NORTH MIAMI, FLA. (WSVN) - The conviction of a former North Miami officer has been overturned by a Florida appeals court.
Jonathon Aledda was previously convicted of culpable negligence after shooting at an autistic man in 2016.
Aledda previously testified that he believed Arnaldo Rios Soto was holding his behavioral therapist, Charles Kinsey, hostage.
“The trial court abused it’s discretion and should have allowed testimony to come into evidence, demonstrating that Officer Aledda did what he was trained to do that day,” said Aledda’s Attorney, Eric Schwartzreich.
On Wednesday, an appeals court ruled that the conviction was tainted because the court refused to allow testimony about special training Aledda had received on hostage rescues.
In appellate court they agreed, and in opinion stated, “The trial court’s refusal to allow [Asst. Police Chief Rivera] to testify as Aledda’s SWAT training regarding hostage procedures – has merit and requires us to reverse Aledda’s conviction of the crime of culpable negligence.”
“This was not a SWAT operation, so I’m not sure what is SWAT training have to do with this,” said Charles Kinsey’s attorney, Hilton Napoleon.
Cellphone video showed Kinsey laying on the ground with his arms up, next to Rios Soto.
Aledda believed Rios Soto had a gun in his hand, which ended up being a toy truck.
“Later on is when they realized it was a toy, and he didn’t have a gun. C’mon now,” said Arnaldo Rios-Soto’s sister, Miriam Soto in a 2016 interview.
Aledda fired three times at Rios Soto but hit and wounded Kinsey, who is a behavioral therapist.
“I’m going to the ground with my hands up, just like this, and I’m laying down here just like this,” said Charles Kinsey in a 2016 interview.
Aledda testified that he did not hear the radio calls and that he in fact believed that Soto was armed.
“What the opinion did was took Officer Aledda’s perspective as to what happened and gave him special treatment even though a jury had discounted what he actually said,” said Napoleon.
“He wasn’t right in his perception but his perception is why he took those shots. He believed legitimately that, based upon everything he had, that this was a hostage situation,” said Schwartzreich.
The Miami-Dade State Attorney’s Office has said that she is disappointed in the court’s decision and is looking into avenues of appealing the court’s decision.
Kinsey’s attorney said his client is willing to testify again in a third trial if it does occur.
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