The Miami Beach police officer fired after an early-morning, allegedly drunken joyride on a department-issued ATV injured two people says he deserves to have his job back.
Derick Kuilan has filed a grievance with the city of Miami Beach arguing he was illegally blood tested after the crash and is demanding reinstatement and back pay.
Kulian, 30, was allegedly partying and drinking with women at a bachelorette party at the Clevelander Hotel on Ocean Drive while on duty in July. Hours later, with the headlights off and one of the women on the back of his ATV, he crashed into two people on the beach.
Kitzie Nicanor, 28, from Seattle, Wash., and Luis Almonte, 29, of North Miami were seriously injured in the crash. Nicanor has filed suit against Kuillan stating that a serious brain injury sustain in the crash will require 24-hour medical care for the rest of her life.
Police reports state that Kuilan's blood alcohol was .088, just over the legal limit to drive, when it was tested five hours after the crash. But Kuilan argues his termination was unjust.
“The city based their arbitrary decision to terminate me on an unconstitutional/unlawful test and false, inflammatory and unsubstantiated allegations and information,” he states in the grievance, which was filed the day after Kuilan was charged with two felony counts of reckless driving with serious bodily injury and two of DUI with serious bodily injury.
"Taking someone's blood is very intrusive," said Kuilan's attorney, Evan Hoffman. "That's why there's breath tests. Most DUIs are a breath test case. And the reason why you have breath tests is because there is something very intrustive about sticking a needle into someone's arm [and] forcibly extracting their blood to analyze it."
A second officer who was present and allegedly drinking at the club was also fired and has filed his own grievance. Kuilan and Officer Rolando Gutierrez were terminated because of "conduct unbecoming an officer" and for actions amounting to "dereliction of duties," Miami Beach Police Department said in a statement.
"Bottom line, the alcohol portion is what they're greiving but it's not the only reason they were fired," said city spokesperson Nanette Rodriguez. "They were fired for leaving their job posts, and for not doing their jobs."
State attorneys released an image of the pair posing with the women from the bachelorette party, allegedly taken July 2. Both are in uniform.
According to an arrest report, the behavior of Kuilan and Gutierrez "was so unprofessional that all five women did not believe they were real police officers."
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"These officers were not doing their jobs," said Miami Beach Mayor Matti Bower. "All police officers need to be where they are assigned to be doing their job and we cannot tolerate anything else."
