A man mistaken for a murder suspect was ambushed by a group of Fort Lauderdale officers after getting off a county bus nearly a year ago. He is now suing the officers involved — two of whom were also named in another lawsuit accusing them of excessive use of force during a 2020 Black Lives Matter protest.
Errol Leath, 34, claims the city of Fort Lauderdale and police officers Eliezer Ramos, Steven Smith, Eduardo Requejo, Michael Lopinot, Todd Hill and Matthew Emala were negligent when they ambushed him for no reason on July 19, 2023, according to a lawsuit filed was filed May 30 in Broward Circuit Court
Ramos and Smith were involved in a federal lawsuit filed last week accusing police of using tear gas and rubber bullets against protesters who gathered on May 31, 2020, to demand justice for George Floyd, a Black man killed days earlier was murdered by white police. officer in Minneapolis, Minnesota. Floyd’s killing sparked the largest racial justice protests in the United States since the Civil Rights Movement – as it led thousands of Black Lives Matter demonstrations across the country.
READ MORE: ‘Your Rights Were Violated’: BLM Protesters Sue Fort Lauderdale Police Over Brutal Action
In the filing, attorney Robert Rogers said Leath “has been subjected to public scandal, great humiliation, mental anguish and damaged reputation” after he was attacked at a bus stop by officers from the department’s fugitive unit. The lawsuit also alleged that the city failed to properly train officers, especially how to implement a tactical plan, identify the correct suspect and use only the minimum amount of force necessary.
Similar allegations regarding the department’s training protocols have come to light in the lawsuit filed by protesters.
“[Fort Lauderdale] knew about the dangerous conditions, or they had existed long enough [the city] should have discovered this when exercising due care, or [the city] created the dangerous conditions,” Rogers said in the filing.
Officers began following Leath, who cannot drive because of epilepsy, as he boarded the bus near Northwest 24th Street in Lauderdale Lakes, the complaint said. They suspected Leath was Daenon Malik King, a man wanted in connection with a murder.
They followed the bus in unmarked cars and parked the vehicles around the bus when it stopped near 2912 N State Road 7, the complaint said. That’s when they jumped out of the cars, armed and wearing tactical gear. The officers then pointed their weapons at Leath and other people getting off the bus.
“You look just like him.”
The officers did not identify themselves and shouted with their weapons drawn: ‘Hey! You there” with the crowd, the lawsuit said.
At that point, Leath, who attorneys said had no reason to believe police were looking for him, “began to run away from the officers’ weapons because he believed he was in danger from a other individual in the environment. “, the complaint said.
One of the officers tackled Leath, slammed his head into the ground and placed their hands around his neck as he handcuffed him, the document states. Body camera footage published by the Miami New Times shows Leath repeatedly asking, “What did I do?”
Leath, who appeared perplexed in the footage, told officers he had epilepsy. They told him there was a warrant out for his arrest before asking for his name.
“Murder?” said a perplexed Leath, according to the footage. “I’ve never killed anyone in my life.”
Officers continue to search Leath’s fanny pack, which contained his ID, epilepsy medication and a Bible. Realizing they had misunderstood his identity, they untied Leath, the footage shows.
“These things happen,” one of the officers said in the video. “You look just like him.”
Leath, however, does not look like King, Rogers says in the lawsuit. Leath is in his early 30s and has no tattoos, while King, who is in his 40s, does.
‘I get off the bus and think they’re going after someone else. I try to get out of the way,” Leath told WSVN shortly after the incident. “I wouldn’t want my worst enemy to experience this.”
A spokesperson for the Fort Lauderdale Police Department told the Miami Herald on Thursday that it “does not comment on pending litigation.”
At the time of WSVN’s report, the department apologized to Leath, adding that officers “observed a male with several identifying characteristics similar to the suspect” in “an area known to be frequented by the suspect.” ” They “had their firearms drawn because the suspect was known to be armed and dangerous,” the statement said.
“We recognize the impact this error could have on an innocent individual,” the department said. “We will remain committed to maintaining the highest standards of accountability, transparency and fairness in our policing efforts as we serve our community.”
King was arrested less than five minutes away from that bus stop in August after the Marshals Service staked out his location. He remains behind bars awaiting trial.
