MIAMI (CBSMiami) — Trial is
underway for former Miami Beach police officer charged with four felonies after
he was involved in an ATV crash on the beach which seriously injured two people
in 2011.
Derick Kuilan and his partner
were allegedly drinking at a bachelorette party July 4th, 2011 at the
Clevelander Hotel.
“They start dancing with them.
They’re having a good time,” prosecutor Eileen Keeley told the jury in her
opening statement. “These police officers, they’re not acting like police
officers, they’re becoming part of the entertainment.”
Maid of honor, Camille
Hippensteel, testified Monday that she thought the officers, buffed out in
form-fitting uniforms, could have been sent as party favors for the bridal
party.
“Their uniforms were so tight
that they almost looked like strippers,” Hippensteel said.
She testified that it did not
occur to her that Kuilan might be impaired, but she didn’t think to look for
any sign of impairment.
Keeley said Kuilan then took
the 28-year bride-to-be Adalee Martin for for a joyride on a police ATV.
“They are flying down the sand
and all of the sudden it’s like he hit a wall,” said Keeley.
That “wall” turned out to be
Luis Almonte and Kitzie Nicanor who were out for a walk on the beach, according
to authorities.
Almonte’s leg was broken.
Nicanor also suffered a broken leg, was knocked unconscious and had to have
several surgeries. Martin flew off the bike into the sand. Kuilan radioed for
help but allegedly never mentioned the accident.
One of the first witnesses on
the stand was Martin. She told the jury that she had a shot of tequila that
night and a couple of Corona beers at the Clevelander. Martin also said she
would not have gotten on the ATV if she suspected Kuilan had been drinking.
“I trusted him because he was a
police officer, so I felt safe,” said Martin.
She added “We were going pretty
fast. That’s like when I felt like we hit a brick wall.”
Traffic homicide investigator
Kerry Humphrey showed jurors photos of the heavily damaged police ATV.
Prosecutors believe the photos help prove Kuilan was traveling at a high rate
of speed, bolstering their charge that he was driving recklessly. Humphrey said
the ATV was going so fast that it flipped over on impact.
Investigators waited several
hours before drawing Kuilan’s blood for testing.
Keeley told jurors Kuilan’s
“face is flushed, his eye are red” and his “blood results were .088 five hours
later he is still over the legal limit.
Kuilan’s defense attorney, Evan
Hoffman, admitted that the ATV joyride was “probably not the smartest thing.”
“We agree that there were
actions made that were not the best judgement,” said Hoffman.
Hoffman said while Kuilan’s
actions and the accident were a civil matter and did not belong in a criminal
court. They also plan to challenge the results of the DUI test. Hoffman said no
one will testify at the trial that they ever saw Kuilan or his partner actually
drinking at the bachlorette party.
Kuilan is charged with two
counts of driving under the influence and causing serious bodily harm, and two
counts of reckless driving. He faces a maximum prison sentence of ten years