Two Former Biscayne Park Patrol Officers Plead Guilty to Deprivation of a Juvenile’s Civil Rights By Intentionally Making False Arrests
U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida, Acting Assistant Attorney General John Gore, Katherine Fernandez Rundle, Miami-Dade State Attorney, Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Troy Walker, Special Agent in Charge, Florida Department of Law Enforcement (FDLE), today announced that former Biscayne Park Police Officers Charlie Dayoub and Raul Fernandez pleaded guilty today to depriving a 16-year old juvenile, “T.D.,” of his Civil Rights by falsely arresting T.D. for four unsolved burglaries.
As noted at the hearing and in court filings, on June 13, 2013, former officers Dayoub and Fernandez were both working on duty for the Village of Biscayne Park Police Department. On June 13, their supervisor instructed them to unlawfully arrest and falsely charge T.D., a juvenile previously known to Chief RA and Dayoub, for unsolved burglaries that had occurred in Biscayne Park. Dayoub and Fernandez complied with Chief RA’s instructions and falsely arrested T.D. Fernandez wrote narratives containing fabricated information in support of the four arrest affidavits that falsely claimed an investigation revealed that T.D. had committed the four burglaries. Dayoub signed and attested that the contents of the affidavits were true even though he, like the supervisor and Fernandez, knew that no evidence existed to substantiate the arrest. T.D. was subsequently arrested for the four burglaries.
Dayoub and Fernandez both pleaded guilty to count two of a superseding indictment charging each defendant with deprivation of T.D.’s civil rights, under color of law, in violation of Title 18, United States Code, Section 242. The defendants are both facing up to one year of incarceration as a result of their guilty pleas. The Court set the sentencing date for both of the defendants on Oct. 16.
This case is being investigated by the FBI, including the FBI Miami Area Corruption Task Force, and FDLE, and assisted by the Miami-Dade State Attorney’s Office. This case is being prosecuted by Assistant U.S. Attorney Harry C. Wallace, Jr., Department of Justice Trial Attorney Donald W. Tunnage, and Assistant State Attorney Trent Reichling.