Fired officer charged with DUI

By Terrell Forney, Reporter, tforney@Local10.com
Published On: Oct 12 2011 04:14:45 PM EDT
Updated On: Jul 26 2011 08:47:29 AM EDT
MIAMI -

A former Miami Beach police officer posted bond and walked out of jail Tuesday just hours after turning himself in on criminal charges.

Derick Kuilan is accused of drinking while on duty and running over two tourists with his department-issued ATV.

The incident happened in the pre-dawn hours of July 3.

Kuilan and fellow Miami Beach officer Rolando Gutierrez are accused of partying with five women at the Clevelander, a popular South Beach bar and restaurant.

According to the state attorney's office, Kuilan invited a 27-year-old woman for a ride on his ATV along the sand.

The vehicle was moving fast and without headlights when the tourists were hit.

Kuilan's blood alcohol level was tested five hours after the incident and registered at .088, slightly higher than the legal limit.

A responding sergeant also smelled alcohol on the breath of Gutierrez, who was not involved in the crash, said investigators.

"Both officers, their activities, their actions, their behavior was so unprofessional that the five women believed they were some type of entertainment that was there for the bachelorette party," said Miami-Dade State Attorney Katherine Fernandez-Rundle.

Kuilan has been charged with two counts of reckless driving causing serious bodily injury and two counts of driving under the influence causing serious bodily injury.

Kuilan was released on a $30,000 bond.

"Having drinks and doing what they did -- it is mindboggling that they felt comfortable enough to do something like that," said Miami Beach Police Chief Carlos Noriega. "It was a fleeting act, it's stupidity, it's reckless."

Gutierrez and Kuilan were fired from the force within days of the incident.

A picture released by prosecutors showed both men smiling among a group of women as they posed for the shot at the Clevelander.

Gutierrez has not been charged with a criminal act.

The victims, who are friends, are still recovering from their injuries.

Luis Altamonte has since been released from the hospital but is suffering from a broken femur.

Kitzie Nicanor's injuries are more severe. She spent the first weeks in a coma, but family members told Local 10's Terrell Forney that the 29-year-old has since regained consciousness and is doing better in her hospital bed.

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