zations may propose to parade. Each person unlaw-
fully engaging in the formation of such military or-
ganization, or participating in such drill or parade,
shall be guilty of a misdemeanor of the second de-
gree, punishable as provided in s. 775.082 or s.
775.083.
History.—s 15. ch 1466. 1866, R.S 2411. a 10. ch 5202. 1903. GS 3246. RCS
5o 7. CGL 7179, s 1129. ch 71-136
cf —s 250 43 Uniform, etc , not to be worn be persons not in military service.
1313
Chapter 45
PUBLIC DISORDER«
§ 45-1. Definitions.
§ 45-2. Declaration of state of emergency by city
manager.
§ 45-:1. Emergency measures —Effect of declaration of
emergency.
Sec. 45-1. Definitions.
For the purposes of this chapter, the
following words and phrases shall have the
meanings respectively ascribed co them by
this section:
Alcoholic beverage: All liquors, wines or
beer containing more than three and two -
tenths (3.2) percent of alcohol by weight, and
shall be deemed and held to be intoxicating
liquors, wines or beer, and shall be subject to
the provisions of this chapter.
Firearm: Any revolver, pistol, automatic -
loading pistol, shotgun or rifle, machine gun,
submachine gun, machine pistol or any fully
automatic weapon capable of firing more
than one (1) shot at each pull of the trigger.
(Code 1967, § 45A-1)
Sec. 45-2. Declaration of state of emer-
gency by city manager.
Whenever the city manager determines that
there has been an act of violence or a
flagrant and substantial defiance of or
resistance to a lawful exercise of public
authority, and that, partly on account there-
of, there is reason to believe that there exists
a clear and present danger of a riot or other
general public disorder, widespread disobedi-
ence of the law, and substantial injury to
persons or to health, safety, welfare or
protection of persons, or damage to property,
all of which constitutes a threat to public
peace or order and to the general welfare of
the city or a part or parts thereof, he may
§ 45-4. Same —Designated.
§ 45-5. Filing and publication of state of emergency
and emergency measures.
§ 45-6. Duration and termination of state of emergency.
§ 45-7. Designation of public shelters.
declare that a state of emergency exists
within the city or any part or parts thereof.
(Code 1967, § 45A-2)
Sec. 45-3. Emergency measures —Effect
of declaration of emergency.
Whenever the city manager declares that a
state of emergency exists, the emergency
measures provided in section 45-4 shall
thereupon be in effect during the period of
such emergency and throughout the city, and
the city manager may order and promulgate
all or any of the emergency measures
provided in section 45-4, in whole or in part,
and with such limitations and conditions as
he may deem appropriate, and any such
emergency measure so ordered and promul-
gated shall thereupon be in effect during the
period of such emergency, and in the area or
areas for which the emergency has been
declared. Upon the declaration of an emer-
gency by the city manager, as soon as
practicable, the commission shall immediate-
ly convene for the purpose of determining
whether or not an emergency does exist.
Their finding in the matter shall be conclu-
sive. Upon finding that no emergency does in
fact exist, this chapter shall not be operative.
(Code 1967, § 45A-3)
Sec. 45-4. Same —Designated.
The following are designated as emergency
measures:
(1) The sale or other transfer of posses-
sion, with or without consideration,
•State law reference —Preservation of public peace by local authority. Fla. Stats., 1870.041 et seq.
3117
U.
H
71
§ 45.4
MIAMI CODE 645.6
i
'
offer to sell or so transfer, and the
gasoline or any other flammable or --
purchase of any ammunition or
combustible liquid or gas, except by
firearms of any size or description is
delivery into a tank properly affixed to
prohibited.
an operable motor -driven vehicle, bike,
(2)
The displaying by or in any store or
scooter, boat or airplane and necessary
shop of any ammunition or firearms of
for the propulsion thereof, is prohibited.
any size or description is prohibited.
(10) The possession in a public place of any
(3)
The possession in a public place of a
portable container containing gasoline
firearm by any person, except a duly
or any other flammable or combustible
authorized law enforcement official or
liquid or gas is prohibited. (Code 1967, §
person in military service acting in the
45A-4)
official performance of his duty, is
prohibited.
Sec. 45-5. Filing and publication of state
(4)
The possession of any firearm in any
of emergency and emergency
place, public or private, by a nonres-
measures.
ident who has not been issued a permit
Any state of emergency or emergency
for the purchase and possession of
measure declared or ordered and promulgated
firearms, is prohibited.
by virtue of the terms of this chapter shall, as
(5)
The city manager shall establish cur-
promptly as practicable, be filed in the office
fews under such terms and conditions
of the city clerk, and immediate notice thereof
as he deems necessary for the preserva-
given to the chief of police, in writing. The
tion of peace, health, and safety for the
city manager is authorized to give notice
citizenry, including, but not limited to,
thereof to the appropriate news media for
the prohibition of or restrictions on
publication and radio and television stations.
pedestrian and vehicular movement,
The city manager shall forthwith cause to be
standing and parking, and any person
published in a daily newspaper a notice of the
violating the terms of the curfew as
state of emergency. (Code 1967, § 45A-5)
established by the city manager shall
be subject to the penalty set out in
Sec. 45-6. Duration and termination of
section 1-6. The city manager may
state of emergency.
make such exceptions to this curfew as
may be necessary for the provision of
A state of emergency established under this
designated essential services such as
chapter shall commence upon the declaration
fire, police and hospital services, in-
thereof by the city manager as set forth in
cluding the transportation of patients
section 45-5 and shall terminate at the end of
thereto, utility emergency repairs and
a period of fifteen (15) days thereafter, unless
emergency calls by physicians.
prior to the end of such 15-day period the
(6)
The sale of any alcoholic beverage is
commission shall, by resolution, terminate
prohibited.
such state of emergency or shall declare an
(7)
The possession on the person in a
additional period of time for which the state
public place of any portable container
of emergency shall exist. In the event the
containing any alcoholic beverage is
commission fails to either terminate or extend
prohibited.
the state of emergency declared herein, the
(8)
The city manager may, in his discre-
city manager shall be authorized to extend
tion, close places of public assemblage,
the state of emergency for an additional
with designated exceptions, and assem-
15-day period, subject to the right of the
blage by any person or persons in such
commission to terminate such state of emer-
closed place is prohibited.
gency as provided herein. (Code 1967, §
(9)
The sale or other transfer of posses-
45A-6)
sion, with or without consideration, of
t
b
3118
ri U M 0R
Rumors ... how do they start'...
an incident is seen ... or a ,tory is told ... t1le "facts" are
repeated . . . BUT . . .
1. Usually ZeoZlc rencnhcr sharr details and forget those that were
not SOytylc]...tnr mopf I.-rortant factor or tnrrr^atton may be left
out c'r the re^ort.
Z. What Zeople notice nnil rerenher depends on their own interests and
experiences... a rFr:^n s ol), roittica! views, aae, t,e erpers-
encoe, etc., all affPct how events are seen and how
information is atsorted and re -told.
3. Frequently people see what they expect to see whether it was really
t ere or not ... t,:o orrPctatton that Ro-e.t ins poca or ,a tJt appen
o''ten 4eterminps how a person sees an event and reteZZs
L•hat ;,arrened.
4. People fill in gaps to make a story more believable...
a rrrA,-n map rerort sr^c^tnn aeon or heard the tray
it "ru^ht" to he, or the Lyau it "usually" is, rather
tN:n the Luau it actualZu hlrrened.
S. People !:Mild ur a ;tory in retelling it...
Lv*. Z rrroen ji Z Z akee, an oi+ont -11ro ercitinc and
rt.^.nt than it -au have `Pen in order to -aka it
girth rrtvllinr
F. People often shorten a story in retelling it...
"eavtn7 cut lotail's -axes a story easier to rem@-har
Out t^is n''ten distorts the `'acts an.'. chanaas the
rrrr- t the story has rn tho Zistoner.
The Wllr`R TF S T .. .
if screnr.e tells vn,i a rumor, ash these nuestirns...
a. lion• much rf t' is :torn do you snow to he true, and how much
are you tal-Inz on snnebody else's say-so'
h, who told you this storyHow reliahle is he in this case,
and wlipre Aid he get it in the first place'
C. Ilnw far frn.7 the original source has t!:is tale come"
d. How much harm and injustice may we be doing if we believe
this story, and if we help to pass it around'
C. If the story seems to require some action, how can we check
it for facts, and sort out the truth from the changes and
distortions that have crept in, hefore we act'.
''lorida Regional Office
anti -Defamation League of B'nai B'rith
Suite 800, 150 S.E. 2nd Avenue
Miami , FL ail it - Tel. bSUn
f,.
0
O L
PRESS RELEASE
Attached for your information are City of Miami Police
HOWARD V. GARY
City Manager
Department memoranda which provide a variety of backround
information and a chronology of events related to civil
disturbances which occurred the evening of December 27 ,
1982 in Overtown.
vi f ICE 01 THE c.111 NtANAC R 35(Kr Pan American Drive Miami, Florida 331331(3051579.60.10
r 0
Q
PRESS RELEASE
HO%%ARD V. GARY
City Manager
Attached for your information are City of Miami Police
Department memoranda which provide a variety of backround
information and a chronology of events related to civil
disturbances which occurred the evening of December 27 ,
1982 in Overtown.
Ui [ICE Of Till ( II\ NiAtiAGER 35fxr Pan American Dri%e Miami. Florida 33133,0051579.66.10
0
• •.• CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
to.Kenneth I. Harms
o,%TE: 29 December 1982 FILE.
Chief of Police
�.
(Thru Channels)
sueiEc-r: Civil Disturbance
cc��. o.J,j-
FROM Captain Arthur Vincent
REFERENCES
Commander
Patrol/Platoon "A"
ENCLOSURES. • ,
On December 28, 1982 at approximately 2230 hours, Platoon`"A"
;., personnel were called
into work ref. a civil disturbance in the
�*• overtown area.
The following reflects
a chronological sequence of events:
2330 Hours Roll Call-
Issuance of riot bags, shotguns, radios and
vehicle assignments.
0030 Prepared for Field Force Assignment- Platoon briefed by
Chief Breslow, Chief Cosgrove, Chief Dickson, Chief Alba and
Major Mahoney.
0030-0200 Deployment of field personnel, Issignments given by Car
#17 Major Mahoney and car 5 Chief Cosgrove.
0220 Capt Glover and Lt. Riggs relieved in EOC room by Capt. Vincent
and Lt. O'Brien.
0242 National Guard Commander, General Ensellin contacted in
St. Augustine and given overview.
0256 Foxtrot 8 assigned to investigate and report damage estimate
to affected area.
0427 Units Foxtrot 1 and Foxtrot 9 activated to begin handling calls.
0432 Mr. Patterson of sanitation advised he needed a police vehicle
to -accompany solid waste truck to N.W. 3 Ave b 20 St.
0440 Arrest breakdown- 29 total arrested.
Breaking and Entering- 23
Aggravated Battery 2
Loitering 6 Prowling 1
Carrying Concea 1 ed F i rearm 1
Possession stolen property 1
Attempt Arson 1
0457 City vehicles damage report. Cl-Uetude$TotW6J-* bOCost rszTi,sw4tF 41-TV5 1
ia's,V J
C.C. 549 marked N.W. 1 Ave b 15 St. Totalled by
Van a Ism
.Kenneth I. Harms Subj: Civil Disturbance
` Page 2
C.C. 544 Marked N.W. 3 Ave b 15 St. Totalled by burning
C.C. 5`50 Marked N.W. 1 Ave E 15 St. Totalled by Vandalism
C.C. 233 Unmarked 1495 N.W. 3 St. Totalled .by Burning
C.C. 212 Unmarked 1495 N.W. 3 St. Minor damageNandalism
C.C. 120 Marked Totalled/Burned
C.C. 130 Marked Totalled/Burned
C.C. ?? Unmarked Tota___, l led/Burned
a
0500 Lt. Alvarez 1507 reports city is calm, C Shift and A shift
activated to handle calls throughout city.
Damage to'property report.
0502 1. Merlins N.W. 5 Ave & 8 St.- Completely burned out and r
looted.
2. Coopers Grocer N.W. 4 Ave & 9 St.- Completely burned out
and looted.
3. Town Park Groceries N.W. 2 Ct & 17 St.- Completely burned
out and looted.
4. Dumpsters turned over N.W. 3 Ct & 8 St.
5. 1042 N.W. 2 Ave Restaurant vandalized and looted.
6. N.W. 3 Ave & 17 St.- News vehicle burned totalled.
7. N.W. 3 Ave & 14 St.- News vehicle burned totalled. WINZ
8. N.W. 3 Ave & 17 St.- Dumpster on fire.
9. N.W. 3 Ave & 15 St.- Dumpster in middle of street.
10. N.W. 3 Ave b 20 St.- Guys Auto Parts vehicle driven into
bldg.
11. N.W. 5 Ave L 20 St.- 3 Dumpsters and bus bench overturned
e on street.
12.. N.W. 2 Ave S 20 St.- Georgia Meats- B 6 E by vehicle driven
• thru front door.
MTA Bus- Vandalized and burned N.W. 1 Ave b 14 St.
Injury to citizens report.
0515 B/M Nevile Johnson- Gunshot wound to head (original police
shooting.) N.W. 3 Ave b 15 St.
B/M Grover McKissack- Gunshot wound to right leg N.W. 20 St.
& 3 Ave.
W/F Celida Boler- Facial and chest injuries N.W. 20 St. b
3 Ave.
M
Kenneth I. Harms
age 3 10
r
Subj: Civi isturbance
W/M Paul Rodenkitch- Facial injury- N.W. 20 St. E 4 Ave.
W/M Johnny Vazquez injury to right arm N.W. 14 St. b 1 Ave.
B/M Joe Moore- Gunshot wound to right thigh N.W. 18 St. b
3 Ave.
B/M Isaac Gray- Lacerations to face N.W. 17 St. E 2 Ct.
0520 Officers injured report.
W/M Howard Mosher- Facial cuts (3 stitches) N.W. 16 St. b
3 Ave.
W/M Robert Beaty- Shot in back by small caliber weapon, no
injury because of flak vest.
0527 All commanding officers told to report to EOC room for briefing
-by Capt. Vincent.
0600 Meeting with all commanding officers in EOC room Lt. Ibrahim
notified Capt. Vincent of two (2) .
Discharge of firearms-
1. 2115 Hrs N.W. 4 Ave b 20 St. (Report to be forwarded)
2. Accidental at transfer point (Report to be forwarded)
0608 K-9 officers (except 2 units) relieved.
0609 Fixed posts checked to ensure units still on scene.
0700 Final assessment being made to determine accessability for
pedestrian and vehicular traffic.
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Miami Police Department
Miami, Florida
INTRA-DEPARTMENTAL COMMUNICATION
TO: CHIEF OF POLICE DISTRIBUTION:
(through P.I.O.)
ASSISTANT CHIEF SPECIAL SERVICES
FROM:
Sgt. J. Sullivan
ASSISTANT CHIEF RESOURCE MGMT.
Commander-PIO
ASSISTANT CHIEF OPERATIONS
``,. DATE:
29 Dec.62
DEPUTY CHIEF SUPPORT; SERVICES
DEPUTY CHIEF FIELD SERVICES
SUBJECT:
Homicide
DEPUTY CHIEF UNIFORM SERVICES
Case #3623879G
FRONT DESK
-
ON -DUTY PATROL COMMANDER ='
NARRATIVE:
(BRIEF SUMMARY OF
EVENTS)
Location
: NW 22 St. &
4 Av.
Date/Time
: 28 Dec.82 -
2030 Hrs.
Victim
: B/M 16 Yrs.
Anthony McKenzie - DOA
1844 NW 85
St.
The victim and the
offender were
involved in an argument
eariler in the day.
Last night
the offender confronted and shot
the victim in the chest
with a shotgun.
The victim died at the
scene. The offender
is still at
large.
Scene/Homicide-I.D.
y &
PREPAR"D BY: of, Mike Stewart (PIO)
R.F. #18 (REV. 8/82)
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-� � .. .� n., . fir•
REVIEWED BY:
DATE: /Z/�9 7,42- TIME: 074S'
CITY OF MIAMI. FLORIDA
f�
INTER -OFFICE MEMORANDUM 1
to Kenneth 1. Harms DATE December 28, 1982 FILE
Chief Of Police
..,(thru channels) SUBJECT: Civil Disturbance
FROM Captain Glover REFERENCES.
Cam>ander
C.I.S. ENCLOSURES:
On December 28, 1982, at approximately 19N hours, Unit #238 raised the station
' with an emergency requesting the =4" rg y eq g squad; to 3rd Ave. & N.W. 15th Street, . j..'�
reference a man shot.
Black Male Nevile Johnson had been shot by Unit #238. At approximately
1815 hours Unit #447 requested a Supervisor to the scene. Shortly there—
after a request for other units was made for traffic and crowd control;
a distrrbance had errupted.
Unit #204 began to deploy "B" Shift Units into the area of the incident to
retain control of the scene.
Unit #201 arrived at the scene and requested Field Force "C", be assembled
and placed on stand by at 3rd Ave. & N.W. 14th St.. Shortly thereafter
Field Force 'B" was also assembled and deployed into the same area.
City of Miami Homicide Investigators on the scene conducting the investigation
were threatened by a hostile cm%,d and trapped inside a business establishment
located at the scene of the shooting.
At 1915 hours a S.W.A.T. Team was activated and deployed to rescue the
Homicide Team and a witness they were interviewing reference the shooting
incident. S.P.U. Units were advised to remain on duty and Chief Breslow ordered
the Mobilization of Platoon "C". The E.O.C. was made operational and manned
by Captain Glover.
Upon arrival of Platoon "C" Members, Field Force 'D" was assembled and deployed
into the effected area.
A total of five (5) Police Vehicles were burned or vandalized at the following
locations:
Page #2dw t%o,
r
Three (3) Marked Police Units were vandalized and burned at 3rd Ave. -& N.W. 16th St.,
one (1) Unmarked Police Vehicle vandalized and burned at 1st Ave. & N.W. 14th St., one
(1) Marked Unit vandalized at N.W. 1st P1 & 15th St..
Ilk
During this two news media vehicles were burned at N.W. 1st Ave. & 14th St., and one
M.T.A. Bus was vandalized at the same location. `
One Officer was injured as a result of being struck in the face by an unknown object.
One S.W.A.T. Member was shot, however did not sustain any injuries as a result of a
Flak Vest he was wearing at the time. -
At 2215 hours, Platoon "A" was mobilized at the request of Major Mahoney.
At 2301 hours, Unit #586 advised of a man shot at 1st Ave. & N.W. 18th St.. It was
later detennined that a police officer was involved in the shooting. Homicide, I.D. and
Internal Security Units were dispatched to investigate.
At 2315 hours, Rocks & Bottles were reported being thrown in the area of 3600 Grand Ave.
At 2320 hours, Coral Gables and M.P.D. Units were dispatched to seal off the area of Douglas
and Grand Ave.
As of 0200 hours, there were thirteen (13) Arrests effected, with reference to the disturbance.
J.M.H. reports seven (7) Citizens as having received injuries as a direct result of the
disturbance and one fatal.
As of 0200 hours, the M.P.D. has deployed approximately 285 Rmxm Personnel from "A",'B",
"C", SPU, Vice, VIN, CIS and Auxiliary Officers.
At 0220 hours, all "B" Shift, SPU, CIS and Auxiliary Officers were relieved and the E.O.C.
turned over to the can and of Captain Vincent.
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0
Miami Police Department
Miami, Florida
INTRA-DEPARTMENTAL COMMUNICATION
TO: CHIEF OF POLICE
(through P.I.O.)
FROM: Sgt. J. Sullivan
. Command'er-PIO
`DATE: 29 Dec.82
SUBJECT: Civil Disturbance
Shootings & Information
' 3623760G/3623912G
DISTRIBUTION:
ASSISTANT CHIEF SPECIAL SERVICES
ASSISTANT CHIEF RESOURCE MGMT.
ASSISTANT CHIEF OPERATIONS
DEPUTY CHIEF SUPPORT -SERVICES '.
DEPUTY CHIEF FIELD SERVICES
DEPUTY CHIEF UNIFORM SERVICES
FRONT DESK -
ON -DUTY PATROL COMMANDER
NARRATIVE:
(BRIEF SUMMARY OF EVENTS)
:i,
Incident #1 - 1495 NW 3 Av. - 1800 Hrs .
Offender: B/M 20 Yrs. Novell Johnson Jr.
1640 NW 4 Av. lOB Critical Condition at JMH
Miami Police officers making a check of an establishment
spotted a subject that appeared to have a gun under his
shirt. As the officer attempted to remove the gun from
the subject, he jerked and the officer's gun discharged
striking the subject in the head. Homicide units went to
the scene and were confronted by a hostile crowd.
Additional units were dispatched into the area when the
crowd became violent. A several block area had'to be
closed to traffic after several cars, including 5 police
cars, were destroyed. (3 burned - 2 vandalized)
Incident #2 - NW 1 Av. & 19 St. - 2255 Hrs.
Offender: B/M Unidentified - Late Teens - DOA
During the disturbance and inside the affected area, Miami
Police, officers were dispatched to the National Freezers
at NW 19 St. & 1 Av. in reference to a B&E In -Progress,
several people were involved. Upon arrival a subject
was chased by the police. The suspect pointed a gun at
one of the officer's. The officer fired and missed the subject.
The subject changed direction and confronted another officer,
again the subject pointed his gun at the officer. The
officer fired at the subject. The subject was hit and died
on the scene. -OVER-
PREPARED
BY: Ofc. Mike Stewart (PIO) REVIEWED BY:
DTI
R.F. #18
(REV. 8/82) DATE: TIME: _
"
0
Nine persons were taken to JMH for treatment of various
injuries. (Including one police officer)
One officer was shot in the back by a sniper but escaped
injury because he was wearing his bullet proof vest.
29 people were arrested on various charges.
Police Units were positioned throughout the affected area
all night to handle sporadic incidents.
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