Video of rough arrest of handcuffed woman led to Miami police officer Miguel Hernandez’s resignation

By Austin Carter

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    MIAMI (WFOR) — Newly released video shows the rough arrest of a handcuffed woman that led to the resignation of a Miami police officer.

It happened outside a gas station along the 1700 block of 7th Street in November 2020.

An internal investigation found Miami police officer Miguel Hernandez used excessive force while trying to arrest Julissa Burgos.

Hernandez initially approached her for loitering and smoking at the gas station.

Body camera video released Monday afternoon shows the interaction between the two was tense from the beginning.

The 20-year-old woman physically resisted. Then, when she was in the police car, she spat at Hernandez. That’s when he pulled her from the car by her neck, threw her to the ground, knocking her unconscious.

A second officer, who had turned away, immediately knelt down to check on Burgos, who was still unconscious, while he screamed at Hernandez. “What the hell did you do?” the officer yelled. “What the hell?”

Hernandez resigned on April 22, 2021, and relinquished his certification as a law enforcement officer.

The incident is now in front of the city of Miami’s Civilian Investigative Panel.

Rodney Jacobs, the assistant director for the panel, said the panel conducts investigations into the Miami Police Department for misconduct.

“We’re looking to give some finality to the process here in ensuring a thorough investigation is had,” said Jacobs.

The panel is reviewing the case in a meeting Tuesday night at Miami City Hall.

Jacobs told CBS’s Peter D’Oench that he was not sure what recommendations the panel would make during its meeting.

In a new statement, Assistant Miami Police Chief Cherise Gause said “An internal affairs investigation was conducted and we have cooperated with the State Attorney’s Office. As of June 22, 2021, M. Hernandez was no longer employed by the City of Miami Police Department.”

The Miami-Dade State Attorney’s office released a “close-out” memo, saying Hernandez would not be prosecuted and noting that he could no longer be a police officer in the state of Florida.

The memo said, “The complainant, Julissa Burgos, did not want to cooperate with a prosecution by going to trial…she was concerned about her individual case.”

The memo said that Burgos and her father were satisfied that Hernandez was no longer going to be a police officer anymore.”

In an official complaint, Burgos had noted “I suffer from stress-induced seizures. I have no control over what happens.”

A police report said she was arrested for vandalism after allegedly rubbing her cigar against a police officer.

Burgos, who at the time of her arrest was 100 pounds and 5 feet tall, was initially charged with criminal mischief and assault on a police officer. Those charges were later dismissed.

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