Case Brief
Case # F10004001
Judge: Stacy D. Glick
State Prosecutor: Roy Kirsh
Defense Attorney: Gabrielle Green
Jurors: * Maria Morales
* Ailyn Garcia
* Veronica Hurtado
* Ulises Tamayo
* Howard Pitner
* Daphne Matute
** Tracy Clark (ALT)
11th Judicial Circuit of Miami-Dade County
Charges: Count 1—Battery on Law Enforcement Officer (Felony)
Count 2—Battery (Misdemeanor)
Incident Synopsis: On February 6, 2010, Nicole was approached by an NFL worker and I.C.E agent who were in plain clothing without visual identification. Without identifying themselves verbally or with a badge, the men reached over her shoulder and began pulling items out of the car while shoving and elbowing her. Without knowing who the men were, being startled and frightened, Nicole took an aggressive stance. She was called a Nigger girl and was knocked to the ground where she sustained injuries (see attached Medical Records). When she stood up, she backed up, avoided the men and fled to the driver-side door, then drove off. She went 1 block, turned right, saw an officer and got out of the vehicle requesting help. She attempted to press charges and then was detained and arrested without statements being written and without being read her Miranda rights. There were discrepancies in the police report (see attached Police Report). We found an eye witness. The case was taken to trial by jury.
Trial Notes: On July 19, 2010, a jury was selected and July 20th trial began. The NFL worker (Richard Logue) stated on the record that Nicole did NOT hit the I.C.E agent (Eduardo Escobar). The arresting officer (Dominguez) stated on the record that he did not complete a thorough investigation. The State’s witnesses were inconsistent in their testimonies. On July 21st the defense’s witnesses testified. The independent witness (Alan Gardner) stated on the record that the two men approached Nicole from behind and pushed her down without even identifying who they were. The jury still found Nicole guilty against the greater weight of the evidence presented and without the state proving beyond a reasonable doubt that she committed the crime she was charged with.
Trial Errors: (1) Over the objection of the defense, Officer Molina (bicycle officer of Miami Beach Police) was used as a rebuttal witnesswithout making aware of this to the defense. Molina sat outside the courtroom for several hours, listening to the defense witnesses, before being called to testify by the State. Officer Molina was not even the bicycle officer that was at the scene on February 6th. He is actually Judge Glick’s hand-picked judicial assistant’s husband (She had previously disqualified herself from a case for allowing this same officer to testify, but refused to in this case). (2) On the day of trial, the State read the names of the witnesses. Officer Martinez was named for the first time on this day. (3) The State attempted to introduce an Officer Incident Report that was never brought up until the day of trial. It was dismissed. (4) The State’s prosecutor was tampering with the defense’s independent eye witness with no one present in the room with them. (5) Nicole’s medical records stating her injuries from the incident were not presented as evidence. (6) Phone records that verified Nicole’s location during David’s encounter was not presented as evidence. (7) David was mistaken and identified as a "Black Male."
Motions Filed: (See attached) On August 3, 2010: (1) Motion to Disqualify Judge—based on allowing testimony from Officer Molina (Judicial Assistant’s husband). (2) Motion for New Trial—based on (a) The verdict is contrary to weight of the evidence. (b) The court erred in the decision of several matters of law arising during the course of the trial, and (c) For reasons not attributable to the defendant, Ms. Dunson, didn’t receive a fair trial.
Sentencing Notes: (1) Pre-Sentencing Investigation (PSI) opted by Nicole Dunson and sentencing set for September 16th. PSI recommended less than 364 days. (2) State agreed to the PSI terms. (3) Defense presented a sentencing proposal requesting probation. (4) Nicole was sentenced to 3 years prison and 2 years community control. (5) Judge made this determination based on previous arrests that were not convictions. Nicole has one prior conviction of disorderly conduct in 2005. The judge stated that Nicole has a history and trend of lack of respect for law enforcement and authority.
Medical Needs: Nicole is 25 weeks pregnant(6 ½ months). Her previous birth was a premature birth of 33 weeks 6 days in which the baby was required to stay in the NICU for over a week and Nicole is considered a high risk pregnancy. She has been to the hospital from jail over 10 times (4 ER visits and 7 other visits) due to complications. She is suffering from lack of nutrition, exercise, and water. She has constantly suffered from dehydration, constipation, and cramps. She noticed spotting and after going to the hospital was diagnosed with Complete Placenta Previa (see attached info) which is a complication that requires constant supervision by a doctor and will definitely result in a Cesarean because the placenta is blocking the cervix where the baby is not able to be delivered vaginally.
Attachments: (1) Charges & description (2) Incident Synopsis (3) Medical Records (4)Police Report (OIR) (5) Motion for New Trial (6) Proof of Shirts (7) Receipt of Goods Seized from David (8) Placenta Previa Info
Incident Synopsis
I, David Bowen, took my family (My wife-Nicole, Her mother-Jackie, and my daughter Nia) to Miami to enjoy Super Bowl festivities. My wife and I are both alumni of Florida A&M University whom the Marching 100 Band was performing for the Pre-game show. I had several t-shirts made up (90) for any of the band members and fellow alumni that were coming down to enjoy the weekend also. We arrived Saturday on South Beach and parked on 3rd & Ocean Dr. We had just gotten off the road from Tallahassee and needed to use the restroom. The ladies all walked across the street into the park and proceeded to the lady’s room. I put about 36 shirts into a bag that I was toting around. We then began to walk down the street and look for some place to eat. We began walking together, but eventually would become slightly separated. I was ahead of everyone, Jackie behind myself pushing Nia in the stroller, and Nicole was further back taking pictures. As I crossed 6th avenue walking on Ocean Dr, I witnessed a tall, black male selling shirts in the street. As soon as I passed him, two men (one on either side in plain clothing) bumped me and pulled me to the side of the road. The man to the right was really aggressive and ripped the bag off of my shoulder, causing my shirts to land on the concrete. The man on the left said “be quiet and don’t make a scene and we’ll be done quickly.” The man on the left walked back to the sidewalk and flashed a badge really low near his belt and quickly covered it up again, stating that he was Homeland Security and the other man was an NFL agent. They told me they were confiscating counterfeit merchandise and that I needed to cooperate with them or they could lock me up. I told them several times that I was not selling, promoting, soliciting, nor advertising the shirts. They asked me “Who is the black guy in the middle of the street selling shirts?” I told them I have no clue and that I was here with my family. At that time, Jackie walked up with Nia and I called them over to where I was. She asked me if I was okay and questioned the men for the reason why they were bothering me. They told her to keep moving, but she declined and said she is staying with me. They asked me again “Are you sure you’re not with that black guy in the street selling shirts, Eminem?” I told them no and that I don’t appreciate them calling me that. I said “I am with my family and that is it.” He asked again asked for my name and driver’s license but I refused to give it to them because they wouldn’t tell me their names. I then saw my wife walking through the street and I walked past Jackie and Nia (who were standing on the sidewalk). I approached Nicole, gave her my bill fold and told her to go to the car and get my license. Jackie had walked over toward us and started to walk with Nicole till she told her to stay with me. Nicole realized my school ID was in the billfold and gave it to Jackie to give me. She proceeded towards the car and Jackie came over to me on the grass. By then the Homeland Security (I.C.E agent) had called the bicycle police over to assist them. When the two officers approached and asked for my name and info, I gave him all needed information. I memorized my FL Driver’s License number and gave it to them while explaining that I got the shirts made in Tallahassee, FL, they were legitimate shirts and I wasn’t even selling them. They told me to follow their directions and take it up through the court system. The NFL worker gave me a pink receipt of seizure of property and a stack of court documents on how to appeal the process. I asked several times to get my shirts back and they refused. They told me I was free to leave, so Jackie, Nia and myself began walking back towards the car, when Nicole called at 6:39 pm. I told her not to worry about getting the license that they let me go but took the shirts and to come and meet us. She told me to find them and ask more questions of how to get the shirts back. The conversation lasted 7 minutes ending with us meeting each other at 5th & Ocean Dr. They all began walking towards the car as I began looking for the men.
After they arrived at the car, Jackie entered the passenger side door and shut the door. Nicole put Nia in her carseat and started to put the stroller into the back hatch As Nicole was putting the stroller into the hatch of the car, an NFL employee (Richard Logue) and I.C.E agent (Eduardo Escobar) approached her from her rear, dressed in plain clothes without properly identifying themselves. Logue reached over her left choulder and began pulling objects out of the car, elbowing her in her ribs, and calling her a “little Nigger Girl.” She was startled and scared, asking them what they’re doing in her property, while attempting to close the hatch. Escobar approached her right side and boxed her in while also trying to retrieve items from the car. Logue continually elbowed Nicole and knocked her to the ground. She got up and took a wide stance and tried to close the hatch again. Escobar stated “Homeland Security”, but didn’t show identification. She then balled up, backed up, moved to the left, fled to the driver’s seat, opened the door, started the car, and drove away. Jackie and Nia were witness to all the abuse and violence. As Nicole drove away, the men opened the back hatch, causing items to fall out of the hatch. Nicole turned right onto 2nd Ave where she saw a police vehicle with lights on ahead. She approached him, got out of the car and was waving him down as to help her. She told him she had been assaulted by two men and needed help. Officer Dominguez told her to “Shut up, I am in the middle of an investigation. Stand over there and be quiet.” He then approached Escobar and Logue, obtaining there statements and side of the story.
( I witnessed Officer Martinez driving past me on 6th and Ocean on a four-wheeler as I was heading toward the car. As I approached the scene where Nicole and the officers were, I overheard Jackie ask to speak with a Sergeant. They told me to sit on the curb and shut up or they would lock me up too. I said I had done nothing wrong, therefore I can’t be arrested, but continued to sit down. I overheard Martinez speaking with Escobar, not realizing I was sitting on the curb. Martinez asked him “Did she hit you?” Escobar stated “No.” He then asked “Did she hit you with the car?” Escobar said “No.” He then stated “We need to fix this.” I then stood up and they saw me, and then walked the opposite direction. )
Witnesses were approaching and returning the items that had fallen out of the car. They were attempting to give statements, but were told to leave, and that there was nothing to see there. Jackie had asked to speak with a Sergeant and that she wanted to press charges. As soon as she made that statement, the officers put the cuffs on Nicole. They would not tell us what she was being charged with. The only thing they kept repeating is that “If she would just shut her fucking mouth, then this would have all went away. She won’t shut up.” My daughter was now hanging out of the rear window screaming “Mommy, mommy.” I then walked over to her and picked her up and held her. They put Nicole in the car and took her to jail. They didn’t read her Miranda Rights, didn’t take anyone’s statement, and didn’t listen to any witnesses. We did not find out what she was charged with until we bonded her out early morning. She was charged with battery on a law enforcement officer and battery on the NFL employee. This was to keep her from being able to file assault charges on them.
The following morning, we went back to the scene of the incident and found Mr. Alan Gardner who saw the whole thing. We then got back on the road and took Nicole to Tallahassee Memorial Hospital where we found out that she sustained a chest contusion (bruised ribs), dislocated/sprained finger, and bruising on her knee, arms and breast area. She has had to seek counseling on the matter due to the traumatic effects. Our daughter still remembers the incident when mentioning Miami or Super Bowl. Her civil rights were violated, 4th amendment rights violated as well as her dignity taken from her. She was not given a fair trial and was found guilty by a jury against the greater weight of the evidence presented. Nicole is now sitting in Miami Women’s Detention Center 4 months pregnant without proper nutrition and prenatal care. We are now in the process of an appeal/retrial. Her sentencing date is September 16th 2010 following a Pre-sentencing Investigation. We need attorney representation, media attention to expose and uncover the truth, Civil Rights activists to help change how police and those with money can corroborate and fabricate lies, ruining other people’s lives, in order to protect their mistakes. Please help
Police Report- (Prepared By: Officer F. Dominguez #880)
On above date & time, Ofc's were dispatched to the 300BLK of Ocean Drive reference an emergency to assist an I.C.E Agent working a taskforce for the NFL sponsored events. Upon arrival, I met with (V01) and employee with the NFL who checks vendors that sell counterfeit merchandise. I also met with (V02) the I.C.E Agent. Both victims advised they served def & her husband with a civil citation earlier tonight & advised them that they could not sell counterfeit merchandise & that they needed to leave the area. Shortly after, Both (V01 & V02) observed the def & her husband again in the area selling the same merchandise. Def took an aggressive stance with (V01) and stated "What the fuck you going to do cracker?" (V01) again identified himself as an NFL investigator & identified (V02) who then identified himself with his badge & I.C.E Identification. (V02) advised def they needed to check the merchandise, upon which def. pushed (V01) to the ground & a struggle ensued. (V02) notifying police despatch of the incident Def then fled in a 2001 Mazda Tribute. silver in color SUV, bearing (FL-Tag-____) Ofc. R. Martinez #795 stopped the vehicle & detained def at the 100BLK of 2nd Street. Both victims transported to scene & positively ID'd Def. Def arrested & transported to M. B. P. D. Crime scene responded to scene
Injuries Sustained --Verified In Medical records
(1) Chest Wall Contusion -- A bruise to the skin, muscle or ribs. It may cause pain, tenderness, swelling and a purplish discoloration. Contusions take a few days to a few weeks to heal.
(2) Sprain (dislocated finger) -- A sprain is a tearing of the ligaments that hold the joint together. There are no broken bones. Sprains take from 3-6wks to heal.