MIAMI (WSVN) - Never-before-seen police body camera video captured the moments after, authorities said, a man was kidnapped and beaten by Hialeah Police officers.
7News obtained the footage from the Dec. 17 incident on the same day as a Miami-Dade judge granted bond to two now former Hialeah Police officers charged in the incident.
The bodycam video shows a banged-up Jose Ortega Gutierrez describing in Spanish the first punch to his face.
“That was the first one who hit me like this,” he said.
Ortega Gutierrez said Hialeah Police officers are to blame for his cuts and bruises.
“The people who attacked you, who are they?” an officer asked.
“They’re officers,” said Ortega Gutierrez.
Authorities said 27-year-old Rafael Otano and 22-year-old Lorenzo Orfila kidnapped Ortega Gutierrez, drove him to a remote location and beat him up following a disturbance at a Hialeah bakery.
The video showed Ortega Gutierrez’s face was swollen, and his T-shirt was ripped.
When the officer who responded asked who attacked him, he responded, “Hialeah Police officers.”
He pointed to where, he said, three officers took him and started swinging.
“They took me over there, between the three of them,” he said.
That was just one of several statements that defense attorneys tried tearing up in court all week, as they questioned Ortega Gutierrez’s credibility and pointed to his extensive criminal history.
“The Constitution guarantees people a right to bail with limited exceptions,” said defense attorney Michael Pizzi. “Mr. Otano and his family have a right to pretrial release based on these false allegations made while someone was intoxicated, who he had arrested two weeks prior for selling cocaine and methamphetamine.”
During closing arguments, prosecutors stated their case against the former officers.
“Judge, as you know, the burden under Arthur is proof is evident before the presumption is great,” said a prosecutor. “That is for the defendants, and specifically the defendants Otano and Orfila, their actions have shown an affront to this criminal justice system. They’ve shown through their actions that they not only have betrayed the badge, but they betrayed their department, they’ve also betrayed this community.”
In the end, the judge set bond for the two former officers and a private investigator.
Otano was given house arrest, a $10,000 bond, and a stay away order from the victim, while Orfila was given house arrest, a $20,000 bond, and a stay away order from the victim as they await trial.
Their attorneys believe that was the right decision.
“We’re very happy that Lorenzo will be coming home to be with his family,” said defense attorney Robert Barrar. “We look forward to going to trial and showing the people of Miami-Dade County that he’s not guilty of anything.”
“I am very, very happy that the judge found that the state did not present enough evidence from which Rafael Otano could be convicted at a trial,” said Pizzi, “and I am very, very happy that Rafael Otano will be home with his wife and his baby and his family this weekend.”
Also in the courtroom was a private investigator, Ali Saleh, who was also granted bond. He was given house arrest and a $10,000 bond.
Saleh is being charged with tampering with a witness in relation to this case.
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