NORTH MIAMI, Fla. – A North Miami police commander accused of giving conflicting information about a police-involved shooting involving another officer will not face charges, a close-out memo released Thursday from the Miami-Dade County state attorney's office said.
Police said Officer Jonathon Aledda shot Charles Kinsey July 18 after officers were called to the area of Northwest 14th Avenue and 127th Street about a man walking around with a gun and threatening to take his own life.
Sources told Local 10 News that Cmdr. Emile Hollant was the voice on the police radio telling dispatchers and other officers that someone had a gun. They said he then lied to investigators, telling them he wasn't at the scene when the shooting happened.
According to the close-out memo, Hollant provided a voluntary statement to prosecutors and said that he was at the scene of the shooting and "engaged to some degree in the incidents that led up to the shooting and those that followed."
File: Close-out memo for North Miami police Cmdr. Emile Hollant
But he claimed that he returned to his police-issued vehicle, more than a block away, to retrieve his binoculars when he heard gunshots.
Prosecutors said Hollant did not witness Aledda fire his weapon and therefore told members of the Police Department that he had not witnessed the shooting since he was only present beforehand.
"We conclude that Commander Hollant did not lie, and that there was no intent by Commander Hollant to mislead or obstruct investigators or command staff officers regarding his involvement in the police shooting," the memo said.
Police said Kinsey was shot in the leg, and an autistic man who was also at the scene, Arnaldo Rios, 26, was taken to Aventura Hospital's psychiatric ward after the incident.
Hollant was placed on leave without pay, while Aledda was placed on administrative leave with pay as is standard in a police-involved shooting.
Kinsey has since filed a lawsuit against Aledda, seeking damages for the "pain and suffering, mental anguish and emotional distress" he has suffered as a result of the shooting.
File: Charles Kinsey lawsuit against Officer Jonathon Aledda
Aledda has demanded a jury trial, according to the lawsuit.
Hollant's future with the department remains unclear, as police said an internal investigation is still underway.
"Cmdr. Hollant believes in himself, his abilities and his training to take appropriate actions as a police officer and commander in stressful, life-threatening situations," Hollant's attorney, Don Slesnick, said in a statement to Local 10 News. "He has been confident that his actions related to the recent shooting incident involving the North Miami Police Department were prudent and appropriate in his efforts to protect the lives of his fellow officers and the citizens of the North Miami community. He is pleased to know that after reviewing the evidence that the state attorney's office has cleared Cmdr. Hollant of any criminal wrongdoing."