14-Year-old Boy Choked, Arrested, and Prosecuted for Staring at Police Vol. Drop The Case

Joined Dec 29, 2012

Dramatic new cell phone video showed a Miami-Dade Police Officer restraining a teenager on Haulover Beach on Memorial Day; and that 14-year-old youngster and his mother say police overreacted when they arrested him.

But Police said they had to restrain the teenager because he gave them “dehumanizing stares,” clenched his fists and appeared threatening when he walked away and refused to obey their repeated orders.

Maurissa Holmes used her cell phone to capture the incident that happened late Monday morning at the beach near 108th Street and Collins Avenue.

The video shows a Miami-Dade Police Officer with his arm around the neck of 14-year-old Tremaine McMillian.

“I feel that should never have happened,” said McMillian. “I don’t like it. I feel sad. He got in front of me on the ATC and he slammed my hand. Then he started choking me. Then my 6-week old Pit Bull mix named Polo got hurt and bruised his front paw when the police grabbed me and slammed me down. It makes me feel sad.”

“And my puppy got hurt for no reason at all,” he said. “I wasn’t doing anything, just walking away.”

“I ran over with my son and used my cell phone when I saw my son and he couldn’t breathe,” Holmes told CBS4’s Peter D’Oench. “There was no reason to slam him on the ground like that the way they did. He’s a child, not an adult. For them to jump off their ATV and do this, this is wrong. I want justice. You don’t do that to a child.”

McMillian’s sister, Kearra McMillian, said, “My brother did nothing wrong. He didn’t say anything to the officer. He just kept walking. I guess they just got mad because he wouldn’t stop.”

Miami-Dade Police Detective Alvaro Zabaleta told D’Oench it was just after 11:00 am on Memorial Day on Haulover Beach when officers saw McMillian slamming another teenager on to the sand.

“They told him that behavior was unacceptable,” said Zabaleta. “He walked away and officers followed him. They asked where his parents were. He said he was not going to take them to them. When he started to leave the beach area, officers had to get off their ATVs to detain him. He had closed arms, clenched fists and pulled his arm away.”

“Once he was approaching the road, the officers restrained him. Again his body language was that he was stiffening up and pulling away,” said Zabaleta. “Now you’re resisting officers at that point and when the hands are swinging and you are resisting officers, at that point you have to be taken into custody.”

“Of course we have to neutralize the threat,” said Zabaleta. “When you have somebody resistant to them and pulling away and somebody clenching their fists and flailing their arms, that’s a threat.”

He said the police report did not indicate that a puppy was involved.

“At that point we are not concerned with a puppy,” said Zabaleta. “We are concerned with the threat to the officer.”

“How could I be clenching my fists when I was taking care of my puppy and giving him some milk with a bottle?” asked McMillian. “What do I want. I think we should sue.”

His mother said, “That police report was not accurate.”

McMillian was charged with resisting arrest with violence, a felony, and disorderly conduct. Miami-Dade Police said he had been arrested once before for robbery.

At the Juvenile Justice Center, an Assistant Public Defender entered a plea of not guilty for McMillian. He also asked that the state reconsider the charges against McMillian.

But Judge Maria DeJesus Santoveria declined to do that and said McMillian’s trial would start at 9 a.m. on July 16th.

CBS Vid:

Equal Justice Initiative Vid:

I hadn't seen anything about this on the news but apparently the Equal Justice Initiative have thrown their support behind this to try and turn it into a national case. They have a petition going asking the State Attorney to drop the charges

Joined Feb 5, 2009
What the hell?

I'm not understanding what happened here.

Why did they hop off their all terrains and pursue him in the first place?
Joined Dec 9, 2002
They were already threatened b/c of his race and his body language made matters worse. Trayvon 2.0 without the murder.
Joined Sep 28, 2004
So they were following him because he had gotten into a fight with another kid and they wanted to talk with his parents? He wasn;t having that and decided to walk away.. What happened to the days on COPS where they waste 30 minutes of their time talking with him. Cops now escalate situations really fast and DA's/their bosses are on the their side through all of the misconduct.

I've heard more stories in the past 2 years where cops are just fed up within a couple seconds of interaction and act on that with a crazy amount of force.

I don't get it.

mr marcus

Joined May 3, 2010
Look at this Dominican or Cuban being treated like a black man

But I forgot there wasn't a slave triangle...only a slope from point A to B
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Joined Oct 31, 2010
I usually defend the cops and I'm aware that there are bad cops out there.

This **** is more crooked than J. Cole's grill :smh:

A stare....? A youngster at that...

I'm gonna go to the police academy after I graduate and I promise I'll make sure **** like this doesn't go shoved under the rug if I ever witness it.
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Joined Apr 18, 2010
Not enough evidence to decide if justified or not....

The video starts after he is already on the ground.... the only witnesses are his family?

They don't address his "alleged" fight with another person.... and already has a robbery charge?

Joined Jul 27, 2012
Cops like the ones mentioned in this article need to get shot in the face while in the line of duty so their kids can't see daddy getting a open viewing at the funeral. Parasite cops like that disgust me.
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