Date: Fri, 8 Feb 2002 12:36:30 -0800 (PST)
From: Lisette García
Subject: MDPD shooting, on Thanksgiving, of Nelson V. González
To: Miami-Dade County Mayor Alex Penelas
CC: MDPD Director Carlos Alvarez, MDPD Ofc. Robert Irizarry, MDPD Det. Juan delCastillo, Florida's 11th Judicial Circuit State Attorney Katherine Fernández Rundle, Miami Herald City Editor Judy Miller, South Florida Sun-Sentinel Miami-Dade Area Editor Dana Banker, Associated Press Miami Asst. Bureau Chief Adam Yeomans, ACLU Florida, ACLU Miami
Honorable Mayor Penelas:
You may remember the case of my next door neighbor, Nelson Vladimir González, gunned down by Miami-Dade Police in an industrial zone just outside Hialeah this past Thanksgiving. Nelson's shop foreman, riding in the company truck with him, did not survive that night's spray of official bullets, discharged when Nelson failed to stop promptly for a cruiser. Well, Sir, my neighbor, Nelson, who was facing a slew of steep charges, is home again, apparently scot-free. Unfortunately, it's something of a Pyrrhic victory.
In addition to running from authorities and violating probation on an earlier DUI, Nelson was arrested Nov. 23, 2001, nearly comatose, for felony manslaughter in the death of Nelson's passenger, 31-year-old Efraín Rodríguez, and for attempted murder of a law enforcement officer--in that triggerman Ofc. R. Irizarry could have been killed by the truck Nelson was driving. For this, Nelson faced a minimum 30 years in prison, according to local news outlets.
As you know, since that time, several South Floridians have died in similar circumstances. Following the most recent instance, in which 20-year-old Eddie Macklin was slain after a Martin Luther King Day celebration, a federal investigation was launched at your behest, in conjunction with the efforts of U.S. Rep. Carrie Meek. Who knows if the alleged rash of police shootings led to the curious change of heart regarding Nelson's case at the Office of State Attorney Katherine Fernández Rundle? Whatever the catalyst, the easy stroke of a pen at Florida's 11th Judicial Circuit headquarters in Miami yesterday suddenly restored Nelson's sorely-missed freedom.
Well, my hapless 34-year-old neighbor, alone in the universe, or at least in the United States, feels anything but lucky. In the run-in, Nelson lost use of everything from neck to hips, thus, too, his capacity to earn a living. Moreover, upon release from his season of pre-trial confinement at Miami-Dade County Jail, Nelson also was shocked to learn that his wallet had been emptied: his driver's license, green card, $500 payroll check and a copy of Pablo Neruda's collected poems, given him by me in hospital, have evaporated.
In place of personal effects, Nelson retains a couple bulky souvenirs of the experience: two of the 10 bullets fired by Irizarry, who remains, to my knowledge, in good standing with the department--yes, the same undergoing FBI review.
The .45-caliber rounds were to be surgically removed from Nelson's chest cavity today, Friday, Feb. 8, under terms of routine inmate care. However, on account of his newfound liberty, Nelson is exclusively responsible for the remainders of the event, and the county has saved itself the cost and risk of operating. His last dime gone, Nelson has nothing left with which to fund his own cure; the chunky, alloy fragments--painfully evident through his jail-pasty skin--continue to trudge over rib and clavicle, threatening immediate, final damage to vital organs and arteries.
Nonetheless, Nelson, undaunted and a bit gutsier for wear, greeted the day at 5:30 am, ready to fight for the recovery of his belongings. Mainly, he's eager for the owner of the shop where he used to work--10 hours a day, 6 days a week--to issue him greenbacks in lieu of the disappeared paycheck since, without ID and in possession of this recent felony arrest, he could not possibly cash a replacement.
Predictably, Nelson says he's thankful for, if not thrilled with, the little things in life. Please pardon the vulgarity, Mayor, but what Nelson says he's most grateful to have recovered, during his brief incarceration, is his ability to urinate independently, even if his aim is necessarily shot for lack of functioning hands to guide the direction of the stream. This morning, I was proud to see Nelson keeping a stiff upper lip despite having to ask to be shaved, showered and dressed by 48-year-old Andrés Fundora, another neighbor of ours.
As Nelson can't do for himself, he is with Fundora. They can be reached at 305-XXX-XXXX. The boarding house where they live is owned by also-resident Ricardo Dellanos, whose number is 305-XXX-XXXX.
Your help, Sir, is welcome and appreciated.
Most sincerely,
Lisette García
Date: Fri, 8 Feb 2002 17:11:03 -0800 (PST)
From: Lisette García
Subject: Nelson V. González, freed Thursday, arrested Friday; as on Thanksgiving, denied lawyer
To: Miami-Dade County Mayor Alex Penelas
CC: MDPD Director Carlos Alvarez, MDPD Ofc. Robert Irizarry, MDPD Det. Juan delCastillo, Florida's 11th Judicial Circuit State Attorney Katherine Fernández Rundle, Miami Herald City Editor Judy Miller, South Florida Sun-Sentinel Miami-Dade Area Editor Dana Banker, Associated Press Miami Asst. Bureau Chief Adam Yeomans, ACLU Florida, ACLU Miami
Honorable Mayor Penelas:
Moments ago, Nelson V. Gónzalez was dragged off the front steps of his home at 815 NW 32nd Ave. in Miami by three heavily-armed police dressed in combat gear, who claimed Nelson's court-ordered release from jail yesterday was "a mistake." Their outfits bore no name tags or badges and they did not identify themselves by name.
As was the case subsequent to his arrest on Thanksgiving, Nelson was not given the opportunity tonight to contact a lawyer. What he'd most like to know right now is exactly what the 11th Judicial Circuit of Florida meant by "time served" now that his sudden liberty so quickly has been revoked.
At Miami-Dade County Jail, where I can only presume Nelson was taken, reaching a lawyer will be virtually impossible for him as he is completely disabled from neck to hips. What's more, according to Nelson, guards there refuse to dial the phone for him.
Nelson also said during his short-lived reprieve that if fellow inmates hadn't bathed and fed him in his approximate two months of incarceration, he'd be dead by now.If nothing else, I beg you, Mayor, to use your power with integrity: ensure Nelson V. González is given the medical and nutritional care he requires to survive this ordeal and face a fair trial; a routine traffic stop should never constitute an automatic death sentence--at least, not in my backyard.
Also, because the .45-caliber rounds coursing through Nelson's chest have been deemed by doctors--both at Jackson Memorial Hospital's Ryder Trauma Center and at Miami-Dade County Jail's Ward D clinic--to represent an imminent threat to Nelson's life, please see that this unfortunate memento of Ofc. R. Irizarry's holiday zeal is surgically removed, right away, with the humane attention a truly civil society affords all its members.
With utmost confidence that you share my level of commitment to justice and equity,
Lisette García