Police Department Deficiency Analysis

Report by Chris Truitt, Village Manager

May 15th 2024

Purpose:
The purpose of this analysis was to do a deep level analysis of police department policies and
operations in response to uncovering several surface level deficiencies in the areas of personnel
management, inventory management, evidence management, and performance management.

The purpose of this report is to inform the Commission of the findings including the deficiencies
identified and solutions for mitigation or remediation.

Scope:
The Village Manager asked the Internal Affairs Detective Louis Rodriguez and Deputy Chief Mark
Steele to begin an analysis on all personnel files looking for deficiencies in hiring practices and
documentation. This initial request led to additional investigations and analyses regarding
evidence management, equipment, inventory management, and public responsiveness.

Summary:
Chief Cabrera has been using his authority as Police Chief to bypass established and required
policies and procedures to permit unqualified candidates to be hired as police officers and
civilian police personnel. Three examples were immediately found and are highlighted below.

These examples have placed the Village of Biscayne Park, our employees, and our residents at
significant risk from the financial, legal, and public safety perspectives.

Example 1: Benny Lee applied for an officer position in 2017 but was denied due to having 12
internal affairs investigations from his prior law enforcement employers and was twice
terminated from employment with other law enforcement agencies. In 2018, after Cabrera was
appointed Chief, Benny Lee applied again to be a Village police officer. Chief Cabrera ordered
the BPPD background investigator to clear Mr. Lee for hire without conducting a thorough
background investigation. Chief Cabrera then hired Mr. Lee as a police officer, and then
promoted him to the rank of Corporal. It should be noted that the Corporal rank was created by
Chief Cabrera and is not in the rank structure of the police department. While serving as the
Corporal in charge of the evidence unit, Corporal Lee improperly removed narcotics, firearms,
and personal effects from the evidence locker. He has since been terminated and a criminal
investigation is currently pending.
Example 2: Jose Castro has a lengthy criminal history including assault and battery, domestic
violence, a firearms violation, and impersonating a police officer. Despite this history, Chief
Cabrera created a new volunteer background investigator position and appointed Mr. Castro to
that position. In addition, Chief Cabrera twice sponsored Mr. Castro to the police academy,
bypassing the normal background check normally done for admission to the academy which
would have caused his application to be denied.

Chief Cabrera also ordered staff to provide Mr. Castro with a BPPD identification card that is
identical to the cards issued to sworn police staff, identifying Mr. Castro as an officer. In
addition, Chief Cabrera ordered staff to issue a BPPD handheld police radio to Mr. Castro.
Members of BPPD have since seen Mr. Castro wearing clothing indicating he is an officer with
BPPD and have also seen red and blue emergency police lights on his personal vehicle.

While employed with the Village, Mr. Castro was working as a private security guard for the
celebrity Shakira. In a recent incident, Mr. Castro detained a trespasser at gunpoint, called 911
and identified himself as an off-duty Biscayne Park police officer with a BPPD badge number,
and was seen on responding officer’s body cam footage holstering his weapon as police arrived.
Mr. Castro is not a police officer and is not authorized by the Village to openly carry a firearm.
The Village Manager has since terminated the civilian background investigator program and Mr.
Castro’s relationship with BPPD.

Example 3: Chris Castro, Jose Castro’s son, was hired by Chief Cabrera despite being terminated
by Miami PD and having six internal affairs investigations, both of which would disqualify him
from employment with the Village as a police officer. The Village Manager has since terminated
Officer Castro due to multiple instances of improper handling of evidence and several
complaints from the public including one civil rights complaint. Since Officer Castro’s
termination, Chief Cabrera appears to be assisting Officer Castro with a USERRA complaint
against Biscayne Park filed with the Department of Labor (DOL). This assistance is evidenced by
the Chief, despite making the recommendation to terminate Officer Castro, advising the DOL
investigator that Castro was a good employee who could have been mentored. This has
exposed Biscayne Park to potentially significant legal and financial risk.

In addition to these issues, our investigation uncovered that Chief Cabrera is an absent and
detached administrator. Documentation in virtually all personnel files is severely lacking.
Background checks were not fully completed and training documentation appears to be
inaccurate.

Further, there is no inventory management program tracking firearms and ammunition, and
there is an insufficient amount of equipment to properly outfit all officers. There are also
confirmed cases of specific, new employees being issued additional equipment and uniforms
while existing employees are not.

It is the determination of the Village Manager that Chief Cabrera has failed to properly manage
the Biscayne Park Police Department (BPPD). Instead of adhering to the policies and
procedures designed to protect BPPD, the Village, and the Residents, Chief Cabrera has chosen
to bypass them to hire those whose applications would otherwise be denied. In addition, he
has failed to adhere to the policies and procedures designed to account for all equipment and
supplies, resulting in the risk of BPPD equipment, firearms, and ammunition being used for
personal or even nefarious purposes.

Additionally, the Chief has failed to implement any safeguards or standards for performance
management.

The police department culture must be corrected immediately.

Investigation and Findings:

1) Background Checks
On March 26 of 2024, while looking into citizen complaints regarding unprofessionalism
and civil rights violations made against Officer Christopher Castro, the Village Manager
requested his personnel file and found an incomplete background check form which was
missing approval signatures. Further review of Officer Castro’s file revealed that a
thorough and complete background check was not performed. If a proper check would
have been completed it would have uncovered that Officer Castro did not accurately
disclose on his application the number of and nature of internal affairs (IA) investigations
that he had while employed with the City of Miami Police Department (MPD).
Additionally, Officer Castro was terminated from his employment with MPD based on his
prior IA investigations, which should have resulted in denying him employment at BPPD.

On March 27 of 2024, the reclassification of two members of the police department

were recommended to the Village Manager; one from reserve to part-time and the
other from part-time to full-time. The Village Manager requested the personnel files for
review and found that both files were also missing the required signatures for
background checks.

Further, on April 25 of 2024, the hiring file for volunteer police employee Jose Castro
was reviewed after an incident that had occurred on January 8,2024 was brought to the
attention of BPPD. Mr. Castro was involved in a situation while working as a private
security guard for the celebrity Shakira at her Miami Beach home. During the incident,
Mr. Castro called 911 to report a trespasser. He identified himself on the 911 call as an
off-duty Biscayne Park Police officer and a responding Miami Beach police officer’s body
camera footage showed Castro holstering a weapon with the subject lying prone on the
ground in front of him. Mr. Castro is not a police officer and is not authorized by the
Village to openly carry a firearm. Further research revealed that BPPD has, at Chief
Cabrera’s direction, twice sponsored Mr. Castro to the police academy and also hired
him as a volunteer background investigator for the police department. Mr. Castro was
hired as a background investigator despite having a lengthy criminal history including
several arrests for assault and battery, criminal possession of a weapon (firearm), and
impersonating a police officer. It was also reported by BPPD members that Mr. Castro
was issued an ID card identical to those issued to sworn employees as well as a handheld
BPPD police radio.

The Village Manager also found that background check documentation for the above-
referenced police employees was lacking the signatures required to accept the
background investigation results and deem the candidate appropriate for hiring. This
“sign-off” process is a crucial step in the hiring process as it provides a final opportunity
for several members of the Command Staff to review the background check for
completeness and accuracy. As a result of these findings, the Manager instructed
Internal Affairs and the Deputy Chief to conduct an analysis on the background checks
for all members of BPPD. 23 were missing signatures, eight had stamped signatures, six
were missing notary verifications, 10 had investigative report errors, four had Florida
Department of Law Enforcement errors, one had no background check documentation,
and one had a forged signature.

In addition to the issues with Jose Castro, Christopher Castro, and the two officers
receiving reclassifications, it was found that Corporal Benny Lee failed to disclose 12
internal affairs investigations from his prior employment at Miami-Dade Police
Department (MDPD) including three for improper procedures that were sustained. The
background check documentation in Lee’s personnel file indicated that the investigator
was unable to obtain IA files from MDPD, a standard and crucial verification step, due to
COVID. The background investigator’s excuse for failing to obtain the MDPD records is
suspect since police departments were functioning during the pandemic and
background files were available for review. A complete and thorough review of Corporal
Lee’s background would have disqualified him for hire by the BPPD based on the 12 IA
investigations as well as the fact that he was terminated from both MDPD and
Sweetwater PD. It should also be noted that Corporal Lee originally applied to BPPD in
2017 but was rightfully denied employment based on his background. He applied again
 in 2018, after the hiring of Chief Cabrera, and was hired as a BPPD officer.

2) Evidence Management
Further review of Corporal Lee’s file led to an analysis of an IA investigation involving the
performance of his duties. During his employment with BPPD, he and Major Sandra
Roman (who resigned in 2023) were tasked with managing BPPD’s evidence program. In
February or March of 2023, Corporal Lee disposed of a firearm, taken from the evidence
room, by placing same in a dumpster at Public Works. It is unclear why Corporal Lee
chose to dispose of a firearm in such a manner and doing so is a violation of BPPD policy
and the industry standards for firearm evidence destruction. The IA investigation
determined that Corporal Lee was taking evidence, including firearms, personal
belongings, and narcotics, home rather than disposing of them in accordance with
proper policy and procedures. The IA investigation also determined that Corporal Lee
was having sexual relations with an officer from El Portal while on duty. These
encounters took place on camera and in plain view of the front doors of the police
department. In addition, the investigation caught Corporal Lee sleeping in the police
station on several occasions. It is important to note that a related criminal investigation
involving Corporal Lee evidence handling is currently pending.

Upon the new Village Manager’s arrival in August of 2023, no significant changes had
been made to the evidence program to correct the deficiencies other than assigning
different staff to the program.

Additional research into evidence issues showed that Officer Christopher Castro, on
three separate occasions, failed to properly secure and document seized evidence
including not documenting all evidence seized, the date and time impounded, and failing
to place his signature on the Property/Evidence forms as required by police department
policy and procedure. During the third incident, Officer Castro, in violation of policy and
procedure, weighed the narcotics with the packaging, causing the suspect to be arrested
for a felony instead of a misdemeanor. In addition, the narcotics were not properly
secured, having been left out with a civilian employee in the area, thereby breaking the
chain of custody of the evidence. Due to these issues, the State Attorney’s office
dropped the charges.

3) Inventory Management
Based on the fact that Jose Castro is suspected of possessing a police radio and the lack
of control of evidence, further investigation was undertaken. During this investigation, it
was determined that there is no formal or informal management of inventory. For a
 police department to function properly, all equipment needs to be recorded by serial
number and assigned to or checked out by officers. This includes firearms, ballistic
shields, tasers, radios, and bullet proof vests. Consumables such as ammunition also
need to be inventoried and tracked to ensure they are only being used as required and
approved. In short, based on the review of the police department’s present inventory
controls, BPPD cannot determine if weapons, ammo, or equipment is being used
appropriately or is missing. For example, there are several police radios that are missing
and unaccounted for.

4) Vehicles and Equipment

While looking into inventory management for handheld radios due to the Jose Castro
situation, it was discovered that 22 of our vehicles do not have a police radio installed.
While our officers do have handhelds, in-car radios are required for officers to be able to
function at major incidents or disasters where dispatch uses one channel and those on
the scene use another. In-car radios also have repeaters, ensuring that officers’
handheld radios are never out of range.

As part of this review, it was discovered that, for several years, new vehicles were being
outfitted for administrative use rather than patrol use. While they do have emergency
lights and sirens, they do not have the laptop stands, power inverters, cages, or long gun
locking systems which are required for patrol vehicles. The expense of these could have
been included in the lease if done correctly at the time of purchase. Now, years later,
BPPD must purchase and perform a full install of equipment and bear the costs of
refitting these admin vehicles so that they may be redeployed to patrol.

In addition, a police storage room at Public Works was recently opened and inventoried.
In addition to containing approximately 20 emergency light bars for patrol vehicles, the
room’s inventory included radar guns, computers, a mobile DUI checkpoint, uniforms,
radios, and many other pieces of equipment that could have been deployed rather than
purchasing new equipment. Or, if it were not needed, equipment could have been
auctioned off with the proceeds used to purchase new equipment.

5) Promotions
When looking at the process for officers such as Lee to be promoted to Corporal and
placed in charge of important functions such as evidence management, it was
discovered that there are currently no significant promotional opportunities or
processes at BPPD. Members may be promoted to Corporal at the discretion of the
Chief of Police, however there is no financial incentive for doing so and no regular
 performance management. The only reward for going above and beyond is a new title
and extra duties and if command staff is displeased, the action taken is removing the
title. There is no standardized way for members to move up the ranks such as the
Sergeant program that exists in virtually every other law enforcement agency. It should
be noted that the PBA CBA memorializes a promotion process for the sergeant rank,
however, the Chief was promoting corporals as a way around having to promote officers
to sergeant.

6) Public Access
When looking at the situation involving complaints from the public on Christoper Castro,
it was discovered that the residents seeking to file a complaint were having a very
difficult time reaching someone to accomplish that task. Ever since the Covid 19
pandemic, the police department is not staffed for members of the public to come to
the police department to speak with a member of the department. Police departments
in most jurisdictions are open to the public during business hours and have police
personnel present to engage with the public. While calls for service must be done
through MDPD dispatch, the police department should be open to the public during
business hours to provide assistance with routine situations such as requests for reports
or advice on handling situations.

These discoveries are, in the Village Manager’s opinion, evidence of a complete lack of
administrative oversight and adherence to current policies and procedures. While the police
department is certainly in a far better position than it was when a previous Chief and several
officers were charged with and convicted of crimes, there has been a complete lack of
improvement since the initial changes.

To remedy this, the Village Manager has determined that the following action must be taken.

Next Steps:

After being presented with these findings, Chief Cabrera tendered his resignation and
provided the attached response. We will immediately begin a search for a new Chief of
Police. Deputy Chief Steele will continue to serve as Acting Chief until a new Chief of Police
is appointed.

We are also beginning the following changes immediately:

1) Background Checks
The Village Manager, in addition to Command Staff, is now reviewing all pre-
 employment background checks including documentation from previous employers
regarding IA investigations and other disciplinary action. Per existing policies, applicants
that have been terminated from other law enforcement agencies or have had IA
investigations sustained without appropriate explanation are not eligible for
employment at BPPD.

After consulting with the Village Attorney, it has been determined that the Village does
not need to redo background checks on all officers missing proper documentation.
Instead, the Village Manager may request verification of backgrounds when discipline or
promotions are requested.

2) Evidence Management
An electronic access system will be installed at the Police Department and the adjoining
Village Hall (due to off-hours police use of the facility) pending Commission approval. If
approved in June, installation should be completed by 7/31/24. This system will include
biometric identification for access to the two secured evidence areas as well as standard
card access at all exterior and interior doors. Electronic access logs will be correlated to
evidence logs. Having biometric identification provides a way to confirm the identity of
the person accessing the evidence rooms in addition to the camera system which, by
itself, can be defeated. An electronic system also allows BPPD to terminate access
remotely at any moment if needed.

3) Inventory Management
In addition to providing additional accountability for the evidence rooms, electronic
access will provide accountability for the consumable supplies room. Access can be
granted on a per-person basis, helping to ensure that only authorized individuals
properly trained in accounting for inventory can access supplies such as weapons and
ammo.

To that end, a Village-wide equipment inventory project has been launched with
expected completion by 12/31/24. All non-consumable equipment valued over $100
will have the serial number and inventory sticker number assigned and recorded.
Equipment will be checked out for use, documenting the serial or inventory number and
the person to whom it is assigned. Consumables such as ammunition will be closely
monitored, accounted for, and regularly audited.

4) Vehicles and Equipment

All new vehicles will be initially equipped for patrol use. The only exception will be
 cages; they will be ordered with the rest of the vehicle equipment but not installed until
such time as that vehicle is deployed to patrol due to the occasional need for admin
vehicles to have backseat passengers.

Regarding radio equipment, an RFP will be posted to obtain radios and installation
services for all existing vehicles without radios. Approval will then be at the
Commission’s discretion.

In addition, Supervisor and admin vehicles are generally not marked with graphics. To
increase visibility when these vehicles are patrolling, they will be required to operate
their lights in cruise mode (red and blue lights on solid, not flashing) when possible.
BPPD is also going to purchase magnetic police decals to be used when unmarked
vehicles are on patrol in the village as well as during special events and large incidents.

5) Promotions
The Village intends to move away from the corporal program and re-instate the
Sergeant program which provides for the posting of promotion opportunities,
conducting interviews, and selecting final candidates. It also includes a defined pay raise
upon promotion and specifies performance management procedures.

6) Public Access to Police

The Village Manager eliminated one of the command staff positions and changed it to a
civilian administrative assistant position. The expectation is that the person in this
position will eventually be able to receive non-emergency phone calls and serve walk-ins
at the police department. During off hours, the non-emergency phone line may be
forwarded to the supervisor working that shift; this has yet to be decided. We need to
be extremely careful with how this is rolled out due to the need for all calls to be
dispatched by MDPD.

It is important to note that these findings are all administrative in nature and do not
diminish the work that BPPD officers do on a daily basis. Generally speaking, we have a very
dedicated team of officers who take great pride in serving Biscayne Park.

All the changes being made will also assist with accreditation. Accreditation requires the
adoption of industry standards and procedures and then proof of adherence to them.

Rather than dwell on everything that has been done wrong, we will simply identify it,
correct it, and then continue moving forward.
Chris Truitt
Village Manager