August 19th, 2014

South Florida Man Fights Back After Felony Arrest for Asking Cop to Drive Safer 101

By Francisco Alvarado

All Eric McDonough wanted was for Homestead Police officer Alejandro Murguido to obey the same traffic laws he enforced in their neighborhood.

Instead, the 36-year-old scientist ended up in jail on charges of aggravated stalking and threatening a public servant because he confronted Murguido with his cellphone’s voice recorder outside the cop’s home  two years ago. Since then, McDonough says Homestead Police Department brass have refused to investigate Murguido for falsely accusing him even though he has an audio recording that contradicts the cop’s version of events.

McDonough’s troubles with Murguido began on Oct. 24, 2012. McDonough was driving in Homestead, municipality in South Miami-Dade, when he claims Murguido began tailgating him in his patrol car.

“He went to pass me and it appeared as if he was going to hit my vehicle,” McDonough recalls. “I swerved to avoid him. A car heading in the opposite direction had to pull off the road to avoid a head on collision with Murguido.”

Five days later, McDonough, who lived down the street from Murguido, saw the cop in his front yard talking to his lawn man. He went to go talk to him about his reckless driving as he had done several times in the past, including once when Murguido begged him not to file a complaint.

“If I had a problem to bring it to his attention since we were neighbors,” McDonough says. “I never filed a report.”

This time, McDonough had enough. He turned on the audio recorder on his cellphone and walked up to Murguido. The audio recording, which you can hear below, proves McDonough was upset, but not combative.

 

“What is your problem with me?” Murguido says. “Did I write you a ticket? Did I do something to you?”

McDonough tells the cop to respect the traffic laws he’s sworn to uphold. “Can you not speed and not run through stop signs?” He says on the recording. “I would appreciate that.”

Murguido ends the conversation with a veiled threat. “The next time you come here you will have a problem,” Murguido says. “This is my house and you don’t have a right to be here yelling at me.”

McDonough turned off the recorder and headed back to his house. “I got about two blocks away before he got in his cruiser and chased me down,” McDonough recalls. “He demanded that I stop or that he would arrest me. He held me against my will on my street in front of my neighbors for over an hour and a half.”

At least 11 cops were on the scene. In addition to Murguido’s colleagues from Homestead Police, officers from Miami-Dade Police were also there since the alleged incident took place in their jurisdiction. McDonough claims one of the county cops, Lt. Alex Diaz de Villegas, aggressively patted him down and then warned him not to go on Murguido’s block or else he would be arrested for trespassing.

The incident left him rattled, McDonough says. “On Halloween, I couldn’t go trick-or-treating with my wife and daughters because I was afraid that if Officer Murguido saw me, he would escalate the situation,” he says. “The following day, I went to the emergency care center after not eating or sleeping for four days because I was so upset.”

Alejando Murguido

According to a Nov. 1, 2012  Homestead Police incident report, McDonough’s doctor, Ernesto Rodriguez, called the cops for assistance reference a “psychotic patient on the scene that is paranoid and delusional.” Two officers showed up and detained McDonough until his wife came to pick him up. McDonough claims the cops detained him against his will. “I was cooperative and not a threat to myself or others,” he says.

McDonough also accused Rodriguez of writing a false medical report to make him appear crazy. “The doctor made up many lies including entering false quotes that I never made,” McDonough says. “I went back to have a meeting with the doctor. I took my father-in-law who used to be the head nurse at two psyche wards. We explained to the doctor that the report contained a lot of false statements.”

Rodriguez revised the report removing the alleged false statements, McDonough says. He gave PINAC copies of the original and revised versions. In the latter document, quotes attributed to McDonough have been erased.

After the holidays, McDonough left a message for Homestead Police Det. Antonio Aquino on Jan. 24, 2013, asking to make a formal internal affairs complaint against Murguido, who also went on the offensive. On Feb. 15, 2013, Murguido gave a statement to a county police detective who opened an investigation into McDonough for “corruption through threatening a civil servant.”

At the end of the month, Murguido sought a permanent injunction against McDonough. In the civil court filing, Murguido took several liberties with the truth about what happened the day McDonough confronted him outside his house, pictured below. He falsely claims that McDonough said: “You better stop running stop signs and speeding in the city…I was following you the other day, and I saw you do that.” Murguido also claims the incident took place on Dec. 22, 2012, three months after it actually happened.

In what has become a standard practice among cops going after citizens, Murguido alleged he was in fear of his life.

Alejana Murguido

In March, Aquino contacted McDonough to obtain his statement against Murguido. In an email to Homestead Police Chief Al Rolle, Aquino says that McDonough was uncooperative. “He believes we and others are conspiring against him,” Aquino writes. “I also explained to him that HPD IA investigations are completed impartially.” McDonough says he didn’t take Aquino seriously because the detective took three months to return his phone call. He also declined to give a sworn statement based on his attorney’s advice.

In April, Murguido’s motion for a permanent injunction was dismissed after he failed to appear for a court hearing. However, a month later, Miami-Dade Police arrested McDonough.

He was sitting in his home going through some public records he had just obtained about Murquido that revealed his sordid history when he saw a quick flash of blue and lights through his window. He stepped outside and was greeted by four or five cops who remained on the other side of his fence.

“I asked them how I could help them and they asked me to step outside my fence,” he said.

He asked again but now they were ordering him to step outside. He did and was promptly handcuffed, driven to a station and interrogated before he was placed in a cell. He also kept asking on what charges was he getting arrested and they kept telling him they would tell him later.

Although he had the recording that would prove his innocence, several lawyers he contacted advised he not make it public, telling him he would be charged with criminal wiretapping, which is bad advice considering there is an expectation of privacy provision in Florida’s wiretapping law as there is in all states that have a two-party consent law.

State prosecutors dropped the initial charges down to misdemeanor simple stalking and trespassing. In June of last year, McDonough was allowed to enter a pretrial diversion program to avoid prosecution since he was a first time offender, allowing him to proceed with a lawsuit.

With his case closed, McDonough sought to have Murguido investigated for making false statements against him. In addition to allegedly lying about his confrontation with McDonough, Murguido has a long history of making stuff up to protect himself or hurt others.

When the 55-year-old cop was working for the Hialeah Police Department, he was repeatedly disciplined for behavior unbecoming an officer. In 1998, Alejandro Murguido was suspended from the Hialeah Police Department for 120 hours without pay. He violated a number of department rules, including the very egregious act of making up a false report. Murguido was also found incompetent, negligent, and inefficient in performing his duties. He had a history of bad behavior. He was reprimanded for conduct unbecoming an officer while in court and for issuing parking tickets without legal justification and with improper motives. He was also busted lying several times about his reason for missing court appearances, including a serious domestic violence case.

In a letter explaining why he was upholding Murguido’s 120 day suspension, then Hialeah Mayor Raul Martinez wrote: “You continually demonstrate that you are unwilling to comport yourself in a manner befitting a Hialeah Police Officer.”

According to his Homestead Police personnel file, Murguido has been counseled for making inappropriate comments on the police radio, having trouble resolving verbal conflicts and not always being well received by the public.

Yet, McDonough says Murguido’s superiors blew off his complaint. On Feb. 7, he met with Aquino and Homestead Police Chief Al Rolle, but had no luck. The chief arrived an hour-and-a-half late for the meeting and then took a ten minute phone call from his wife, McDonough grouses. “Det. Aquino was rude and hostile,” McDonough says.

On May 22, Aquino closed the internal affairs investigation into Murguido. He wrote that no there was no substantial evidence that would prove Ofc. Murguido violated any law or departmental procedure.

McDonough is preparing his lawsuit against the Miami-Dade and Homestead police departments that lists almost 40 cops as defendants.

McDonough explains his story in more detail in each of the two videos, including one video where he attended a Miami-Dade Police community meeting and demanded answers from a major.

And he elaborates further in his emails to Aquino and Rolle.

*****

Francisco Alvarado is a Miami-based journalist who has won numerous awards for his investigative stories. In addition to writing about public corruption and scandals, Alvarado opines regularly about the Drug War’s impact on society and pop culture on his site, www.servingdope.com


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  • eric mcdonough

    I cant beleive this is finally out. Thank you Pinac. Every last one of you guys rock.

    • MSMediacritic

      Good luck Eric. It takes a long time and they are counting on you giving up!

      • eric mcdonough

        Thanks for the wishes of luck. Im not the kind of person that gives up until every last stone has been overturned, until every resource has been exhausted. I truly see this as my children and grandchildrens future hanging in the balance of what happens in the next rew years.

    • http://www.policemisconduct.net Film The Police Always

      Is this his house:https://www.google.com/maps/@25.465934,-80.519752,3a,90y,182.61h,86.04t/data=!3m4!1e1!3m2!1svREv5AmaEh5_5wjWrDnmRQ!2e0

      20308 SW 324th St, Homestead, FL

      This one sounds real corrupt. I guess he’s acting like a 3rd world country cop.

      • eric mcdonough

        Nope. 20298

        • http://www.policemisconduct.net Film The Police Always

          (Fixed)

      • James M Morriss

        not in his mind, he is not. I doubt he can count to “this many”.

    • Guest

      Very well presented but met with usual contempt from public servants. They need to be removed from their careers permanently.

      If you aren’t familiar with them read the comments in the post below regarding officer surety bonds.

      http://photographyisnotacrime.com/2013/12/22/atlantic-city-cop-ordered-pay-250000-pocket-suspect-abused/

    • John Q. Public

      I called the HPD at (305) 247-1535 after being told by both the Mayor’s Office and City Human Resources Department that all police hiring decisions are made by the police department.

      The HPD informed me that all of their hiring decisions are made by the Internal Affairs Division (after first trying to brush me off to the City’s HR Dept), and transferred my call to the voicemail of I.A. Detective Antonio Aquino.

      I left no message, and will continue to call back until I am able to ask him directly this simple question : Other than basic police officer certification (i.e. POST), what – if any – hiring criteria are in place for HPD officers?

      Because, whereas a Class A CDL may qualify one to drive a big rig, an employment record similarly egregious to this officer’s would prevent them from being hired by all but the most fly-by-night of trucking companies.

      And while they will not – perhaps, can not – speak to this officer’s situation, they can certainly speak to their hiring practices.

      I hope the reader will consider calling and making a similar enquiry; but, be forewarned, they seem quite displeased about fielding these types of calls regardless of how polite and well spoken I was.

      • eric mcdonough

        They are not likely to say anything. Aquino’s number is (786) 493-2565 and his email is aaquino@homesteadpolice.com
        Murguido even lied on his polygraph for employment. I talked about all of this with Aquino and he said everything was OK and they were aware of it when hiring him, and that it wasn’t a problem. He has also made at least six false statements to suprvisors, at least one to the State Attorney’s office, wrote three ticket with malicious intent. He really is not a nice guy. Everyone new I seem to meet has had a negative run in with Murguido.
        I called and left Aquino a message on 1/24/2013, he did not return my call until 3/19/2013. Aquino stated that he was returning my phone call from several days earlier. However Murguido filed his injunction on 2/28/2013, and in it he states that I contacted IA and he was advised to file a protection order against me.
        I wouldn’t expect much from him but please feel free to try.

    • eric mcdonough

      I am asking any concerned parties to please help out by
      sending an email to put pressure on people to act. Below is a short suggested
      statement. Anyone is free to use this as
      is, modify this or make their own statement entirely. Then below the statement is the email
      addresses to send it to.

      To whom it may concern,

      I am sending this as a concerned citizen. I am aware of the problems with law
      enforcement in South Florida, and particularly that which James Eric McDonough
      is having with both Homestead and Miami-Dade Police Departments. I find such actions by the accused officer(s)
      and the lack of actions by any of those in administration to be abhorrent. It is respectfully requested that immediate
      corrective action be taken to prevent any further violations of the rights of
      Dr. McDonough, and the good citizens of Miami-Dade County. Thank you for your
      attention to this matter.

      BCC list to send the statement to.

      mayor@miamidade.gov, cgimenez@miamidade.gov, jporter@cityofhomestead.com, CommunityOutreach@miamisao.com, info@fdle.state.fl.us, fdlecomments@fdle.state.fl.us, ggretsas@cityofhomestead.com,
      jpatterson@mdpd.com, arolle@homesteadpolice.com, district13@miamidade.gov, district12@miamidade.gov, district11@miamidade.gov, district10@miamidade.gov, district9@miamidade.gov, district8@miamidade.gov, district7@miamidade.gov, district6@miamidade.gov, district5@miamidade.gov, district4@miamidade.gov, district3@miamidade.gov, district2@miamidade.gov, district1@miamidade.gov, bcazalis@cityofhomestead.com, rick.scott@eog.myflorida.com, pam.bondi@myfloridalegal.com,

    • jcfromnj

      Eric one aspect that I would point out is to bullet proof your paper work, to maintain a paper trail. I send multiple copies of an IA Request, to the County Prosecutor and the Attorney General’s office, Registered Mail. They are in the chain of command, and you get to bring down the heat from the top of the food chain.They don’t like to be put on record.

  • Falutin Free

    If any Joe Regular had this many disciplinary actions taken against them they would be on the unemployment line in a heartbeat. It is insane to me that these uniformed clowns get to stay on the job after so many infractions. Best of luck to you Mr. McDonough.

    • Difdi

      If Joe Regular had done even half those things he’d be in prison. The police only refuse to investigate their own.

      • http://Www.fuckthegovernment.info F.T.G.

        O. You mean when “Liars Investigate liars”

        • Guest

          I prefer, “traitors investigate traitors.” But both are accurate.

          • ENTWAFFNUNGDERGESTAPO!

            death-camp-guards investigating SS war criminals

          • Rail Car Fan

            Ahhh…

            Don’t let “EC-LS” see your above comment because he’ll go into a long dissertation as to why you’ve incorrectly used the word “traitors”.

            Rail Car Fan

          • Guest

            Excop has told us we must use the word “malfeasance” not “traitor.” He has also commented that cops don’t violate your rights. They execute poor “supervision of rights.” In excop we have a real life example of Orwell’s newspeak.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            I don’t believe I have ever said that officers don’t violate rights as a general proposition. I have stated, under specific factual conditions, that what you thought was a violation of rights was not any such thing.

    • eric mcdonough

      Thank you for your wishes. No offense taken or meant but, its actually Dr. McDonough. Thank you again for the good wishes.

      • eric mcdonough

        Thats for them. You can call me Eric.

        • PINAC Troll

          Who the fuck are you? Nobody Eric. You can go fuck yourself if you think that I have to call you Dr.

          • eric mcdonough

            Please call me Eric. I dont expect anyone to call me doctor except when addressing me formally with a title.

            Im not expecting anyone here to address me formally. I was just pointing out that its Dr. not Mr. I meant no offense to you, sorry if it came off that way.

          • ENTWAFFNUNGDERGESTAPO!

            Eric, know that you need not dignify “PINAC Troll,” with any serious responses. Or any reply at all. It prefers taunting, sarcasm, and ridicule.

            Keep holding the nazis’ feet to the fire in Homestead. Great work! Good luck with your suit, and I hope a lot of bacon fries.

      • Falutin Free

        My sincere apologies.

        • eric mcdonough

          No need to apologize. Thank you sincerely. It stinks holding so much in for so long. I can’t describe to weight I feel lifted from my shoulders.

  • http://Www.fuckthegovernment.info F.T.G.

    I truly feel that we (the Citizens) need to start our own database that houses information on all cops. Citizens can exercise their right to Public Information on Officers then submit to the database. Can included all violations on officers. I would contribute to a cause like that. This database could be used to discredit Officers and hopefully have them removed after the State starts loosing so many cases due to corrupt Law Enforcement. What do you think people?

    • http://photographyisnotacrime.com/members/charlie-grapski/ Charlie Grapski

      This is something that Carlos and I have been discussing. So it is certainly something I would very much encourage – and would like to find people with some skills at creating an online portal to a database that can be used to submit and search such records.

    • Guest

      Carlos has this in his plan already but no funding currently set for it. I’ve seen at least 1 person volunteer to create and maintain it until PINAC gets enough money. But I didn’t see Carlos respond to that post. I would hope he will look for input on it and accept offers for assistance.

      • Carlos_Miller

        I don’t think I saw that comment. Whoever wants to talk about this, please email me at carlosmiller@pinac.org.

      • http://Www.fuckthegovernment.info F.T.G.

        I am willing to commit $25.00 right now. Coming your way Carlos.

        • http://Www.fuckthegovernment.info F.T.G.

          Done. Ok, who will match my $25.00 donation I just made for the new Database project?

          • http://Www.fuckthegovernment.info F.T.G.

            Come on people. This is how we can make a difference. Not everyone can do what Jeff, Carlos, I, and thousands of others do when they go out on “the front lines”, but by donating a few $$ we can actually make a difference.

          • eric mcdonough

            I pledge $250.00

          • eric mcdonough

            Done

          • http://Www.fuckthegovernment.info F.T.G.

            you are awesome sir.

          • Carlos_Miller

            Thank you, Eric!

          • http://Www.fuckthegovernment.info F.T.G.

            Is super easy to donate. Just go to the link at the top of the page. I did it in about 20 seconds.

          • eric mcdonough

            FTG, thanks for also contributing. When its up and running ill also add to the database.

            I am actually very positive these days. Yes the travesties happen, but I see so many people waking up. It will take many to stand up before they change.

          • PINAC Troll

            Most of us are not that stupid.

          • http://Www.fuckthegovernment.info F.T.G.

            No one was implying that you were. Was just trying to be helpful. I apologize.

      • John Q. Public

        Uhm . . . There’s no need to reinvent the wheel here.

        The CATO Institute’s “Police Misconduct Reporting Project” is already doing most-if-not-all of what’s being suggested @ [ http://www.PoliceMisconduct.net ].

        Moreover, I suspect they’d be amiable to incorporating any additional needed data (especially if the request is followed by these pledges of financial assistance).

        Additionally, I believe inclusion of each others feeds on each others home pages would be a phenomenal first step.

        Then, if Flex Your Rights [ http://www.FlexYourRights.org ] could be brought into the fold, we’d really have a powerful resource.

        • Guest

          Not sure why you replied to me. Carlos, said email it to him. If he doesn’t see your post he may miss more useful input or assistance.

  • Guest

    These police officers are traitors. Traitors to their oaths. Traitors to their duty. Traitors to their country.

    • Guest

      Based on your past posts I believe we can safely assume this is your position on all future posts. Anything else to add besides that?

      • Guest

        “Based on your past posts I believe we can safely assume this is your position on all future posts.”

        Yup.

        “Anything else to add besides that?”

        Maybe. But for now, “traitor” will be the crux of it.

        Sorry if it bores you. But I usually limit myself to one, maybe two posts per story. It makes me feel good to say it (write it).

        • ENTWAFFNUNGDERGESTAPO!

          i don’t mind your posts. And I don’t think you can say it enough.

          afnmfh

        • John Q. Public

          “A Rose By Any Other Name Would Smell As Sweet” ~ Juliet (Shakespeare)

  • ben dover

    Great job PINAC this is just growing and growing. I tell everyone i know about this site and get good feedback

  • JayBone
    • Carlos_Miller

      Check the story again. I had to embed it.

  • Pingback: Davie.ORG » South Florida Man Fights Back After Felony Arrest for Asking Cop to Drive Safer

  • J Dunham

    Amazing travesty. This idiot needs to be stopped. Thank both you for fighting for us all. .

  • take em

    This type of policing will come to be known as the Ferguson Technique.

    • no media

      I heard a reporter was beheaded, was that in Ferguson?

      • ENTWAFFNUNGDERGESTAPO!

        sadly, this same joke crossed my mind as i browsed the news this morning. The nazi-occupation-goons in ferguson have the same view of journalists as isis. Maybe worse. Isis would probably be happy to murder any american for sport, journalists just happen to be the easiest targets on hand. I’m not so sure they hate journalists as much as the gestapo. Who are the real terrorists?

        I wonder who the gestapo would enjoy beheading more, a black man or a journalist. I guess they get double points if they murder a black journalist.

  • Chip Seal

    Use the open records law to see if you can get his Brady list (Laurie list) file from the city prosecutor. The prosecutor can’t use Aquino as a witness with his record.

    His value to the city is drastically compromised, and he will cost them in court settlements. Why can’t the city replace him with someone less costly?

    • eric mcdonough

      I have filed many public records request with Homestead Police. They are having problems with their public records request. See the article below. Francisco Alvarado the author of this article also wrote the one below.

      http://www.miamiherald.com/2014/06/26/4204155/prosecutors-state-investigate.html

      Thats just a glimpse of the corruption within that department.

      • Chip Seal

        Aquino has been promoted to the head of IA? Wow. Just wow.

        ACLU time.

  • http://cynicalinny.blogspot.com/ Cynic in New York

    Go McDonough

  • b33bl3br0x

    getting a forbidden on the second doctor report

  • Robert

    I am so glad I left the Bad cop infested Cesspool that is South florida over 25 years ago.

    • inquisitor

      This is key to understanding.
      Miami-Dade is a cesspool of police corruption beyond belief.
      I do my best never to set foot down there whenever possible.

  • James Johnson

    What is the purpose of publish the officer’s name, address and a picture of his house?

    843.17 Publishing name and address of law enforcement officer.—Any person who shall maliciously, with intent to obstruct the due execution of the law or with the intent to intimidate, hinder, or interrupt any law enforcement officer in the legal performance of his or her duties, publish or disseminate the residence address or telephone number of any law enforcement officer while designating the officer as such, without authorization of the agency which employs the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    History.—s. 1, ch. 72-85; s. 1346, ch. 97-102.

    • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

      Fla. Stat. § 843.17 is unconstitutional, see Brayshaw v. City of Tallahassee, 709 F. Supp. 2d 1244 (N.D. Fla. 2010). It is a restriction on content of speech and was not narrowly tailored to serve governmental interests. The federal court permanently enjoined the State of Florida from enforcing the statute.

      However, having said that it is not illegal is not the same thing as being wise. Carlos at one point said that he was not going to allow police officer’s home addresses to be posted at PINAC as it was unprofessional. I hope that he continues this policy and redacts the information.

      • http://photographyisnotacrime.com/members/charlie-grapski/ Charlie Grapski

        To put a stop to the misunderstanding – the goal of this sub-project is a public database of law enforcement officials – no different than law enforcement keeps records on members of the public.

        No one has said anything about putting up anything but what is PUBLIC RECORD or PUBLIC INFORMATION in this database.

        As for publishing a police officers HOME ADDRESS – it is true there is no crime if one simply does that. I also have no problem, in 99.9% of cases, to respect the idea that the home address not be widely publicized. The .1% exception that I leave open for possible exception to this general approach – is when a cop has clearly committed crimes – but is not being held to account for them. In such cases – if a good argument were made for such publication and dissemination – I would have no principled objection to sharing that information with the public. Frankly – I believe all police should be MEMBERS OF THE COMMUNITY – and the community ought to KNOW THEM PERSONALLY. And know where they live – because they should LIVE AMONG the community – AS ONE OF THEM. Whereas we have built a system that ENTAILS the presumption by police that they are separate, different and distinct – and following from that – that they are not subject to the SAME set of laws as citizens (and see themselves of “police” and all others – not as citizens – but in military speak (part of the problem) – as a “civilian.” ALL POLICE are “civilian” officials – not, like in the military, distinct from “civilians.” Creating this police/civilian status and distinction – is PART of the PROBLEM.

        But again – the discussion is maintenance of an EASILY and READILY AVAILABLE PUBLIC DATABASE of law enforcement. It is meant as a tool for the public’s right to know and the ability of the public to hold its public “servants” accountable TO the public and UNDER the law.

        It does not require the inclusion of home addresses – because, generally, this is not relevant information. Again – I reserve a small percentage (.1%) of a caveat to this general “rule” – for cases when it DOES become relevant. But if and when such would be the case – is just a hypothetical at this point – and when the possibility arose – would have to be deliberated on a case-by-case basis. IF it were decided to publicly release such a home address, in those rare exceptions, it would NOT be a criminal act.

      • Carlos_Miller

        Usually, the incidents I write about have nothing to do with the residence of the officer, but in this case, the entire ordeal Eric went through was a result of a conversation he had with the cop in front of the officer’s home, making it part of the official record.

        Also, the fact that Miami-Dade PD told him he would be arrested for trespassing if he stepped onto the cop’s block led to me using a Google map to put this into perspective with readers.

        The cop obviously makes no secret he is a cop by parking his car prominently in his front yard (not to mention calling attention to himself by driving recklessly through the neighborhood), so I didn’t see this as an invasion of privacy as it would be if the incident had nothing to do with the cop’s residence.

        • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

          Carlos, I can see that perspective, and while I would prefer it be redacted, I cannot fault your reasoning on this.

          Thanks for responding to my concerns.

        • ENTWAFFNUNGDERGESTAPO!

          No need to explain releasing public info. It is not that hard to find out where someone lives if determined, even gestapo who go to extra lengths to try and hide.

          I think a nice map printout is a useful resource to include in any/all stories, your call. It would certainly be a public service. Just refrain from calling for the homestyle lynch party in the article. That will take take care of itself.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Ent, that is exactly why most addresses should not be posted.

          • ENTWAFFNUNGDERGESTAPO!

            you say this as if would be a bad thing

          • http://photographyisnotacrime.com/members/charlie-grapski/ Charlie Grapski

            I agree most addresses ought not to be publicly posted (while I think it would be better if the very nature of policing were today such that it would not be necessary in the first place – because the addresses WOULD be known in the community already) – because that serves no actual value to the community.

            Except in particular cases. I think in this particular case – it is not only appropriate – but necessary. Since the whole issue revolves around THAT ADDRESS.

          • Carlos_Miller

            After reading this story, I seriously doubt anybody is going to try anything stupid at his home, knowing they will be retaliated against by the Miami-Dade Police Department.

          • ENTWAFFNUNGDERGESTAPO!

            don’t ever underestimate stupid or crazy.

            not really sure what exactly that means, but it sounded pretty clever, so there you have it.

  • John Q. Public

    I called the HPD at (305) 247-1535 after being told by both the Mayor’s Office and City Human Resources Department that all police hiring decisions are made by the police department.

    The HPD informed me that all of their hiring decisions are made by the Internal Affairs Division (after first trying to brush me off to the City’s HR Dept), and transferred my call to the voicemail of I.A. Detective Antonio Aquino.

    I left no message, and will continue to call back until I am able to ask him directly this simple question : Other than basic police officer certification (i.e. POST), what – if any – hiring criteria are in place for HPD officers?

    Because, whereas a Class A CDL may qualify one to drive a big rig, an employment record similarly egregious to this officer’s would prevent them from being hired by all but the most fly-by-night of trucking companies.

    And while they will not – perhaps, can not – speak to this officer’s situation, they can certainly speak to their hiring practices.

    I hope the reader will consider calling and making a similar enquiry; but, be forewarned, they seem quite displeased about fielding these types of calls regardless of how polite and well spoken I was.

    • http://photographyisnotacrime.com/members/charlie-grapski/ Charlie Grapski

      There should be a PUBLIC RECORD that contains the Department’s standards and criteria for hiring and for vetting applicants.

      Yes – they will not be happy about any such calls. Because they have been allowed to think of themselves as INDEPENDENT OF and ABOVE the citizenry – rather than as public servants of and for the citizens.

    • John Q. Public

      Accidental double post. My apologies.

  • Pingback: Eric McDonough explains how he was retaliated against… | TLEG

  • jonquimbly

    I don’t mean no disrespect, but for a scientist you didn’t spend much time on the experiment phase, i.e. “evidence gathering.” Had you videoed this turd, in all your encounters with him, you’d be in much better shape, but instead you’ve got a single data point (as a scientist, you’ll know what that means).

    Going to his house three other times, not making a recording, leaves it in the cop’s hands to tell his version of the truth, valued higher by the courts. I’m armchair quarterbacking, and you’re apparently new to this game, so… not much to do but wish you “good luck.” And record all your future interactions with the police, otherwise you’re setting yourself up to be a victim.

    Buy an home CCTV system. Buy dash cameras. They’re both now very inexpensive and very effective. See http://dashcamtalk.com/ for example.

    • Jamesdiamond

      He did say that he has other evidence but that he isn’t releasing them just yet.

    • Falutin Free

      “I don’t mean no disrespect”
      So you DO mean disrespect. Is that what you are saying?

      • jonquimbly

        Hey girlfriend, where I come from that’s a way of saying “Sorry if the following criticism hurts your feelings, but I think you need to hear this…”

  • rob

    Why are you messing with a cop? Are you trying to be the next Timothy Treadwell? Would you have done the same thing to a criminal with a stolen car? Asked him why is he speeding? He would have probably shot you. You are trying to do something good but heading down a wrong path. There are other ways to accomplish your goals of helping the community and trying to correct an officer of the law by going to his house is not the way. Hopefully you have learned a valuable lesson: work on your own issues first.

    • James M Morriss

      Rob, You obviously have no reading skill and/or comprehension. He did not go to the police officers house. Eric went to the house of a NEIGHBOR to ask him to drive more carefully. The neighbor just happens to be a cop. Eric was trying very hard to keep it unofficial and not threaten Murguido’s job. He tried to talk to the guy man to man; unfortunately Murguido does not appear to be a man.
      That detail aside why should a cop expect any deferential treatment? Someone comes through my neighborhood driving like an ass, you better believe he is going to hear about. If they litter they will get their trash back. Eric had every right as an interested party to the safety of the neighborhood to act on the cops REPEATED careless driving episodes. He lives on the corner. That means there is a higher risk that a car will end up in his yard, or even his house, if there is an accident.

      • eric mcdonough

        I also have three small children I was concerned about.

      • rob

        You obviously have no logical skills. I want him to do the same thing to a criminal, tell him that he is speeding. Once he does that, then I will pay attention to what you have to say. Sure he meant good, but bad approach, if you think I am wrong, then you do the same as he did.

        • eric mcdonough

          Rob first I did say something to a criminal as Murguido is a criminal.

          As to me saying something to a street criminal, I would likely call the police becaue I dont feel like going through what Zimmerman did.

          I dont know why you think one should always bite their tongue. Im also confused as to your request. Do you propose I go say something to someone with a gun committing forcible felonies. Well it depends upon the situation, I would not let some thugs rape or beat someone in front of me. Yes I will likely pay and suffer for such, but I will not forfeit my soul through inaction. Thats one of the biggest problems in our society is that too few are willing to stand for what is right if it cost them anything.

          I was concerned for the safety of my neighborhood, so not really what is wrong about my approach. Maybe I shouldnt have trusted a police officer not to lie from the beginning, however im not anticop so this is not a natural reaction for me. I will not judge all becuase of the actions of a few. Maybe I should have just filed a complaint. I was trying to be a good neighbor and gentleman.

          Im not sure why you would challenge or encourage someone to open their door to a known and dangerous criminal. Actually I see little in your post other than childish ad hominem attacks and weak straw man arguments.

          As to learning a lesson, I did, I will never talk to law enforcment without having everything recorded. I feel what I did was right and fully lawful, and would do it again in a heart beat. Why do you want people so afraid of exercising their rights? Truly licking boots cant taste that good.

          Public officials work for us please try to understand that. I have no problem telling a public official they are out of line when they are. I also expect to be told when im out of line. A badge doesnt grant any extra rights.

          Please inform me as to how I took the law into my own hands. So requesting someone to obey amd follow the law, is taking the law into my own hands? Your logic is critically flawed, im sorry but it is.

          Yes we are all sinners. Yes we have all done bad. So should i just ignore a safety issue? What do you propose just allow evil to prosper. I pray that your not in law enforcement. Im sure if you thought someone’s actions were placing your families safety in jeopardy you would say nothing, as you have also made mistakes.

          Im sorry im really not trying to attack here, but I have read few more anti ameircan values diatribes than yours in a long time. I really pray for you.

          • http://Www.fuckthegovernment.info F.T.G.

            Very well stated sir.

          • jonquimbly

            Another way of reading what rob said, is that you gave a cop criticism and (perhaps naively) expected an honest reaction. Instead, the cop slammed you into the blue wall, giving you lies and punishment for your efforts.

            You’ve observed a cop breaking the law. You have a right to complain about it. But you could present that information in a way that protects yourself from harm by these scumbags, and in doing so make it easier for said cop’s superiors to understand that he is in fact routinely doing something dangerous and illegal. Or, you can go on expecting honesty from cops.

            If I had a cop speeding dangerously down my street every day, I’d set up an HD CCTV camera to record the roadway 24/7, and in such a way that passing cars can be clearly observed passing fixed landmarks. So that timing can be objectively ascertained. So that my complaint(s) will be considered, and possibly even upheld and the cop sanctioned.

        • J Dunham

          Complete moron.. comparing apples to cars.

        • kringlebertfistyebuns

          You’re a pure-d fool, son.

    • Carlos_Miller

      The cop told him to address all issues with him instead of his superiors since they were neighbors.

      But never believe a cop.

    • eric mcdonough

      How is asking a neighbor to drive safely, who had previously requested I bring issues to him and not the department, messing with a cop? Why do ignore every law and policy he has violated, and place the blame on the one person who acted within the law?

      Im assuming you’re talking about the bear guy. Please try not to mix your facts up so much.

      Are you proposing that car thieves speed around and advertise that they are a car thief?

      As to getting shot, it seems dirty cops are doing most of that these days, or do you not watch the news?

      If holding public servants accountable is heading down the wrong path, I pray that Jesus doesnt put me on the right path.

      I did not go to the officers house. I was walking down the street and happened to see him. I stood in the road and motioned for his attention. I never entered his property. Lets be clear about that. However, even if I had that is not illegal, unless I refuse to leave upon request. I would propose that if he doesnt want neighbors to confront him at his house, then he should drive like he has a brain in his head, at least while in the neighborhood.

      Based on your apparent understanding of the law and constitutional rights, I would offer that it is you who needs to work on some issues.

  • James M Morriss

    Just a point of order here. It appears you have The circled on the aerial view. By the cop car parked in the yard in Google Earth street view, he lives at 20XXX.

    Property Information
    Folio:
    30-7815-007-XXXXX
    Sub-Division:
    FARM LAND ESTATES
    Property Address
    20XXX SW 324 ST Miami FL 3030-5136
    Owner
    S & S HOLDINGS GROUP LLC
    Mailing Address
    8501 SW 184 ST MIAMI FL 33152
    Primary Zone
    2100 ESTATES – 15000 SQFT LOT
    Primary Land Use
    0101 RESIDENTIAL – SINGLE FAMILY : 1 UNIT
    Beds / Baths / Half
    4/ 2/ 1
    Floors
    1
    Living Units
    1
    Actual Area
    3,159 Sq.Ft
    Living Area
    2,339 Sq.Ft
    Adjusted Area
    2,812 Sq.Ft
    Lot Size
    20,167 Sq.Ft
    Year Built
    2007
    The house you have circled is owned by M.L. ALVARADO and verified by the class A camper in the yard.

    Someone implied that a law was broken by printing the address of a cop. So to keep this from being misconstrued: THERE IS NO MALICE INTENDED. THESE ARE MERELY FACTS THAT CAN BE FOUND EASILY VIA GOOGLE EARTH AND THE MIAMI-DADE PROPERTY SEARCH

    I merely did a property search near Erics house and got an address then typed it into Google Earth and started cruising the streets in street view and started clicking on houses in the GIS site until I found what I was looking for. So this is to officially thumb my nose at James Johnson, The addresses are left out in deference to ECLS. The whole point of Erics first contact was NOT to involve a cop but to ask his neighbor to drive more carefully. That is a very important point that has been over looked here. Murguido is the one that involved the cops here. This whole incident is about where everyone lives.

    • eric mcdonough

      In about January 2009, I was with a nuresery woman riding on a farm use vehicle, which was marked as such. Murguido cut her off and pulled us over threatening her with arrest. This was the fifth or sixth time he had pulled her over and threatened to arrest her. He has also harassed her employees, and her brother also a nurseryman has also been harassed as well as his employees. This all outside of his jurisdiction, when they were committing no crime. I live in an agricultural area.

      I saw him throw litter out his window on or about March 2009. He drove a block or two and pulled over to the side of the road, not at his house. I stopped beside him and asked him to pick up his trash. I left and he never did.

      Then in about May 2009, he ran through the stop sign in my neighborhood at about 20-30 mph. I drove past his house and quickly stopped to get his license plate to file a report. He approached me and got on my car. He asked what I was doing. I advised him I was getting his license to file a complaint. I asked him to get off several times. He kept saying he wanted to talk. He begged me not to file a complaint. He requested that if I had a problem with him to come to him as a neighbor and gentleman and not file a complaint.

      Then in 2012 he ran me and another driver off the road. The next week as I was walking down my street, I saw him in his front yard speaking with his lawnman. I motioned for his attention, and he motioned for me to wait a minute. It went from there.

      I have friends and family in law enforcement. I am not anti cop. Im anti crooked public official. I even have friends in both departments. You should here them speak about their colleagues.

      Yes if I could go back I would do many things differently, but I feel I did pretty good based on my then understanding. I record at all times now. I will not leave my house without recording capability anymore.

      I do have hours worth of other lawful recordings, but prefer to use them as impeachment exhibits in court. They lose their power and effect if I give them up early. I want to demonstrate how bad some cops lie in court. I still dont beleive how crazy this has gotten

  • Defensible Video Solutions

    I’m interested in the mindset here, as well as in my own town.
    Ultimately, we hire and pay these people. We offer them jobs, and they take a part of our taxes to pay themselves to do one thing:They are paid to safeguard our communities.
    I first got involved with these guys because I was walking from the store back to a hotel room I was staying in specifically so I could catch the buzz I had and NOT drive anywhere, and I was stopped, arrested, and spent 90 days in jail for DWI.
    Since then, I have gotten very involved in at least attempting to put some brakes on our cops, and things sure have been evolving( I live in Albuquerque,NM).
    I own a company now that puts tiny cameras in cars, with both audio and video recorded to a discreet DVR system….Recording is safer if the cop cannot see it, and out here, only one party need be cognizant that a recording is taking place. I organize with others to try to bring accountability to the police, to weed out corruption and promote good policing…..
    What I notice is this:
    Despite the fact that at some point we’ve all discovered the cops are a broken entity, it is still only very, very few of even this population(guys who know definitively, firsthand, that the cops are corrupt revenue-gatherers for inept politicians who steal from their constituency in order to make up budget gaps created when they favor themselves and all their influential friends) who realize that when they go through all the “Official” channels to exact justice, they are still asking these people to police themselves, and in so doing, are also giving away their rights.
    We create the police forces. We pay for them. We write down their rules of conduct. We trust them to go to work for us, every day.
    At no point did we give up our right to fire them when they do a bad job.
    But when they do a bad job, we let them give us reasons why we cannot fire them.
    When I read another story of police misconduct, and I read about how someone feels really betrayed, I am also guaranteed to hear that this person intends to ask these people to damage themselves about it.
    Bravo to you, Eric McDonough, I applaud your efforts to show that you will not be intimidated.
    I hope you will quit asking these people to act against their own best interests, and instead start trying to work around them. It is something I am trying to get moving here as well. Even the most committed of opponents out here reach a level of government where they allow someone to tell them the fight cannot be won, and I cry BULLSHIT!!!
    When you know you are right, and when you reach a public servant willing to stare facts in the face and refuse to act on them, you need to remember that it is your money they are using to put their kids through school, buy their wives sexy panties, fatten their asses at the local eatery. Yours.
    It is dangerous dogma indeed, when the cops tell you they cannot be punished. They can. And they can be removed. Assuming you look beyond playing their game through their channels, and investigate your rights as a citizenry.
    When you allow them to tell you to write it down and submit it to them for consideration…you do one fundamental thing wrong.
    You give away your rights to them. You allow them to tell you how to act within their guidelines, guidelines they have no actual right to restrict you to, or to aver that you must let be the last word in your case…..
    Step outside that box.
    Go after them from waaaay above them, and tell the people waaaaay above them that you and all your neighbors are paying into a system that no longer works for you, and serves only itself. Tell those people that you need assistance to reorganize a policing program that can be trusted.
    Do it loudly, get media involved.
    Meet with your neighbors, and explain that facts are facts, and that the cops in your area are no longer honest men you pay to do a good job for you, they have become criminals, and that you all need to replace them with a new police force.
    When you start down this path, you’ll find out you have a bunch of rights to do this. You’ll also find out that when it starts to look like you mean to hire your own police force, and that the criminals currently telling you to shut up will be shut out of your neighborhoods(several communities have created their own “Private” police forces, and seen to it that the regular cops have no jurisdiction in their neighborhoods) you’ll find they suddenly get cooperative.
    Why?
    Because when you tell these guys that you don’t need or want them, and certainly won’t tolerate them any longer, they go and research their rights, and find out that they have absolutely no right to tell you that you MUST let them run your lives and police your neighborhoods if you don’t want them there.
    They may act like it, but that fundamental right is certainly not theirs to exercise.

  • http://www.Sidekik.co Sidekik

    Anyone interested in ending the police state and the war on filming police should watch this video:

    It’s
    for an app which will not only document interactions with police by
    streaming the audio/video to a secure server, but also hold the officer
    accountable by initiating a video call to a nationwide attorney network
    so that within a few seconds the app user is represented by an attorney
    who will interact with the officer on the app user’s behalf. If the
    officer does anything outside their authority the attorney will file a
    lawsuit. If enough people in a given jurisdiction are using the app then
    that area’s police department will go the way of the Maywood, CA police
    department:
    http://articles.latimes.com/2010/jun/17/local/la-me-maywood-pd-20100617

    For more info you can view the campaign for the app here:
    https://www.indiegogo.com/projects/sidekik-real-time-representation-and-data-storage

  • Police The Police App
  • James Michael

    Traitor, felons, have to protect their feral animals…or their extortion system will collapse…Why peace, will never work with these psychopaths….

  • weeeezzll

    If they can continue to stone wall you in light of all of the evidence provided in front of all of those witnesses and cameras then how can we ever expect law enforcement officers to ever be truly accountable….?

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