Former Biscayne Park police chief, 2 officers accused of intentionally making false arrest

Report: Chief wanted to maintain fake clearance rate of reported burglaries

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BISCAYNE PARK, Fla. – Former Biscayne Park Police Chief Raimundo Atesiano and two former patrol officers have been indicted for conspiring to violate a juvenile's civil rights by intentionally making a false arrest, the U.S. Department of Justice announced Monday in a news release.

According to the indictment, Atesiano ordered former officers Charlie Dayoub and Raul Fernandez to falsely arrest a 16-year-old, identified only as T.D., in 2013 in connection with four unsolved burglaries. 

Prosecutors said the police chief wanted the teen arrested, although there was no legitimate basis to arrest the teen, "in order to maintain a fictitious 100 percent clearance rate of reported burglaries."

T.D. was arrested June 13, 2013.

Prosecutors said the officers gathered information for four unsolved burglaries and wrote up four fictitious arrest affidavits, linking T.D. to the crimes.

According to the indictment, the police chief and officers knew there was no credible evidence against the teen and no lawful basis to make the arrest.

Less than a month later, on July 9, 2013, Atesiano announced at a meeting of the City Council for The Village of Biscayne Park that his department had a 100 percent clearance rate for burglaries, prosecutors said.

Atesiano, Dayoub and Fernandez are charged with conspiracy to violate civil rights under color of law and deprivation of the victim's civil rights.

They each face up to 11 years in prison if convicted.

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