A chaotic video shows a struggle between a man and police at a home in Miami Gardens early Friday, an incident that ended in a controversial arrest family members say happened due to a case of mistaken identity. NBC6’s Ryan Nelson reports
A chaotic video shows a struggle between a man and police at a home in Miami Gardens early Friday, an incident that ended in a controversial arrest family members say happened due to a case of mistaken identity.
Martha Duperat told NBC6 that police suspected her son in a break-in two blocks from her home at Northwest 180th Terrace, just east of Florida's Turnpike.
At about 2:30 a.m. Friday, Duperat said her son was talking to his girlfriend on his cell phone in front of the house, when officers rolled up to her home and her son ran inside.
Ring video from Duperat's home captured the struggle with police at the front door where you hear someone yell, "I live here!" and police demand the young man step outside.
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Duperat said one of the officers injured his hand in the confrontation at the front gate. The video showed the officer inspecting his hand covered in blood.
Duperat insisted the incident was a case of mistaken identity.
"Even though they got the wrong person, they feel like because the officer got hurt they got to take him away," Duperat said.
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After the incident, Duperat said police took her son, 24-year-old John Kelly, into custody.
"It's not fair," said Duperat. "They need to make some changes because it can't be happening."
Miami Gardens Police said they spotted a man who matched the description of a wanted burglary suspect. The suspect had entered another home but had been held at gunpoint. The suspect fled on foot but was found by a police sergeant and pursued to the home on Northwest 180th Terrace, police said.
"The subject slammed an iron door on the sergeant’s thumb," police said in a statement. "The subject subsequently came out and was placed in custody."
Police have not provided the exact time of the attempted burglary. Kelly's family said video they provided to NBC6 proves he’s innocent. About 30 minutes before police show up at the door, he’s seen talking on the phone and going in and out of the house. Minutes later, Kelly runs inside, slamming the door before police demand he come out.
Duperat claims police brought the attempted burglary victim to the scene to take a look at her son and claims the victim said he was not responsible.
“They put him outside, they turn on the light so they see his face. So I guess the person said that wasn't him," she said. "And then he said something to the officer, the officers that was in the car say something to the other officer. The officer told the other one, that's a negative. “
Kelly was in jail on charges of aggravated battery and resisting an officer with violence. However, he has not been charged in the attempted burglary that sparked the scuffle.
A search of Miami-Dade records revealed previous charges of aggravated battery on a law-enforcement officer and weed possession.
Family members said Kelly will be bounding out and they will be consulting an attorney.
Miami Gardens Police said they were aware of the claims of mistaken identity and the investigation is ongoing. The injured sergeant was taken to a local hospital for treatment.
