A Miami Beach Police officer who had been convicted of punching a tourist inside a hotel in 2021 has been granted a new trial.
In March, Officer Kevin Perez was found guilty of a battery charge for allegedly punching Dalonta Crudup, a man who was visiting South Florida with his family in the summer of 2021.
Police said they tried to ticket Crudup for parking his scooter illegally. Crudup fled the scene and police claim he assaulted an officer on the way to the Royal Palm Hotel. The tourist ran inside the hotel lobby, where video released by the State Attorney’s Office showed Miami Beach Police striking and slamming Crudup while trying to arrest him.
Crudup was an alleged victim, but also faced several charges including fleeing and assault.
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During Perez’s trial, which concluded in March, Crudup was subpoenaed to testify about the 2021 incident.
On April 19, Judge Ellen Sue Venzer dropped Crudup’s charges after the public defender’s office representing him filed a motion to dismiss claiming his due process rights were violated. According to the motion granted, the State Attorney’s Office failed to provide Crudup’s attorneys with evidence about the accused. The motion also quoted Perez’s guilty verdict.
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“During Mr. Crudup’s arrest, multiple Miami Beach police officers committed not only professional misconduct, but serious criminal acts against him,” stated the motion. “This very same State Attorney’s Office presented ample evidence of the egregious and criminal wrongdoing of Officer Kevin Perez in his criminal trial that took place last month, and undoubtedly has similarly substantial evidence against the others charged, and possibly others who were not charged.”
On Friday, Judge Alberto Millian said it appeared there was a quid pro quo in exchange for testimony. Millian believes the jury should have known Crudup’s charges 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.
A new trial date was not selected, but Perez’s attorney Robert Buschel said the state should no longer prosecute this case.
This week, NBC6 learned Judge Betsy Alvarez-Zane dropped Officer Robert Sabater and David Rivas’s criminal charges for a lack of evidence. Both were accused of hitting another tourist who was recording Crudup’s rough arrest.
