Appeals court upholds Miami Beach cop's guilty verdict for beating tourist

A Miami Beach officer found guilty of beating a tourist inside a hotel in 2021 could be sentenced this week after an appeals court upheld the jury's verdict. 

It’s been four years since five Miami Beach police officers were arrested after video showed multiple officers punching and kicking two tourists inside the Royal Palm Hotel.

Police said they tried to ticket Dalonta Crudup, a tourist visiting South Florida with his family in the summer of 2021, for parking his scooter illegally.

However, Crudup fled the scene, and police claim he assaulted an officer on the way to the hotel. The tourist ran inside the lobby, where video released by the State Attorney’s Office showed Miami Beach Police striking and slamming Crudup while trying to arrest him.

Throughout the years, most of the cases against the five officers have collapsed. 

In May of 2023, NBC6 learned Judge Betsy Alvarez-Zane dropped Officer Robert Sabater and David Rivas’s criminal charges for a lack of evidence. 

In May of 2024, NBC6 reported prosecutors cleared Steven Serrano of criminal charges after a separate appeals court decision, and there was a “gray area we wouldn’t be able to overcome with stand your ground." 

Sergeant Jose Perez pleaded guilty and was sentenced to probation.

Kevin Perez is now the only officer with a pending case since, after hearing from multiple witnesses, watching CCTV, and body-worn camera video, jurors found him guilty during his Feb 2023 trial. Perez was initially facing a felony charge, but during trial, Judge Alberto Millian reduced it to a misdemeanor battery. 

However, after the guilty verdict, Millian said it appeared there was a quid pro quo in exchange for testimony and granted Perez a new trial. Millian believed the jury should have known Crudup’s charges of fleeing from police before the beating would be dropped post-Perez’s trial.

“The weight of the evidence in this case indicates that if the jury had known about Mr. Crudup’s benefit, the outcome would have been very different. So the motion for new trial is hereby granted,” Judge Millian ruled.

However, two years after that new trial was granted, a Third District Court of Appeals opinion stated Judge Millian was wrong.

"Here, even if Crudup had not testified against Perez, the jury would not have reached a different result. The State presented sufficient evidence to convict Perez of simple battery. To prove the crime of misdemeanor battery," the opinion stated. 

The appeals court also stated, "There was no proof in the record of a quid pro quo agreement that was in place during trial." 

Criminal Defense attorney Erick Cruz, who represented one of the officers, told NBC6 the case returns to normalcy after the verdict, and Perez might receive a similar sentence of probation to Sergeant Perez. 

However, "the max sentencing allowed by law on a misdemeanor battery conviction is up to one year in jail," said Cruz. 

 Perez has been scheduled for tentative sentencing on Thursday. 

NBC6 reached out to Perez's attorney,y but he did not want to comment.