Florida Woman Faces Felony for Criticizing Police Incompetence

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Top Tier Gear USA

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After a confrontational encounter with police, a Miami woman has been charged with four misdemeanors and a felony, 7News Miami reports.

While Kristy Hernandez and other parents were attempting to take their children to the Ben Sheppard Elementary School, police officer Ismael Castilla had something else in mind. Executing a traffic stop, Castilla decided it would be appropriate to block the school’s exit for over 20 minutes, preventing parents from coming and going.

Hernandez is a former nurse who left her job to care for her autistic son, Brandon.

Not amused by the holdup, Hernandez started filming the officer with a dash-mounted camera in her car, letting him know how much he was inconveniencing the line of cars waiting to leave the school. “The students are late to school because of you,” Hernandez can be heard saying in the footage. “I’m going to be sending this to your supervisor, by the way, sir.”

A moment later, Hernandez is heard asking “What are you stopping me for? You’re blocking traffic.” Apparently Castilla did not appreciate the advice.

Hernandez promptly pulled over and was ticketed for having an obstructed license plate—the first in a series of heinous crimes she committed that day, with four more to follow.

“I’ve never been on the wrong side of the law, so it’s scary for me,” Hernandez told 7News Miami.

In addition to the license plate, officer Castilla cited her for not providing vehicle registration and proof of insurance, though Hernandez insists both were in the car. The dash-cam was a problem, too, earning Hernandez another, fourth, ticket.

“It’s a small dash-cam,” Hernandez said. “[The officer] said it was obstructing my view.”

Dismal as the situation already was, it got much worse. The fifth charge would be much more serious: a felony.

Outrageously, Hernandez was charged with fleeing and eluding a police officer after she pulled a few feet off the road in order to make room for Castilla’s car. She wasn’t as content to block the road and hold up countless commuters trying to go about their day, in stark contrast to the tax-funded “public servant” Castilla.

When a second officer arrived on the scene, Hernandez tried to reason with him.

“Everyone was beeping at him, and all because I said, ‘You are not doing your job properly,’ he signaled me out,” Hernandez explained to the officer. It made no difference, the charges stuck.

Miami-Dade Schools Police told 7News Miami that “If [Hernandez] believes she is innocent of the citations, she has the right to address her concerns during the judicial process.” Surely this will be of great comfort to the mother of two, who now faces a potentially life-ruining legal battle in court.

On the dash-cam footage Hernandez can be heard saying to her son that “Mommy learned her lesson. Keep quiet,” an unfortunate takeaway from the situation. In reality, Hernandez had every right, legally and ethically, to do what she did, a fact she later acknowledged.

“What you’re doing is really not protecting and serving,” she said of the officer. “You are just protecting and serving yourself because someone caught you doing something wrong.”

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  • Rayven Wrathchild

    Clearly a case of police harassment pure and simple, If this can be made into a “color of law” violation the police officer is the one getting the felony.

    • David E

      Unfortunately deprivation of rights under color of law is only a misdemeanor, and good luck getting any federal law enforcement to enforce it.

      • Rayven Wrathchild

        I suggest you read up on the statutes…. you are wrong it is a felony and can get you a life sentence depending on the severity of the civil rights violation.

        For those that want to know the truth:
        https://www.justice.gov/crt/deprivation-rights-under-color-law

        • David E

          It certainly used to be only a misdemeanor. None of the language about bodily harm, kidnapping, or sexual abuse used to be there.

          I see it has been amended. Thanks for the heads up.

  • jimmyjoejohnsom

    The video needs to be seen.

  • Frank

    That cop, falling FAR short of earning the title of Public Servant, retaliated against a citizen’s criticism of his actions (blocking all other traffic, creating a traffic hazard, to most-likely issue a non-criminal traffic citation). Very poor decision-making by officer Castilla – the kind of cop that will beat a citizen and then arrest them for damaging his nightstick. This could even be turned into a violation of Hernandez’s Constitutional Rights, with the cop obviously retaliating and attempting to suppress her exercise of her First Amendment rights. Castilla won’t last long as a cop, I just hope that no more citizens will have to suffer from his actions. Video – the best witness for what REALLY happened. Castilla needs to feel the heat – the wrath of citizens that he has bullied.

    • jimmy joe

      Don;t count on it losing its job, it will be a cold day i n hell before they do that!

    • BR549

      I can think of any number of constructive ways to rid the city of their obvious problem.

  • dav1bg

    A good lawyer, beat the trumped up tickets and sue the city.

    • Clementine

      By “sue the city” you mean sue your fellow citizens? Its the taxpayers dime they dish out to cover lawsuits…

    • Rayven Wrathchild

      True but the issue it that it is normally a civil matter. Unless you have a lawyer on permanent retainer it might be cheaper to just pay the fine and that is what these highway robbers are hoping for to start.

      Go to court and it is not only the fine but court costs and everything else they try to add to the tab. If you fight it you’d dang well better make sure you have a good lawyer. The economic consequences can be devastating especially if insurance companies are also involved.

      The entire traffic court system is a sham. Don’t get me started with the whole DUI scam.

  • James

    Every day American cop in action. Been there suffered worse at there hands in America. In sight of a American cop your life is worthless. Time to vote there sallery down to what they are worth at the polls. Yes I know 10 cents a hour is under min. wage.

    • Larry

      Time to learn grammar and spelling !

  • Larry

    Just another male beaner with a badge. PIGS are PIGS regardless of race. Hope she sues Miami and takes the stupid fuckers to the cleaners. Police just prove daily how worthless they are becoming. Remember the stupid fucking pig who arrested the on-duty fireman because he refused to move the fire engine at an accident scene when it was positioned exactly as fireman are trained and municipalities instruct, but the cop felt his dick was particularly big that day so he arrests a fire-fighter tending to an accident scene. Thus I say ……..FUCK YOU PIGS ! FUCK YOU !!!

    • Rayven Wrathchild

      Too bad the fire fighters didn’t ‘hose’ him.

    • Clementine

      Too bad that the tax payers would be the ones being “taken to the cleaners” since it is our money which pays for lawsuits…

  • XRGRSF

    The good news is that American’s are too ignorant, and gutless to wake up to the fact that they live in a police state. American’s have no rights, no freedom, no justice. American’s are cattle.

    • Rayven Wrathchild

      My favorite line is when the judge lies to the jury and tells them that it is NOT their duty to decide the fairness or reasonableness of a law. I know of one case where the judge threatened to hold jurors in contempt if they did so.

      One of the whole purpose of trial by jury was to end these perverse laws.

      • David E

        Is it caselaw, or just something anecdotal you heard? If you have a citation I’d like to read it.

        • Kevin Quillen

          Rayven is referring to jury nullification.

          • David E

            But of course, that much is obvious. I am a jury nullification activist, and if Rayven knows of a modern-day case of a judge threatening contempt in an attempt to illegally direct a verdict, I’d like to specifically know what it is.

            Thanks for trying to help, though.

          • G’ma G

            I have been witness to judges threatening contempt to defendants who want nullification included in jury instructions. I too would like to see the case where the jury was threatened.

          • David E

            What jurisdiction and judge?

            Upon reflection, Rayven might be referring to the Colorado case where one single juror had refused to convict in a cannabis case, hanging the jury. However, if I recall correctly, the judge did not threaten contempt; there was something about criminal charges for jury tampering or false voir dire or something similar. I’m going to go refresh my memory on that one just in case I have it wrong.

            If I read Rayven correctly, the use of plural JURORS does not sound like that case.

          • Rayven Wrathchild

            It happened in a small town traffic court in the State of South Carolina where my mom was a juror about 20 yrs ago. The roads were icy that winter and the cops liked to just sit in waiting near the stop lights at the only intersection.

            The police in the area where notorious for playing with the signal timing. Some poor Latin American man from out of town ran the light around 2am. There were no other cars around and no real traffic. It was safer to run the light than hit the brakes and skid uncontrollably through the untreated intersection.

            The cop pulled the guy and charged him.

            That jury also had husbands and wives on the same jury! How was that fair to the defendant? My mom was the only one to find him not guilty which really pissed off the establishment by creating a mistrial. She was NEVER called for jury duty again in that corrupt little town.

            At the end of the trial the cop was asking the jurors how each voted to determine if they should retry the guy! Totally out of place.

            The cop and judge are both dead now but this is how things operate in little towns in South Carolina – total police corruption. The Judge was Roy Chives Roberts who also served as Justice of the Peace at one time and the cop was Sgt. Carl Skinner in case anyone wants to look that up.

  • slk5

    i never seen a cop pull over someone, while obstructing traffic…i’ve seen them use their speaker to direct…but also, everyone knows you’re not allowed to stop in a school zone, so the cop should’ve been ticketed!!!

  • Phil_Ossifer

    “To learn who rules over you, find out who you are not allowed to criticize.” – Volatire Well, looks like this lady found out the hard way. BTW – she was exactly right to do what she did. The cop is a pinhead.

    • David E

      Funny you should mention the Voltaire quote. I was just reviewing the tale of Diogenes And Alexander for use in a legal brief.

      There are several versions of this tale depending on which Greek Philosopher retold it. I recombined them in my own prose in order to capture the best elements of all of them. Perhaps I qualify as a “greek philosopher” since I lived in Greece as a kid? lol

      Sometimes rulers are just enough that they allow criticism, especially “morally sincere” criticism. I call this “the Diogenes Trap.” You can use it to prove someone is dishonest even without any direct evidence of any particular thing they have done that is dishonest, and so is a technique to reveal the craftiest of liars:

      Diogenes and Alexander

      So it goes that one day Diogenes was probably smoking a joint in Corinth (okay I made that part up.) and contemplating a pile of human bones while soaking up the sun. Diogenes was a strange fellow who had taken to carrying a lantern about in the daytime in some odd quest for honesty. This did not make sense to most people. But then again, if most people were Diogenes, he wouldn’t be a famed philosopher, would he?

      Alexander, king of Macedonia, overlord of all of Greece, and soon to be conqueror of the known world happened by and was ecstatic to realize he was meeting the famed philosopher.

      “Ah, it is the famed Diogenes, greatest of philosophers! Were I not Alexander, I would wish to be Diogenes!”

      “Would you mind standing out of the sun? For it is not within your power to give it,” responded Diogenes and reminding Alexander he is a mere mortal, something is not used to at all with all the pandering fawning fundamentally dishonest people seeking their own best interest. How refreshing! Honesty, even at the risk of one’s best interest. Never saw that before.

      “What is it you contemplate?” Asked Alexander as he shifted to one side.

      “That were these bones before me of a slave and your father, I would not be able to tell the difference between them.”

      Alexander was further taken aback, While it was true that the bones are hard to distinguish between one man and another, this was unheard of disrespect, to suggest that his father, a Macedonian king, was no different than a slave. But Alexander was a good king, and thought first in terms of rewarding others and not in punishing them. However, it was utterly and undeniably true.

      “Do you not know that I can give you a kingdom?” asked Alexander.

      “I know that if I already had one, you could take it away,” said Diogenes.

      “Have you not heard of my might, that you should speak to me so derogatorily?” asked Alexander.

      “Such might by an army that could be outmatched by an equal number of lions, or bears, or tigers, who are yet greater than thee not just in their physical might, but moreover because I can tell them the truth and they do not take offense.”

      Alexander paused. One does not become the greatest general in all the world because one has no wit.

      “What is it you seek?” asked Alexander.

      “Only an honest man,” smiled Diogenes, picking up his lantern, implying another insult toward Alexander. At this point he had insulted Alexander many ways—he is no different than a slave; his greatest accomplishment was inferior to what mere animals could achieve; and now, that he is dishonest. But these things were all true, because honesty does not seek power and conquest. Surely Alexander would now put him to death for these insults, as any king would?

      But no, Alexander was a good king, though not a perfect one. And he was honest enough to admit that he wasn’t ultimately honest.

      “What can I do to assist your quest?”

      “Just stand a little more out of the sun!”

      And so Alexander learned his authority to untie the Gordian Knot on that day. (Okay, none of the previous tellers of this tale added that either.)

      Interpretations abound, but the one of Dio Chrysostom “the golden mouthed” serves up my point:

      Dio Chrysostom, in his fourth oration on kingship, ascribes a simple moral to the anecdote: People who are naturally outspoken and forthright respect others like themselves, whereas cowards regard such people as enemies. A good king will respect and tolerate the candour of a morally sincere critic (albeit that they must take care to determine which critics truly are sincere, and which are simply feigning sincerity), and Diogenes’ remark to Alexander is a test of Diogenes. His bravery in risking offending Alexander, without knowing whether he would be tolerant of such behaviour beforehand, marks him as honest.”

      So you can use the Diogenes Trap to reveal the dishonest coward (really the same thing) by criticizing them with the truth. And it can’t just be something irrelevant to their character like “Boy are you ugly.” I did it with a drug warrior by telling him the days of the drug warriors are numbered. If they react poorly you’ve proved them dishonest.

      Please note I have Alexander untying rather than slicing through the Gordian Knot.

      I was delighted to discover there is another, earlier, and likely more true version of the story of Alexander and the Gordian knot. Rather than slice it through, he undid the post pin that bound the yoke of the chariot and pulled the yoke out of the knot making it loose enough to untie. No-one had ever thought of that. The Phrygians had a prophecy that whoever could untie the knot would be ruler of the world. It is without doubt that news of this event went before Alexander and had some psychological effect on his opponents in Asia that the Gods were with him.

  • Robert Kahlcke

    Oh well, go to your safe space Snowflake.

    • jimmy joe

      You are referring to the fucking dink, right?? Otherwise, you are another big, corrupt govt fuck, the worst kind!! Anyone that defends the big, corrupt govt, also needs a bullet!!

  • Oingo Boingo

    Flor-A-Duh kwops and sherfs, mostly, are some of the most assholic in the nation.
    An ex-FLA sherf became a lit fart VA cop at the Columbus, OH VA facility. He doesn’t seem to be around anymore, the bastid. I hope that he died painfully at the hands of one of his boyfriends.
    The volunteer FLA cops, like in Largo outside of St. Pete, are certifiably insane.

    • Oingo Boingo

      Latest NOOZ: the Largo Po-Leece Dept. seems to have been infested with a lot of pervert Kid Touchers…Explorer Scouts mostly…going back to the 1990s.
      One of them did the Hara-Kiri/Seppuku thing upon being found out and indicated such in his Goodbye note.
      I personally met a 30 something Pill Head whack job, chemically revved up female that lived in Belleair, that aspired to be a Largo volunteer kwop.
      Like trash birds, Grackles and Starlings, they seek their own kind for company.
      btw, I don’t, and didn’t, put my pecker in Crazy.
      “Those monkeys BITE !” —-Dennis Hopper’s character in “Apocalypse Now”.

  • GenEarly

    Get a good Lawyer is the best advice when dealing with the polizi-court system.

  • Wee Willie Wonkie

    Dear President Trump;
    This scenario, and others similar to it at the hands of an abusive Police State, is the reason we elected you, with the high hopes and mandate of you enacting an Executive Order or Presidential Decision Directive to reel-in the oppressive, abusive Police State members.
    Please put a stop to this abuse of our citizens at the hands of Law Enforcement at the soonest possible opportunity.
    Thank you-

  • Uncle Hormone

    This is why I left U.S. soil in 2003, as the Bush (Sherff) Family was enacting Police State laws ie ‘the Patriot Act’, & Obama the NDAA post-9/11.
    When you have been a targeted individual for years by the ‘Deep State’, you learn to move and live elsewhere.
    We hope that President Trump can put a stop to this blatant and wanton abuse and malicious prosecutions against the Citizens of the U.S. And soon!

  • Randy Locher

    And the Idiots still wonder why their shot………

    • livefree1200cc

      they’re

  • livefree1200cc

    And they wonder why people hate cops

  • livefree1200cc

    dont forget ‘fearing for his life’

  • Time to leave the country and search for greener pastures.

  • Christopher White

    Another example of incompetence, malfeasance and lawlessness by a low-grade moron control-freak with a badge. This turd cop should be fired and be banned from police work for life, period. He isn’t qualified to be a public servant unless you want to live in a police state, The problem is, way too many police go after the citizenry when they are caught screwing up. Police will hardly ever admit they made a mistake and the rest of the cops will protect the wrongdoer – including perjury on reports, planting evidence and destroying exculpatory evidence. These treacheous POS need to be removed from public service.

  • It is not Paranoia

    I bet she was singing Fuck the police.

  • Howard Beale

    The ‘law’ will side with the cop because it’s not about right or wrong. It’s about them letting us know who’s in control.

  • Howard Beale

    That would be hilarious if it wasn’t so spot on. Well said Dale.

  • GAZOO2

    F the power tripping police.

  • ripinandatearin

    That pig and his department need to be sued. They count on people doing nothing. Sue them.