How Did Miami Beach's Joyriding ATV Cop Get Off on DUI Charges?

Categories: The Badge

ATV cops.JPG
Derick Kuilan, the former Miami Beach cop who ran over two people while joyriding on South Beach on his police ATV, was convicted of reckless driving charges yesterday but was acquitted of DUI charges. This despite the fact a blood test showed he had a blood alcohol level over the legal limit five hours after the crash.

He now only faces a maximum of five years in prison, half of the 10 total he could have faced if he had been convicted on both charges.

See also: Photo Shows Derick Kuilan, ATV-Driving Miami Beach Cop, During Bachelorette Party

On the night of July 3, 2011 Kuilan was on duty but somehow ended up partying at the Clevelander with a bachelorette party instead in full uniform. At around 5 in the morning, he then offered to take the bachelorette Adalee Martin Jones on a joyride on his ATV up and down the actual beach. While driving without his headlight on, Kuilan ran over Kitzie Nicanor and Luis Almonte. Nicanor ended up losing her spleen and suffered brain injuries.

It wasn't until five hours later that other officers took a sample of Kuilan's blood to determine his blood alcohol level. It came back at 0.088, just over the legal limit. He was fired two days later.

See also: Joyriding ATV Cop Derick Kuilan Didn't Have Such a Clean Record

Defense attorneys however argued that a test run on the same blood sample two years later showed a lower blood alcohol level and argued that there was no way to prove without a doubt that Kuilan was actually drunk at the time of the accident. No witnesses came forward to say that they had Kuilan drinking either.

Prosecutors argued that the Miami Beach Police Department had bungled the early handling of the case.

In the end, after two hours of deliberations jurors decided there was enough reasonable doubt to let Kuilan off of the DUI charge. Not so much for the actual crash that left Nicanor with damages that prevent her from working even still. Kuilan will be sentenced later this month.

Follow Miami New Times on Facebook and Twitter @MiamiNewTimes.


Advertisement

My Voice Nation Help
35 comments
frankd4
frankd4 topcommenter

........................how would a bad cop be properly investigated by other bad cops who purposely flub investigations ............................ and prosecutors and judges are in on the fix -

it's so MIAMI

Ryan Johnston
Ryan Johnston

Isn't the hiring process suppose to vent scum like this out? Meanwhile good people get turned down all the time.

Kenneth Carrera
Kenneth Carrera

If the mbpd would have been smart and thrown the book at this cop the public would have a renewed respect for them and their officers would tighten up. Instead we feel let down and the status quo remains.

Anthony Sanchez
Anthony Sanchez

Because they are the police they can do and say what they want because the law doesnt apply to them and the dumb gov't officials, the court system keeps backing the shield. They say they are protecting us from bad guys but the bad guys are the ones wearing the shield and dont give me this crap about how hard there job is i'm a veteran of the military thats hard an dangerous. Im actually surprised more people havent taken the law into their own hands more often with these cops because im sure most ppl are tired of this crap with them and then the arrogance they have.... w/e its a shame that everyone knows how corrupt they are except for the officials who could actually do something about it.

Mo Perlman
Mo Perlman

Corrupt Cops. I literally don't leave my house because of assholes like this.

Jay Cee
Jay Cee

Same reason the cop who murdered Israel hernandez got off... the system is a currupt flawed joke

Franky65
Franky65

Hope he gets 5 years in jail, gets raped and dies in jail, sob cops of MB are a holes. 

Butters Stotch
Butters Stotch

Miami police are soooo corrupt and aggressive. A bunch of thugs.

Jorge Hurtado
Jorge Hurtado

Why worry about the cartel when these scumbags live right across the bridge from us

jdomar
jdomar

That he drank after the crash in such fashion and made that funny face (see pic) twice demonstrates lack of remorse, examples which judges are trained to weigh when they sentence.

Dre Ateate
Dre Ateate

Oh shit I just fucked up! I ran over a couple of people on a joyride with my uniform on. Hey guys, while I'm waiting for the chief to figure out how he wants to handle this, let me get a beer!

David Walker
David Walker

How? What kinda question is that? MBPD is one of the most corrupt police departments and you're asking how? You dont need to be a journalist to know that.

Scott Klein
Scott Klein

Awful. MB cops are a bunch of bullies. As long as he gets 5 yrs. in full

Stefano Alessio
Stefano Alessio

Typical "justice" at the hands of Miami's "finest". They should ALL be fired. This would make available tens of millions of dollars that could be used for a better purpose than supporting Miami's chalk-line crew of uniformed troublemakers.

Alex Hernandez
Alex Hernandez

Most likely the jurors were threatened and the judge was bought or threatened too.

Dean Rodrigue
Dean Rodrigue

so does every citizen get to have their blood tested 2 years after the original? Sounds like junk science

George Maruri
George Maruri

@lease he's not going to be a police officer no more! And he's going to jail for 5 years! Hope they beat the shit out of that pig!

Michael Jordan
Michael Jordan

IF IT was anyone of us WE Will be fucked and in jail!! With that Said: FUCK THE POLICE!!

Jessica Olin
Jessica Olin

Oh the Clevelander ... Were you working that night Hugh Garrity??

Bobby Dazzler
Bobby Dazzler

He's a cop. Obviously they ain't ganna test him while he is still drunk

Larry Shane
Larry Shane

Disgraceful ! 5 hours after !?!?! I guess his buddies didn't give him enough time for a false result.

Michael Cooper
Michael Cooper

He was not immediately tested. It was hours after. The lawyer said that he got drunk after the crash.

DrumRollPlease
DrumRollPlease

Old news reports said he fled the scene.  The delay of five hours is standard procedure if you don't want a conviction.  The police not citizens, they are a business and will do anything to protect their business.  Self preservation. 

Now Trending

Miami Concert Tickets

From the Vault

 

Loading...