MIAMI-DADE COUNTY, Fla. – An appeals court has overturned the conviction of a Miami-Dade police officer who was involved in the 2019 rough arrest of a woman.
Alejandro Giraldo was convicted in April 2022 of felony battery and official misconduct after cellphone video and bodycam footage were made public showing the arrest of Dyma Loving, who had called police to report that a neighbor had pointed a shotgun at her.
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In June 2022, he was sentenced to 364 days in jail, followed by 18 months of probation.
According to a seven-page ruling on the court’s decision filed Wednesday, Giraldo “did not knowingly or intentionally falsify an official record or document,” and Giraldo noted that his statements in Loving’s arrest report illustrated at most that he “painted with too broad a brush when writing the narrative.”
“We agree,” the ruling stated.
The ruling also stated that Loving was “clearly upset and speaking loudly” in the video of her arrest, and noted that a friend and at least one other officer attempted to calm her down prior to her arrest.
“Whether the loud and argumentative tone and her other actions constituted ‘causing a scene’ and ‘disruptive behavior’ is a matter of degree and perception,” the ruling stated.
It also stated that the state should not have moved forward with the battery count “as the arrest would have been lawfully made.”
Video shows Giraldo pushing Loving into a fence and then taking her to the ground, where she was handcuffed.
Loving was charged with disorderly conduct and resisting arrest without violence. Those charges were later dropped.
Giraldo had insisted that he acted lawfully in subduing an unruly woman who was interfering with an investigation, however, he issued a statement during his sentencing hearing in which he apologized to Loving for “any trauma I may have caused.”
He acknowledged that after working in law enforcement for 14 years, he lost his career and “the respect of many of my peers.”
“I have dedicated my life to be a spiritual person,” he said. “March 5th, (2019), I had a bad day. I have dedicated my life to help serve.”
Giraldo added that who he appears to be in the video “is not who I truly am.”
“I ask that you do not define me based on the 6-minute video,” he said. “I ask that you take mercy on me.”
Loving also spoke at the hearing, telling Giraldo that she accepted his apology but questioned whether anything would have been done if it wasn’t captured on camera.
“I do forgive you. Healing is hard and I appreciate your apology,” she said.
Loving also acknowledged that Giraldo was training another officer the day of the rough arrest.
“You were training someone to be like you that day,” she said. “You tackled an unarmed woman. It was unnecessary.”
Miami-Dade State Attorney Katherine Fernandez Rundle issued a statement to Local 10 Thursday, saying she was “disappointed” by the court’s decision.
“As you know, the Third District Court of Appeal reversed the conviction of Officer Giraldo,” she said. “Based on the Court’s direction, we are unable to retry the case. Though we are disappointed by the Court’s decision, we understand and respect their conclusion. Police officers have a very difficult job and hindsight is 20/20. As a result, the law gives them a great deal of latitude, making it difficult to prosecute them for their behavior and actions while performing their duties.”
Read the court’s full ruling below: