Second trial: On July 18, 2016, Charles Kinsey, a behavior therapist, was shot in the leg by a police officer in North Miami, Florida United States.
Following the shooting, Kinsey said he was handcuffed and left bleeding on the ground for 20 minutes without police giving him medical aid.
On July 18, 2016, shortly before 5:00 p.m. EDT, Arnaldo Rios Soto, a 27-year-old non-verbal patient with severe autism and an IQ of 40, ran away from his mental health facility, MacTown Panther Group Homes.
[3] Kinsey had worked at the facility for over a year, was involved in community efforts to keep local kids in school, and is the father of five children.
[3][5] According to NPR, Kinsey has been a member of the local "Circle of Brotherhood" group whose mission is "Serving and Protecting our Community".
[6] The police were at the same time responding to reports of a man threatening to shoot himself in the area, at Northeast 127th Street and 14th Avenue.
[3] While Kinsey lay on the ground with his hands raised, one officer, North Miami Police Department Special Weapons and Tactics (SWAT) team member Jonathan Aledda, who was 152 feet (46 m) away, said he thought the patient was holding the therapist hostage and that the small silver toy truck being clutched by the patient was a gun, following a report made by a passing female motorist, at whom the patient had pointed the toy truck which the motorist believed appeared to be a firearm, and a dispatch to the police officers that there was a "male with a gun".
[10] Aledda fired three .223 caliber rounds from his Colt M4 Carbine rifle, which did not have advanced optical sights, with one bullet striking Kinsey in the right leg.
[3] A witness to the shooting told the Associated Press that when police arrived, he grabbed binoculars and saw that the autistic man seated in the road, next to Kinsey, was holding a toy truck.
[13][27][28][11] An inquiry into the shooting was performed by the Florida Department of Law Enforcement, at the request of both North Miami police and the state attorney's office.
[29] On August 3, 2016, Kinsey filed a federal lawsuit against Jonathan Aledda, claiming he violated his civil rights and used excessive force and falsely arrested him.
In his complaint, Kinsey stated that Aledda violated his Fourth Amendment right to be free from excessive force during police seizures when he shot him in the leg.
[2][31][32] On June 15, 2017, Rios Soto's family filed a lawsuit against North Miami on his behalf alleging the police falsely imprisoned him and intentionally inflicted pain and suffering.
[41] After the release of the video, Florida Congresswoman Frederica Wilson tweeted that she was shocked and angered by Kinsey's shooting, writing, "Like everyone else I have one question: Why?
"[42] Mayor Smith Joseph apologized to the family and promised a complete investigation stating "I have made it clear that I will not tolerate anything that goes against the process.
[6] Abroad, France TV wrote that while the incident could have ended far more tragically, it was "no less absurd and worrisome", calling the event "surreal".
[45] Le Figaro wrote that the story broke at a time when the United States has been "plagued by intense controversy following the death of several black people shot by police, and attacks on five policemen.