CLOSE OUT MEMO PRELIMINARY INQUIRY Special Prosecutions Intake JOSE J. ARROIO, Chief Assistant INVESTIGATION #: 86-14-33 DATE: May 19, 2014 pare_S\v ct SUBJECT(S): Det. Phillippe Archer INVESTIGATOR: Sgt. Osvaldo Ramos EMPLOYMENT: Miami Beach Police Department AGENCY: Miami Beach Police Department PHONE: 305.94 ALLEGATION: CRIME, STATUTE DEGREE, Battery 784.02 Misdemeanor CONCLUSION: On June 26, 2013, Megan Adamescu was arrested by the subject, Det. Phillippe Archer. The defendant was charged with Battery on a Law Enforcement Officer, Resisting an Officer With Violence, and Disorderly Intoxication. The Defendant was handcuffed and taken to the Miami Beach Police Department for processing. Defendant Megan ‘Adamescu claims that during this procedure, the subject struck her for no reason. Video surveillance from the police stations shows that as the subject and other officers were processing the defendant in the garage before escorting her inside the station. Megan Adamescu is seen kicking the subject. The subject struck back ather. The video has no audio, so what was potentially said atthe time is unknown.Based upon the video footage, it is not possible to prove a criminal intent on the part of the subject. investigation is closed. ‘The matter was pre\ declined, Sgt. Ramos is aware of this decision and will handle the matter administratively ce: Jose J. Arrojo The criminal wusly reviewed by federal law enforcement and federal prosecution was alsoCe U.S. Department of Justice N47 Civil Rights Division RIM:DK:re Crimi Section = PHB DJ 144-18-3464 950 Penny dv, WW Washingion, DC 20530 Miami Beach Police Department Police Chief's Office Internal Affairs Unit 1100 Washington Avenue Miami Beach, FL 33139 Dear Miami Beach Police Department: The Criminal Section of the Civil mn enforces the federal criminal civil rights Jaws, such as the willful abuse of authority by public officials that deprives individuals of liberties and rights defined in the United States Constitution or federal law. We evaluate allegations of civil rights violations to determine whether the evidence and circumstances of the case warrant a federal criminal prosecution, We received a complaint that Philippe Archer of your agency may have been involved in violating the civil rights of Andrew Mossberg and Megan Adamescu, We recently completed our review of the results of the investigation of that complaint to determine whether a federal jinal prosecution was warranted. Afler careful consideration, we concluded that the evidence does not establish a prosecutable violation of the federal criminal civil rights statutes Accordingly, we have closed our investigation. Please be advised that our conclusion in this matter does not preclude other components of the U.S. Department of Justice from taking action, where appropriate, under their separate enforcement authority This Division is dedicated to the enforcement of federal criminal civil rights statutes. We appreciate your cooperation in our shared responsibility to ensure the impartial and effective enforcement of our laws. Sincerely, LAA hyp Robert J. Moossy, Jr. Section Chief Criminal SectionMIAMI BEA\ POLICE CH POLICE DEPARTMENT ‘SUPERVISOR'S REPORT OF CONTROL OF PERSONS TNCIDENTINFORNATION MPO Case Number |Oaletincdont [ay Fimo: tian) Javea: 1 aj Sinat OOP Tracking Name: 2013-71647 6126/2013 Wednesday | 1836 lecat:2 38 2018-122 {cation of niin (aos, Gy 2b} 700 Wo Ave, Mla Beac, FL S98 ene of mane CHARGES] [Resisting arrest with oe }t [eatery on a L.E.0. Be clenen [3 Jobstruction of Justice {4 [Disorderly Conduct SURIECTS) NFORAATION COLI «one CII) tim terrence cre FIER -sntcosntasions IIE + sonia DODACI tecntn Isubjeet 2: 0-01 loticer : H-Hotan loticer 2: »-NotAppicabe [_1 |Amamescu, Megan Renee oe 20 fees WaWnite Female ay A ee feo faest-whio orto < e_ @ Firion Pris Powasio fest fect awit forse rr ae g fete fow foe fe pr fonor pit a ne = esa ee can ee eizota! cae do LOLI Orne DICIE> ress IEDs. re rescue IEICE rts onsen ICICI rennin III - otter poet 2: 2viiby Upsel ‘Aeon Use st 2 Icons Ie mee LL» one: soinan can ore o-natrpricase |S union nor oowninesseon [Epp omen DOO EID exten ee oniotomey | I mcm ageless enn omen FEB once sage eck eseeance st Pea st sz | Jor 02 a AC ime mean Pres Lage Ee Brin etesetecten Chen Bafana es eon [Jon onect [Ceeonns [Cheon [Irene — rece [Door [A verrssteatte [Je ren | lsum Ils IL Joscwne lover [Ibrovessive Pi Restncs [I hecomatos Pract Resins het eeseate [Ine poten Lossy rrce [AXherrtene ficer status los 07 [PeLJoncuy sing On Day Dost oroay [DPhpMIAMI BEACH POLICE DEPARTMENT anon (POLM CE surevisors rerorr oF CONTROL OF PERSONS _(rocusenoabo-rH) E ‘SUPERVISORY ACTIONSFNGNGS. [you for anathersupervsor pond oe eeane? Ves EJ Nol Namo of Sipersor Sl Darel Prt Wes, Dae: 06262018 rin 1830 Location: 700 West Sve. Mla Beach FSS1S9. (rant superior lew ube) 1 allies perzon? Ves BJ No L] Ne ol Sipervaor Sl Darra rata WVes, Dae: 0020019 rine: 1848 Location: TO0 Wes Ave. Mam Beach, FL 38138 fe sublets satomonts a conn wth Ino ures! Form and Case Repo. yu ("anlersuporveo)ieriew ofa)? Vex B] NL) Nae of Supevieor Sl Daal Pro Ves, Dal O0202073 Pfr 1840 Location: Pb0 Wes Ave. Mal Seach FL SOT38 line Orica’ statements re consent ih te est Form and Case Report yf ain supervisor rev wineses)? Yes [No] Nome of Supenisar Sal Davel Pao Vo, Date OUBWGOTS - ime: 1888 Loralon 700 West Ave am Boa, F339 Ie wnat atomons sr oni wi he Atel Farm and Caso Report 1 fines Name Lat Fre, C1) ro Tae 1 pak Lec i Washingon sve, lon Beach 33138 IS S70-775, FW Press Nan asl Pet TD ss rene 2 F Isupervisars Suramay of Findings lbetective Archer arrived at the above location and encountered the subject (Adamescu) and noticed that she had a vory strong lodor of an alcoholic beverage about her breath, was extremely unsteady on her feet, had red walery eyes, and a flushed lcomplexion, Detective Archer escorted her out of the above apartment complex and walked her to the 700 hundred block of lest Averue. Detective Archer asked the subject fora form of Identtication. She stated that her passport ws in her purse. [The subject was so intoxicated that she could not rerieve her identification after numerous attempts. Detective Archer removed 1er purse from her person and retrieved her passport. While conducting a records check, the subject became hostile and ligerent and began using racial slurs, She attempted numerous times to snatch the passport out of Detective Archer's ‘ands. While attempting to Keep the subject calm, an unknown while male (Mossberg) began to interfere with the ongoing investigation, Detective Archer identified himself as a Police Officer (gunibadge displayed). The subject who was later identified (subject #2 -Mossberg, Andrew) made the investigation extremely unsafe and was also arrested, While Detective Archer's |sttention was slightly diverted because of subject #2, subject #1 (Adamescu) slapped Detective Archer on the left side of the face. He immediately countered with an open hand strike to the subject's right side of her face causing her to fall to the ground nd tit the back of her head. The subject sustained a contusion on the beck of her head. Detective Archer attempted to have fe subject (Adamescu) calm down but was mel wih negative results. Detective Archer requested beck up units. A short time later officer Azier, L., LL. W. Jones, and I responded to assist, While in our presence, the subject stated, "Fuck you nigger, | will lhave your ass for hitting me. All you niggers are the same!” |When this happened, subject #2 charged at Detective Archer preparing to attack him. As subject #2 ren towards Detective laccher in an aggressive manner, Detective Archer told him to stop and at which time he conducted a front kick to the subject's labdomen erea, causing him to step back, The subject (Mossberg) became enraged and eame back at Detective Archer. [Detective Archer issued a second command to stop which was also met with negative results. As he (Mossberg) confronted [Detective Archer in a hostie state, he (Archer) then conducted a round house kick which initially struck the subject on the Ishoulder. AS the subject attempted to avoid that kick, i followed through striking him on the right side of the face. The subject kien fell to the ground. He stood back up, feet shoulders width apart and balled his fists. As Detective Archer grabbed his radio} ko call for emergency back up, the subject grabbed his radio from his hand and tossed it approximately 20 feet behind him, ich landed in some shrubbery. The subject deprived Detective Archer ofall forms of communication, ‘OMNIS TRATIVE Ta Nota Tra? [haa Tino [Photos oe Sabet [Taken Phoios of ices [Tater By rime Scene Unit ® las oONAD jresQsomnac |nya |N/A festanonan [507 rime Scene Unit#832 Ta pyaar Con gare wits Greaves Ves BI No] WAC Site Law Ves BU No CTA (O0ES NOT INGLUDE DISCHARGE OF FREARIS) anaporing Offer Oe /Lepe, 0. [raneported Fron:700Wes Av. Komi Beaeh. FL Tre yapo [rinse [anspor OfcorDonnpuse E aae [ranapaed FroniBPO. [om Sal TOK ia ranepoting ONOrPaEE 6 repoed Fron MBPO [ok inet lo6/26/2013 [Employee's immediate Supervisor'Sgt. Darrell Prieto wmondor Nv be mena 18 QO . | oecos-e3 Fazer Conia war 7D corman 1 gn S403 uf conhier ¢ ae Sgt. Darrell Prieto LL ceWsionee —__[ deo cplsey aeMIAMI BEACH POLICE DEPARTMENT 1 TP OLI Ge surenvison’s REPORT OF CONTROL OF PERSONS (coven) too cn 0-716) Isupor ‘Summary of Findings Ibetective Archer grabbed the subject's right arm and placed him in an arm bar. As the subject continued to Iresist, Detective Archer redirected the subject to the ground. He struck the front right panel of Detective larcher's vehicle which was parked in the immediate area, The subject was placed in a prone position on the loround. Detective Archer regrabbed the subject's right hand and was able to place handcuffs on one hand, he subject refused to place his other hand behind his back, purposely leaving the left hand underneath his labdomen area and making it extremely difficult to subdue him. After a short struggle, he was handcuffed and taken into custody. [During the violent and physical altercation, the subject sustained a laceration to the right side of his head, a left swollen face cheek and scratches about his arms. [The subjects were transported to M.B.P.0. las a result of the subject's (Adamescu) actions during the arrest, the subject suffered several bruises and ‘brasions to her facial area after making contact with the ground. Fire Rescue Engine #1 (incident # 13-11699)] responded to the station. The subject was examined and released by Fire Rescue. Crime Scene # 832 (Bruder, .) responded for photos of the subjects and officer.