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More than a week after a Miami-Dade police officer was suspended for his actions during the arrest of a woman who called police to say a man had pointed a shotgun at her, newly released police body camera footage offers a more accurate picture of the confrontation — and the man who was responsible for the encounter was arrested.
Police revisited Frank Tumm’s Southwest Miami-Dade home late Thursday night and took him into custody without incident. He was charged with aggravated assault with a deadly weapon and booked into the Turner Guilford Knight correctional center. His bond was set at $5,000.
Last week cellphone video footage circulated on social media of the March 5 incident that showed Miami-Dade police officers forcing 26-year-old Dyma Loving into a chain link fence, taking her to the ground and handcuffing and arresting her.
Loving, 26, or her friend Adrianna Green, 22, had called police after they said they were walking past Tumm’s fenced yard when he called them “hookers.” After the women responded to Tumm, Loving and Green claimed he got a shotgun, pointed it at them and threatened them.
When police arrived they spoke to Tumm in his yard, who said he didn’t own a weapon. A witness at first backed up Tumm’s statement, then said Tumm did have a gun. Still, Tumm wasn’t taken into custody.
Miami-Dade Police Director Juan Perez said the delay in Tumm’s arrest was due to police continuing to interview witnesses and because police were working on getting a risk-protection order — a newly passed state statute that allows law enforcement to seize weapons from someone considered a potential threat, and to eliminate access to new ones.
“They were waiting to get more interviews,” the director said. “There were some conflicting statements.”
Reached Friday, Loving said she believed Tumm’s arrest so long after the incident was mainly because of pressure on the department after the initial cellphone video surfaced of her arrest.
“I believe they only arrested him to try and right their wrong,” she said.
Police also released additional body camera footage taken at the scene of Loving’s encounter with police.
The video, worn by the officer who has been suspended, shows Green becoming upset at repeated questioning by officer Alejandro Giraldo, who at one point says Loving needs to be Baker Acted, a legal term for involuntarily committing someone who is acting erratically.
Giraldo’s body camera shows Loving speaking clearly and asking the officer why she and Green are being questioned by police. After the women tell police that Tumm threatened to shoot them in the head and called them “hookers,” Loving says she doesn’t understand why they’re being questioned.
“You need to chill out or you’re going to be arrested,” Giraldo says.
“I’m calm,” replies Loving.
“You’re screaming again. You are acting disorderly. You’ll be arrested,” says Giraldo.
After Loving asks “Why do I have to be corrected when my life is in danger?” the officers press Loving into the fence, then put her on the ground and handcuff her. Loving and Green repeatedly ask why Loving is being arrested as the camera blurs while the officer struggles with Loving.
Tumm, 50, who remained jailed Friday, has had several encounters with law enforcement over the years, state records show. He was first arrested in 1986 in Ocala for throwing a deadly missile. He paid $200 restitution, according records from the Florida Department of Law Enforcement.
In 1994 Miami-Dade police charged him with aggravated battery. That case was dropped. And in 1996 he was charged by Miami-Dade police again, this time with aggravated battery with a deadly weapon. Tumm was sentenced to 18 months probation, according to state records.
Perez, the county police director, suspended Giraldo last week after cellphone video taken by Green surfaced of the 12-year veteran’s take-down of Loving.
Asked Friday why she believes she was arrested, Loving said she’s still not sure.
“There really was no reason,” she said. “Only because I was yelling a little bit. My life had been threatened…”
Loving was charged with disorderly conduct and resisting arrest without violence.