MIAMI BEACH, Fla. — The trial of Kevin Perez, the Miami Beach police officer accused of third-degree felony battery for his alleged actions during Dalonta Crudup’s arrest nearly two years ago continued into its fourth day Tuesday.
After the state rested its case, Miami-Dade Circuit Judge Alberto Milian ruled prosecutors had failed to prove a crucial element of the most serious charge against Perez: third-degree felony battery.
“I think the state failed to prove that there was great bodily harm, permanent disability or permanent disfigurement,” Milian said to prosecutors. “You did not prove that whatever Officer Perez did was what was the cause of that three-centimeter laceration testified to by the doctor, so, I’m gonna direct the verdict down to simple battery in this case.”
Milian deemed that the state has not proven that the victim suffered great bodily harm, or that the defendant caused it.
As a result of Milan’s ruling, the jury will only be able to consider a charge of simple battery for Perez. The jury can either acquit Perez or at worst, find him guilty of a misdemeanor.
Felony battery is a third-degree felony that can be punished with a maximum of five years imprisonment, probation for five years and a fine of $5,000.
Under Florida law, simple battery is a first-degree misdemeanor, with penalties of up to one year in jail or 12 months probation, and a $1,000 fine.
“In a way, I want to commend you because it was the doctor’s testimony which was extremely persuasive upon making this position,” said Milian to prosecutors.
On Monday, Jurors also heard from Dr. Ramin Vejdani, the doctor who treated Crudup.
Dr. Vejdani said Crudup was taken to the hospital after the beating and received six stitches. He observed abrasions to Crudup’s right shoulder, face and chest, but also confirmed that he had no fractures or broken bones.
Prosecutors say Crudup initially encountered police on the street when officers requested several vehicles be removed. He then allegedly drove away on a scooter, away from officers.
Jurors began the day hearing from the state’s final witness, Khalid Vaughn, who observed and attempted to film Crudup’s arrest.
Vaughn said he saw officers engaging in “different forms of striking, punching (and) kicking.
Regarding Crudup, Vaughn said, “He just kept his hands behind his back.”
He then ran into the Royal Palm Hotel. In the elevator, video shows a lieutenant stopping him at gunpoint.
It’s after Crudup was on the ground and cuffed, when Perez allegedly kicked him, hit him and later slammed him to the ground.
“A police officer never told me to move anything,” Crudup testified Monday.
Defense attorneys tried to cast doubt on the idea that Crudup was slammed.
“You didn’t complain you were in pain did you?” defense attorney Robert Buschel asked.
“No,” Crudup replied.
A Miami Beach police officer testified that Crudup struck him with the scooter as he tried to flee.
“When I placed the bike, he just crashed into me, without stopping or attempting to render aid,” Officer Christopher Garrido said.
The defense started to call their witnesses as the trial continued Tuesday.
Perez has opted not to testify on his own behalf.
Closing arguments in the trial will begin Wednesday around 11 a.m. and then the jury will decide the verdict.
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