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Black Lives Matter Restoration Polk Inc. has called for increased accountability from the Winter Haven Police Department and employees of Santiago’s Market following a troubling incident involving a 3-year-old girl, who was photographed lying face down on the ground with her hands behind her back.
At a recent press conference held outside the police station, Carl Soto of BLM Restoration Polk and Mariah Banks, the mother of the child, voiced their concerns regarding the March 4 confrontation. Soto demanded the dismissal of all officers involved in the incident, called for Chief Vance Monroe to consider resigning, and urged a U.S. Department of Justice inquiry into the actions of the police. Furthermore, they seek criminal charges against Santiago’s Market employees related to the altercation.
“We are living in an era when law enforcement seems unwilling to take responsibility for their actions,” Soto stated.
Push for Charges Against Crespo Perez
The confrontation began around 1:30 p.m. on March 4, when police received multiple 911 calls regarding a fight outside Santiago’s Market, located at 898 Havendale Blvd. N.W. Banks alleges that a market employee, identified as 46-year-old Jesus Crespo Perez, accused her of urinating on the business’s outdoor patio. Banks asserts that she was merely rinsing her hands with water from a bottle when the verbal dispute escalated.
According to Banks, Crespo Perez brandished a knife in a menacing manner, leading to a physical altercation.
At a news conference on March 6, Chief Monroe presented a 5-minute, 30-second security video from the market. When questioned about the alleged knife, he noted that he did not observe any weapon in the footage.
However, Banks claimed she was initially threatened with a knife while on the patio with her daughter, insisting that the camera angle obscured the weapon from view.
Her partner, Godfrey Hercules II, legally displayed his firearm for self-defense, as permitted under Florida’s Stand Your Ground Law, according to Soto.
Both Banks and Soto are advocating for the firing of the officers involved in the incident and have requested a DOJ investigation.
“Footage clearly shows multiple Santiago’s employees attempting to restrain Mr. Perez when it became clear he was the aggressor,” Soto commented. “Yet he managed to free himself, remove his shirt, and confront Mrs. Banks and Mr. Hercules multiple times, even blocking their vehicle and banging on the trunk, provoking them.”
On March 14, both Crespo Perez and Hercules were charged by State Attorney Brian Haas with misdemeanor affray. A conviction could result in up to one year in prison and a maximum fine of $1,000.
Hercules faces an additional charge of improper exhibition of a firearm, to which Soto expressed intent to challenge, labeling it “malicious prosecution.”
Soto and Banks are pushing for further charges against Crespo Perez for allegedly threatening someone with a deadly weapon.
Concerns Over 911 Call Misinformation
Soto is also urging the police department and the State Attorney to pursue charges against a 911 caller who allegedly provided false information. According to reports, a Santiago’s employee characterized a Black man with a firearm in a manner that prompted dispatchers to classify the call as an “armed robbery.”
Soto maintains that video evidence from the market’s security footage demonstrates that Crespo Perez was indeed the aggressor, not Hercules.
“The 911 caller who knowingly misled dispatch has committed a misdemeanor and needs to be prosecuted,” Soto asserted. “We demand that the State Attorney’s Office act.”
In light of Crespo Perez’s actions, Banks is contemplating taking legal action against Santiago’s Market.
Banks Weighs Legal Action Against Police
Banks is collaborating with attorney Mauricio Padilla of the Padilla Law Group in Miami to explore a potential lawsuit against the Winter Haven Police Department. She claims the incident has caused emotional distress to her daughter and violated her Fourth Amendment rights.
“It’s difficult to convey the struggles I’m facing as a mother trying to reassure my child and make her feel secure,” Banks remarked. “During that chaotic moment, we were unable to provide her with any reassurance while police held us at gunpoint.”
Banks reported that her daughter is exhibiting signs of post-traumatic stress disorder from the ordeal, becoming anxious at the sound of sirens nearby.
The 911 calls do not indicate Banks was acting violently or armed; she was with Hercules and their daughter.
“A 3-year-old girl was ordered to the ground and, despite the clear indication from the 911 calls that Ms. Banks was not the assailant, she faced firearms aimed at her,” Soto remarked. “It’s incomprehensible.”
Body camera footage reportedly shows officers positioning their weapons toward Banks before realizing her daughter was present.
“I want accountability for the officers who pointed guns at my daughter,” Banks demanded. “There were several officers present, yet no one assisted her.”
Banks expressed dismay that despite an officer being nearby, he chose to ignore her and her daughter, moving towards the area where Hercules was detained. Confirmatory body cam footage depicts an officer rushing towards Banks and her child before redirecting attention to the detainment of another suspect.
“She was left to get up on her own after the incident,” Banks said. “Not a single officer assisted her during this traumatic situation.”
Winter Haven Police have yet to respond publicly to the developments shared at the press conference.
Monroe has expressed support for his officers, stating they acted according to policy and made efforts to assist the child during the incident. The chief emphasized the need for a thorough review to examine potential improvements in training or departmental protocols.
Banks was reportedly held in a police cruiser for over an hour without being informed of the reasons for her detention despite her requests.
“This is a clear violation of her Fourth Amendment rights,” Soto stated. “They held her under false pretenses while seeking reasons to charge her.”
Padilla confirmed that he is reviewing the case but no lawsuits have been filed as of now.
Soto and Banks have sought meetings with the Winter Haven Police Chief but have found the responses insufficient. They are escalating their grievances to higher city and state authorities, and have submitted a formal complaint to the U.S. Department of Justice via certified mail.
This article originally appeared on The Ledger: Winter Haven mom demands officers be fired over viral arrest image
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