Rebecca J. Kavanagh @DrRJKavanagh @theappeal Media Relations Director, NYC Public Defender, Writer, @nyulaw, @sydneylawschool, @sydney_uni. Sydney ✈️ NYC. Views my own. Oct. 04, 2019 3 min read

Remember a week ago when Tamarac City Commissioner Mike Gelin called out Broward County cop Joshua Gallardo for wrongfully arresting him?

So Commissioner Gelin released his cell phone video of the arrest. And guess what? He was right.

I tweeted the last minute and a half of the video above. This article includes the full four minutes.  https://tamaractalk.com/tamarac-commissioner-gelin-releases-video-verifying-claims-21715 

What's shown in the video completely aligns with Commissioner Gelin's narrative of events. It also shows that both the police report and the Internal Affairs Report into Gallardo were not just inaccurate, but contained outright lies.

The video shows an injured White man lying on the ground in distress. He is being attended to by two Black men and two police officers, all of whom are very calm. There are numerous bystanders, including Commissioner Gelin, who is filming at a distance.

Then Deputy Gallardo arrives and everything erupts.

Gallardo begins the confrontation with Commissioner Gelin. In the police report, he says Commissioner Gelin approached him from behind.

Gallardo asks Gelin what he is doing, to which Gelin responds, he is recording. The deputy says this is a violation of HIPAA laws. He says this 3 times.

Recording in public, even of an injured person, is NOT a violation of HIPAA.

He does not mention this in his report.

What he does say in his report is that he told Commissioner Gelin that he could continue recording, but from behind the bushes. This is a lie.

In fact he told Commissioner Gelin that there was a rule against recording - there's not.

In the police report, Deputy Gallardo stated that he told Commissioner Gelin that he needed to move back to make room for a rescue vehicle. The video shows that he did not say that.

The deputy then orders Commissioner Gelin to walk away. You see Commissioner Gelin walk away.

It's what he says then that seems to be what provokes the arrest. He says "What about everybody else?"

Because remember there have been other people standing around this whole time much closer to the scene.

Then the deputy says "Dude you're walking away," and some sort of physical interaction happens between the deputy and Commissioner Gelin.

So Gallardo arrested Commissioner Gelin despite him following his commands, lawfully recording in a public place, and in no way interfering with law enforcement.

Let's remember prosecutors saw this video (they dismissed the charges) internal affairs saw this video, but the officer was not only not disciplined, he was awarded Deputy of the Month.

And everyone (even in the comments below) still saying it was inappropriate for Commissioner Gelin to do this at an awards ceremony, it just blows my mind.

Let me break it down. Seriously.

Commissioner Gelin reported the officer. There was an internal affairs investigation. They had the video. But their report doesn't conclude the cop lied in his police report, which he clearly did. He didn't get disciplined.

The prosecutor had the video. They dropped the charges. But they didn't charge the cop. Lying in a police report is a crime.

So he did all of that. The cop was never held accountable. And you saw what he did. You think that is the only time that cop did that? That cop should have been criminally charged, and he didn't even get disciplined. Then he actually is getting an award, for Deputy of the Month.

That was the most restrained calling out I ever saw. And I hope @MikeG4Tamarac knows that there are so many people who are behind him and know what he did was right.

And Commissioner Gelin didn't even release this video immediately, even after the Mayor attacked him and defended the cop, and the FOP attacked him and people sent him racist letters, and cops posted his mugshot, which should have been wiped from the system, online.

I hope, but doubt, all of those people, especially the Mayor, will now issue public apologies to Commissioner Gelin. And that not only will Deputy Gallardo be stripped of his award, but that the state's attorney will bring criminal charges against him.


You can follow @DrRJKavanagh.



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