But arrest by Miami sergeant-at-arms seems like a conflict of interests
Carlos “CJ” Gimenez, the son of the Congressman by the same name who used to be our county mayor, ran into Miami Commissioner Alex Diaz de la Portilla outside of Morton’s Steakhouse Wednesday — and slapped him.
There is animosity between the two and it was bound to happen.
Reports are not out yet, but witnesses and sources say that Gimenez confronted ADLP at a sidewalk table shortly after 2 p.m., asked something like “Remember me, you pussy?” and then slapped him across the back of his head. There was some yelling and some insults hurled and the commissioner’s sergeant at arms, a Miami Police officer, then tackled Gimenez and there was some wrestling on the floor. He held him until the Coral Gables police arrived.
Gables Police Chief Ed Hudak said Gimenez would be charged with simple battery, a misdemeanor, and booked at the Turner Guilford Knight jail. “It’s exactly how we would handle anybody else,” he told Ladra after giving a short statement to the media.
But it’s not really a typical case, is it? And it seems to raise questions about the whole city of Miami sergeant-at-arms program. Especially since the Miami cop — the one who works for and at the behest of the commissioner victim, the one who was in the scuffle with the congressman’s son — be the one to make the arrest and write the arrest report? Isn’t he a witness, too?
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Chief Hudak said that the Gables has a mutual aid agreement with the city of Miami that allows officers from each department to make arrests in the neighboring jurisdiction. “He is allowed to take action in our city,” he said.
“The officer took immediate action to detain him. I believe there was a wrestling match,” Hudak said.
That seems like a conflict of interest, at the least, to have the officer who was having lunch at Morton’s with the “victim” write the arrest report. ADLP is his boss. That arrest report is not going to be worth much.
And Ladra thought that mutual aid agreements were more about human trafficking and drug or gang task forces, robbery details and prostitution stings. Not misdemeanors. That just seems weird. The Florida statute states that mutual aid agreements “allows one municipality to provide assistance to another municipality on a specified, limited basis.”
But what assistance to Coral Gables Police was the Miami sergeant-at-arms providing?
And does this mean that any of the commissioners’ enemies — and there are lots of them — can be arrested anywhere by these sergeant-at-arms that act as personal gestapos? We already know, thanks to the former Miami chief of police, that these commissioners target critics and opponents. Does this mean that Carollo can have Bill Fuller of Ball and Chain followed until he drops something and then have him arrested for littering?
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Attorney David Winker, who is very active in Coral Gables and city of Miami government issues, said he was also concerned about the power of these sergeant-at-arms. He should be. He’s definitely a potential target.
“This is an improper arrest,” he said. “We need an independent investigation of the actions of City of Miami officer making the arrest in Coral Gables and review of Miami Commissioners traveling with ‘sergeant-at-arms’ to other jurisdictions.”
The ironic thing is that now Miami commissioners will say that this is exactly why they need these bodyguards. The whole program needs to be audited. But that’s another story for another day.
“Our detectives will also take statements,” Hudak told the press in a press conference (for simple battery!) that is on Facebook video thanks to Gables Insider. “It is a Coral Gables Police case. The incident is unremarkable, but because of who everybody is, we decided to let you know what’s happening.”
Hudak said there was no video from the restaurant, but that street CC video would be reviewed and released.
Meanwhile, ADLP — who did not return calls and texts from Ladra — posted on Twitter that it was nothing.
“It was more like a flick of his wrist from behind me when I was having lunch as he cowardly approached me from behind and ran away,” Diaz de la Portilla wrote. “This guy is not known as a very courageous guy. Actually he’s quite a coward and appeared to be under the influence.”
Under the influence? Ha! That’s rich! Let’s see the drink orders on that lunch bill! We’re still waiting for the drug and alcohol test results from the accident last month in which ADLP’s sergeant-at-arms was driving.
Read related: Miami’s Alex Diaz de la Portilla may have tried to cover up car accident
And if it was no big deal, why have him arrested? Hudak said “the victim can decline to press charges.” But Ladra is guessing ADLP won’t.
Simple battery can be charged against anyone who is touched unwantedly. That’s the legal criteria. But a “flick of the wrist” does not seem like something that should escalate to an arrest.
He also calls Gimenez a coward but why does he need a bodyguard anywhere he goes. Why does an armed police officer have to fight his fights? Talk about being a coward. And this could have ended much worse.
The two men used to be friends. Diaz de la Portilla worked on the senior Gimenez’s first two mayoral campaigns and CJ Gimenez helped ADLP with his state house race in 2012. Shortly after he lost that race to then Democrat newcomer Jose Javier Rodriguez, The Dean was arrested in Boston after he refused to stop smoking in a non-smoking room. CJ’s wife Tania Cruz Gimenez, who was starting to work on political campaigns, was also there and had travelled with ADLP to reportedly meet with a potential client.
Later, both CJ Gimenez and Tania Cruz Gimenez worked on the campaign for Miami Commissioner Joe Carollo in 2017, which ADLP was involved in. Cruz, an attorney who lost a bid for Coral Gables commissioner last year, also helped Carollo fight the 2017 court challenge on his candidacy’s residency requirement after it was claimed he did not live in the district.
But the relationships seemed to sour shortly after that and the Gimenezes were very involved in the Carollo recall in 2020.
Hudak said several people called 911 during the altercation at Morton’s, 2333 Ponce de Leon Blvd., which is close to CJ Gimenez’s legal and lobbying office. Ladra can’t wait to hear those calls and see any video. Can’t believe it’s not already on Instagram. Doesn’t anyone under 40 eat there?
Ladra was certain that Diaz de la Portilla, a veteran instigator, had started it with some provocation. But the accounts so far indicate that Gimenez — who does have a quick temper and some impulse control issues — came up to The Dean from behind and was not provoked. Sources say ADLP was having lunch with former Miami Commissioner Humberto Hernandez, his confidante, and attorney and lobbyist Carlos Lago, the brother of Coral Gables Mayor Vince Lago, which is curious enough and may be another story. Carlos Lago is actively lobbying for several development approvals, zoning changes and land use amendments in the city of Miami.
Diaz de la Portilla did not return calls and texts to his cellphone. Not even to gloat. Attempts to reach Carlos Lago through Mayor Lago were not successful Wednesday evening. Tania Cruz Gimenez and CJ’s attorney, Michael Band, were not available for comment.
The latest information shortly before 10 p.m. was that Gimenez had been booked at TGK. Took a long time — and Ladra can’t help wonder if that was delayed intentionally so that Gimenez has to spend the night in jail. It is logical to assume that ADLP could ask his sergeant-at-arms to do that.
Another reason why the sergeant-at-arms shouldn’t be the one making the arrest. It doesn’t seem at all like how the police would handle anyone else.
Winker told Ladra that he saw grounds for a “significant lawsuit” against both the city of Miami and the city of Coral Gables.
“From an arrest that never should have happened in the first place, by an out of jurisdiction City of Miami police officer acting as a bodyguard, to abuse of the booking process to make sure he spends the night in jail rather than being released on his own recognizance, none of this seems to have been handled properly,” Winker said.
Stay tuned for more details. The affidavit should be released Thursday and Ladra has already requested any video and audio of the 911 calls. Wonder if the Miami Police sergeant-at-arms had turned his body cam on.
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