MIAMI-DADE COUNTY, Fla. – An appeals court decided to overturn the conviction of a Miami-Dade police officer stemming from a 2019 arrest.
The court said the state attorney’s office should not have moved forward on the case.
Dyma Loving, the victim, is very upset over the decision and is hopeful she will win her civil case that is currently pending.
Body camera footage from the rough arrest of Loving went viral on social media after the incident.
It shows Officer Alejandro Giraldo slamming her to the ground.
Five years later, she says she continues to suffer.
“I have PTSD, I am taking all sorts of medications,” said Loving. “I am going to the therapist every week. It’s not okay. I can’t even sleep.”
Investigators said Giraldo made false statements on her arrest form.
It set off a legal battle between Loving and Giraldo, who was relieved of duty, arrested, and eventually convicted of felony battery in April of 2022.
Loving said in court she forgave him.
“I do forgive you, but if it wasn’t recorded on camera, no one would know the real Alejandro,” Loving said at the time.
He was sentenced to 364 days in county jail. Now his conviction has been overturned.
“I’m very disappointed,” Loving said. “I’m very just discouraged in my justice system.”
Loving feels the decision was a slap in the face.
“It’s all black-and-white, it’s on camera,” she said.
The ruling stated the state should not have moved forward with the battery count, as the arrest would have been lawfully made.
“There are no repercussions for what he (has) done to me,” said Loving.
The state attorney did issue a statement saying she was disappointed with the court’s decision.