Dyma Loving says she and a friend were running errands in Miami on March 5 when they passed by a neighbor’s house.
A woman who called police for help wound up getting arrested.
Dyma Loving says she and a friend were running errands in Miami on March 5, when they passed by a neighbor’s house.
Loving says that neighbor, Frank Tumm, allegedly hurled insults at them. Loving told the Miami New Times they ignored him at first, but he kept going.
At that point, Loving says, she threw a plant at the 50-year-old. According to the paper, that’s when Loving says Tumm, who is white, allegedly pulled out a gun and told her he would “shoot my burnt black-a** face off my neck."
Loving says she and her friend took off and called 911.
At least five Miami-Dade police officers responded. Loving says the first set of cops spoke with her and her friend, as well as Tumm.
Then Officer Alejandro Giraldo showed up, and the situation escalated.
Loving told the paper that Giraldo was allegedly aggressive with them from the beginning. She said she asked him if he would escort them back to her friend’s house, so she could charge her phone and call her kids. Loving says he responded by telling her she needed to calm down.
Video of the incident starts off with Loving asking why she needs to calm down. Although the camera is facing downward — only feet are visible — it appears that Loving is standing opposite the officers.
Loving sounds emotional in the footage but doesn’t appear to move. An officer is then seen advancing towards her, pushing her against a chain link fence.
In the video, Loving is heard repeatedly saying, “Do not touch me.”
One officer continues to try to handcuff Loving, the video shows, while another holds her wrists together as she repeats the phrase. The officer trying to cuff Loving is then seen pulling the cuffs away, jolting Loving forward.
The officer is then seen wrapping his hands around her head and forcing her to the ground. Police reports identify that cop as Giraldo.
At this point, three officers are seen on top of Loving, forcing her hands behind her back.
Loving continues to scream that she wants to call her kids.
"He made me feel like nothing," Loving told the Times. "I don't feel safe anymore. I cry every day. I have kids, and I wonder, Who will protect them if something would happen to them? I could never call the police again."
Police reports match up with Loving’s account that she was not physically aggressive or threatening before Giraldo advanced toward her. At the time, a witness told the paper Tumm had not been arrested or detained.
Loving was arrested for disorderly conduct. She was held for hours before posting $1500 bond at 3 a.m. the next morning.
In a statement, Juan Perez, spokesman for the Miami-Dade police department, addressed Giraldo's actions, saying in part, “I am aware of the concerning video circulating on social media involving our department. I find the actions depicted on the video deeply troubling and in no way reflective of our core values of integrity, respect, service, and fairness...This is why last week, upon becoming aware of the video posted on social media, an immediate inquiry was initiated which resulted in the involved officer being relieved of duty and of his role as a field training officer.”
An investigation is also underway.
On Thursday, Tumm was arrested and charged with two counts of aggravated assault with a deadly weapon. His bond was set at $5,000.
On Friday, Tumm told WPLG he was innocent.
Loving has a civil rights attorney. They told the station they are planning on pressing charges against the police department, Giraldo and Tumm.
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