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LTC 083-2017 Police Department's Response to Bicyclist's ComplaintI\. iV\I CH OFFICE OF THE CITY MANAGER No. LTC# 083-2017 LETTER TO COMMISSION TO: Mayor Philip Levine and Members f the C. Commission FROM: Jimmy L. Morales, City Manager DATE: February 16, 2017 SUBJECT: Police Department's Response to Bicyclist's Complaint This letter to Commission is provided as an update to a complaint made by Mr. Kenneth Bereski during the February 8th Sutnick Hour of the City Commission meeting. Mr. Bereski expressed concerns regarding a recent bicycle accident. He also provided a video link of the event via an email. The video has clearly been edited and does not show an actual accident occurring. It does show an encounter with a motorist wearing a G4S Security uniform. Mr. Bereski may have additional video that depicts an accident or an assault, but the Police Department needs to interview him directly and get from him any additional evidence he may have, including the complete and unedited video. In an effort to ascertain the status of Mr. Bereski's complaint, the Miami Beach Police Department has attempted to contact Mr. Bereski via various phone lines and his one known email address. At this time, all attempts have been unproductive. This is a common experience for the Police Department with Mr. Bereski. He does not respond to phone calls. He claims that email is his preferred form of communication. He insists that investigators conduct their interviews with him via email questions and answers, which is unacceptable to the Police Department. Once again in this most recent matter, the Police Department has urged him via email to speak to an investigator by phone or in person, and the investigator is awaiting a response. A review of the MBPD's Accident Report Database and pending cases under review by the Criminal Investigations Unit did not produce any information about the event that Mr. Bereski described. No report exists in police records under his name. While it is possible he has filed a report, without more complete information, it is difficult to conduct a more thorough search. Further, the Department of Emergency Management, which manages the city's security guard program, currently has no record of an incident involving a G4S Security Guard as described by Mr. Bereski. Mr. Bereski claims the G4S guard in question was working for the city, but G4S has other contract employers in Miami Beach. The Miami Beach Police Department has had many contacts with Mr. Bereski, dating back to 2005. These incidents include accident reports, criminal case reports and calls into the Public Safety Communications Unit (PSCU) to request police services. In these cases there is a common pattern of behavior wherein Mr. Bereski initiates contact with a motorist and the incident escalates into a verbal and/or physical confrontation. A summary of his more recent contacts with Miami Beach Police Department is provided below. • 11/18/2009: Mr. Bereski became involved in verbal altercation with the driver of a Mini Cooper at the intersection of Lincoln Rd and Alton Rd. Mr. Bereski stated that the other party then used his car to strike him. A report was generated, and the case was assigned to the Criminal Investigation Unit. The case is inactive because Mr. Bereski and the police could not identify the other party, did not have sufficient vehicle or tag information, and no surveillance video of the event could be located. • 4/12/2011: Mr. Bereski became involved in a verbal altercation with the driver of a Nissan in the 1200 Block of Alton Rd. Mr. Bereski stated that the other party attempted to strike him with his car. Police arrived, conducted an investigation, and arrested the other party for Aggravated Assault and Reckless Driving. • 1/14/2012: Mr. Bereski became involved in a verbal altercation with a taxi driver in the 100 Block of Collins Ave. The taxi driver exited his vehicle and pushed Mr. Bereski several times. Police arrived and conducted an investigation. The taxi driver was arrested for Simple Battery. This case was eventually dismissed in court because Mr. Bereski failed to appear as a witness. • 8/23/2012: Mr. Bereski called in a parking complaint in reference to taxi cabs obstructing oncoming traffic. Police responded to the scene. Mr. Bereski left the scene prior to police arrival, and the phone number he provided dispatch was not in service. • 10/04/2012: Mr. Bereski became involved in a verbal altercation with another driver while riding his bicycle. He followed the subject to the lobby of 6580 Indian Creek. Police responded and conducted an investigation. The investigation concluded that it was a verbal argument, and the matter was resolved with no report filed. • 07/29/2013: Mr. Bereski became involved in a verbal altercation with the driver of a Nissan. Mr. Bereski stated that the other party attempted to strike him with her vehicle and then exited her vehicle and attacked him. He then stated that she fled the scene. Police responded and prepared a report of the incident. The case was assigned to the Criminal Investigation Unit. An investigation was conducted. Mr. Bereski's claims were determined to be unfounded, and the case was closed. • 5/28/2014: Mr. Bereski became involved in a verbal altercation with the driver of a Chevy. Mr. Bereski claimed that the vehicle had attempted to strike him and then fled the scene. Police arrived on the scene, conducted an investigation, and concluded that they did not have the criminal elements necessary to pursue Mr. Bereski's claim of assault. A case report was generated documenting the incident. • 7/7/2014: Mr. Bereski called Police stating that a van almost ran him over. Police responded to the scene and were unable to substantiate Mr. Bereski's claims. • 8/20/2014: Mr. Bereski called Police stating that a pick-up truck had attempted to run him over. Police responded to the scene and were unable to substantiate Mr. Bereski's claims. • 01/09/2015: Mr. Bereski followed a female driver to the parking lot of Joe's Stone Crab and began aggressively yelling at her because he claimed she drove too close to him. Police could not substantiate Mr. Bereski's claim that a traffic offense had been committed by the female driver. Mr. Bereski's behavior at the scene was such that he was arrested for Disorderly Conduct. • 05/07/2015: Mr. Bereski lost control of his bicycle and fell. Police responded to the scene. Mr. Bereski claimed that another driver rode too close to him, and the vehicle passenger attempted to slap him. Police documented the incident on an accident report. Police did not have enough information to determine the identity of vehicle involved or the persons inside it. • 07/11/2015: Mr. Bereski was jogging at the intersection of Espanola Way and Washington Ave. He stated that a vehicle ran the red light, forcing him to strike the vehicle with his hand to avoid being hit. This knocked him off balance and caused a minor injury to his leg. Mr. Bereski claimed that a verbal altercation ensued, and the vehicle fled the scene. Police arrived on the scene and documented the incident on an Accident Report. Police did not have enough information to determine that the alleged traffic offense occurred or to determine the identity of vehicle involved or the persons inside it. • 12/17/2015: While riding his bicycle in the 2100 block of Collins Ave, Mr. Bereski was struck by a Mini Cooper. The vehicle then fled the scene. The incident was assigned to our Accident Investigation Unit and investigated as a Hit and Run. The subject was identified and charged with Leaving the Scene of an Accident with Property Damage. In Mr. Bereski's February 8, 2017 appearance before the City Commission during the Sutnick Hour, he claimed a new incident had occurred recently, involving a G4S security guard, a poor response by the Police Department, and a letter issued by the Police Department that it will not be investigating the matter. The Police Department cannot find any record that this matter was reported to the police based on the information Mr. Bereski provided at the Commission meeting, nor can the Department of Emergency Management. The Accident Investigation Unit will continue to try to reach Mr. Bereski by phone or in person to get more information, but his reasonable cooperation in this matter (including a personal interview) is necessary to get to the bottom of his complaint. The Police Department has a long history of receiving complaints of this nature from Mr. Bereski. For the past five years, Sergeant Jack Rodriguez has supervised the Police Department's Accident Investigation Unit and has had the most dealings with Mr. Bereski. He reports that there is no other person -- bicyclist, motorist or pedestrian -- that approaches the frequency with which Mr. Bereski brings these kinds of incidents and complaints forward to the Department. While the Police Department continues to address all such complaints that come to its attention, Mr. Bereski's lack of cooperation and pattern of unresponsiveness have made it difficult to fully investigate some of his complaints. Nevertheless, the Police Department has made arrests and taken traffic enforcement action when his complaints have been validated through investigation and when the enforcement action was appropriate under the law. JLM:DJO:WRG:tr