Charles Kinsey: Unarmed Florida Therapist Shot With His Hands Up Files Lawsuit
Kinsey claims escessive force, wrongful arrest, and violation of his civil rights.
An unarmed Florida therapist shot while his hands were up is suing the cop who opened fire. According to the Miami Times, Charles Kinsey filed a federal lawsuit against North Miami SWAT Officer Jonathan Aledda on Wednesday (Aug. 3), accusing the cop of violating his civil rights, excessive force, and false arrest.
Kinsey, a behavioral technician at Miami Achievement Center for the Developmentally Disabled, was shot in the leg last month as he begged officers not to open fire. Kinsey had gone outside to persuade an autistic man, 26-year-old Arnaldo Rios, to come back into the center.
“Mr Kinsley followed Mr. Rios and attempted to pursued him [to] get up from the intersection and to re-enter MACtown,” the suit reads. “A passerby saw Mr. Rios sitting in the middle of the intersection and called the police.”
The suit points out that the “passerby specifically noted that Mr. Rios appeared to be mentally disabled and that Mr. Kinsey was trying to help Mr. Rios.”
Police say they thought they were responding to a call about a suicidal man with a gun. In the video footage, Rios can be seen playing with a toy truck.
Despite Kinsey's attempts to explain to cops that Rios was a patient and posed no threat, Aledda fired off three shots, one of which struck Kinsey.
Kinsey’s complaint states that, "Officer Aledda violated Mr. Kinsey's clearly established Fourth Amendment right to be free from excessive force during police seizures when he shot Mr. Kinsey in the leg.”
When asked why he fired, Kinsey says Aledda told him, “I don’t know.”
Aledda slapped handcuffs on Kinsey after he was shot. In his suit, Kinsey says the cuffs were too tight, cutting off his circulation.
"It is important to note that, when Officer Aledda fired his weapon, neither Mr. Kinsey nor Mr. Rios had committed a crime, posed a threat toward any officer, civilian or each other; nor did Mr. Kinsey or Mr. Rios attempt to evade arrest," the lawsuit states.
Kinsey says that at least one officer was aware that Rios didn’t actually have a weapon and reportedly said, "It's a toy truck, he's saying it's a toy truck," into his police radio.