Charges dropped for Miami-Dade officer accused of kidnapping, sexually assaulting ex-girlfriend – NBC 6 South Florida
The Miami-Dade State Attorneys Office decided Friday to drop criminal charges for a Miami-Dade Police officer who was arrested last month by his own department for allegedly kidnapping and sexually assaulting his ex-girlfriend.
Officer Miguel Lomeli, 32, was in court Friday with his attorney for what was supposed to be his arraignment, but prosecutors announced they dropped his armed sexual battery, kidnapping, and armed burglary charges.
If found guilty, Lomeli was facing up to life in prison.
“We are grateful for the decision,” Edward Tapanes told NBC6 after the announcement.
Miami-Dade Police officials said Lomeli was involved in a verbal dispute with his ex-girlfriend outside of her residence.
According to an arrest warrant, the verbal dispute began at a Buffalo Wild Wings in Homestead.
The 36-year-old woman said Lomeli followed her home in his marked Miami-Dade Police vehicle dressed in his uniform and was armed with his duty weapon, the warrant said.
The dispute escalated and Lomeli grabbed the victim by her hair and dragged her into the residence, the warrant said.
The woman said he tried to force her to perform a sexual act on him, but when she struggled, he started to hit her head on the stairs, the warrant said.
Lomeli put his handcuffs on her wrist and proceeded to sexually assault her, the warrant said.
When the woman shouted to her 12-year-old son to get help and call 911, Lomeli got dressed and fled the scene, the warrant said.
Police later had the victim place a controlled phone call to Lomeli, who admitted to her allegations, the warrant said.
Lomeli was arrested and was eventually granted house arrest.
According to a case disposition memo, the charges were dropped after Lomeli’s ex-girlfriend recanted her testimony.
“Given the Defendant’s explanation that their sexual encounter that night was consensual, and the Victim’s recanted testimony about the nature of the sexual encounter, the State’s ability to proceed and prove these charges beyond a reasonable doubt has been severely compromised. Therefore, the charges will be no-actioned,” the memo said.
Tapenes told NBC6 Lomeli is on paid leave and it will be up to the Miami-Dade Police Department to see if he will get his job back.