Miami Beach police chief defends discipline of cop accused of excessive force

Chief Dan Oates 'comfortable with decision' to suspend, not fire, cop

MIAMI BEACH, Fla. – For the first time, the Miami Beach police chief is talking about the controversial decision to suspend -- not fire -- a detective accused of excessive force.

The slap and the kick are the critical acts that led to a veteran detective's suspension, and not his termination, as Miami Beach's police chief explained in a memo to city superiors.

"There were very significant mitigating factors that explain why, and I'm very comfortable with the decision," said Chief Dan Oates.

In fact, the chief outlines how the department failed the detective several ways two years ago that led to Phillipe Archer lashing out at his petite, intoxicated handcuffed prisoner in the garage at police headquarters.

Earlier that night, Local 10 News learned Archer in plainclothes was diverted from a drug sting to a call about a drunk women trespassing. Megan Adamescu allegedly attacked Archer physically, yelling racial slurs.

The scuffle became one against two as a bystander tried to break it up, grabbing and tossing away Archer's police radio.

Reasonable force was used and the arrests were lawful, state and federal prosecutors concurred. It was a different story, though, during booking, when a handcuffed Adamescu struck out and Archer struck back.

"If you slow down the video of the kick, the kick does not strike her. The sergeant is pulling her away and the kick actually lands on the sergeant's thigh," Oates said.

The chief said aside from no backup for Archer, there was no prisoner control during booking and an inappropriate processing procedure.

It has since been changed and moved from the garage, and the sergeant would have been disciplined had he not retired first.

The mitigating factors led the chief to suspend Archer without pay for a month.

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About the Author:

Glenna Milberg joined Local 10 News in September 1999 to report on South Florida's top stories and community issues. She also serves as co-host on Local 10's public affairs broadcast, "This Week in South Florida."