MDSO closes complaint over confrontation with Local 10 reporter; records document directive issued to mayor’s security detail during investigation

MIAMI-DADE COUNTY, Fla. — The Miami-Dade Sheriff’s Office has concluded that Deputy Lester Aguilar violated neither Florida law nor department policy after confronting Local 10 News investigator Jeff Weinsier during a public event at Haulover Park earlier this year.

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However, records obtained by Local 10 News show that while the Internal Affairs investigation was still underway, supervisors directed members of the mayor’s Sergeant-at-Arms security detail to display their law enforcement credentials while working.

The Sheriff’s Office says the instruction was supervisory guidance, not a change in policy. It did not explain why the directive was issued during the investigation.

The complaint stems from an April 11 confrontation during the Baynanza beach cleanup at Haulover Park.

Video of the encounter, which drew national attention, shows Weinsier attempting to question Miami-Dade Mayor Daniella Levine Cava about millions of taxpayer dollars spent on electric transit buses that were later taken out of service. Before the event, Local 10 News had repeatedly requested an interview with the mayor regarding the bus program, but her communications staff declined those requests.

Seconds after Weinsier began asking questions, a man wearing a black jacket, later identified as Aguilar, stepped between the reporter and the mayor.

Video shows Aguilar placing his hand on Weinsier’s chest, repeatedly ordering him to move back and warning, “You want to go to jail?”

During that initial encounter, Aguilar did not verbally identify himself as a law enforcement officer. He was dressed in plain clothes, and no badge or law enforcement credentials were visible before he began giving commands or making physical contact.

According to the Internal Affairs report, Weinsier alleged Aguilar failed to identify himself, physically blocked access to the mayor, repeatedly pushed him backward, threatened him with arrest and used unnecessary force while Weinsier was engaged in newsgathering. Those allegations formed the basis of the complaint filed with the Sheriff’s Office. They were not adopted as findings by Internal Affairs.

After reviewing the video, investigators concluded Aguilar’s actions were “reasonable, proportionate, and consistent with established policy.”

The Internal Affairs report also states the Sheriff’s Office’s Force Analysis Unit independently reviewed the video and concluded no excessive force had been used. Investigators determined Aguilar’s actions were appropriate while maintaining what the report describes as a “safe buffer” around the mayor.

Internal Affairs ultimately closed the complaint with a finding of “No Further Action Required.”

The report does not define the size or parameters of the “safe buffer” referenced by investigators. Local 10 News has interviewed Levine Cava at numerous public events over the years and had never previously been advised of a designated media or security buffer zone surrounding the mayor.

The report also documents something that had not previously been disclosed.

According to the investigation, on May 4, the investigator contacted Lt. Karin Bobe, of the Office of the Sheriff. Bobe advised that on May 1, she directed “all Sergeants at Arms to ensure their law enforcement credentials are properly displayed while working their details.”

That directive was issued approximately three weeks after the confrontation, after Weinsier filed his complaint and while the Internal Affairs investigation remained active.

After reviewing the Internal Affairs report, Local 10 News asked the Sheriff’s Office why the directive was issued.

In response, the Sheriff’s Office said supervisors may provide direction to personnel under their command and that such direction “is not an indication that prior conduct violated agency policy.” The agency said the instruction was supervisory guidance, not a change to existing policy or the establishment of a new policy.

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The Sheriff’s Office also said there may be “certain dignitary assignments, locations, or operational circumstances where the display of credentials may not be appropriate.”

The Sheriff’s Office did not say whether the Haulover Park event fell into one of those categories.

The agency also did not explain what prompted the directive to be issued during the Internal Affairs investigation or whether it was related to the Haulover Park confrontation.

The directive applied specifically to the same Sergeant-at-Arms unit involved in the confrontation.

Previously, the Sheriff’s Office told Local 10 News that Aguilar was serving in a specialized protective capacity rather than functioning as a traditional plainclothes deputy. The agency said members of the mayor’s security detail often operate in a low-profile manner that does not prominently identify them as law enforcement because of the nature of their assignment. The Sheriff’s Office also noted that Sergeants-at-Arms are sworn law enforcement officers with full authority to detain and arrest.

Local 10 News shared the video with Andrew Scott, a doctor of criminal justice, former police chief and nationally recognized law enforcement consultant.

“The officer should have immediately identified himself,” Scott said after reviewing the video.

Scott said he was surprised the Sheriff’s Office does not have a written policy addressing such encounters.

“I’m surprised it’s not specifically delineated in policy,” Scott said.

Scott also questioned whether the confrontation was necessary.

“The only thing you did was ask her questions,” Scott said. “I didn’t see anything on your part that created an issue or a threat.”

Scott also rejected the idea that Aguilar’s assignment prevented him from identifying himself.

“He was not in deep undercover,” Scott said. “He was just working a security detail and should have been identified.”

Scott said clear written procedures could have prevented the confrontation.

“This whole thing could have been avoided if there were appropriate protocols,” Scott said. “I see it as an easy fix. You just augment the policy.”

The confrontation also drew criticism from the Reporters Committee for Freedom of the Press, which described threatening to jail a journalist attempting to question an elected official at a public event as “an egregious infringement on basic First Amendment rights.”

David Cuillier, director of the Joseph L. Brechner Freedom of Information Project, also reviewed the video.

“I watched the video and was horrified,” Cuillier said. “This never should have happened.”

The Sheriff’s Office declined to make Sheriff Rosie Cordero-Stutz available for an interview. In a written response, the agency said it continually reviews its practices and remains open to considering enhancements where appropriate. The agency did not further explain why the supervisory directive was issued during the Internal Affairs investigation.

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