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About the Employment Related Murder of Delfina Pan in Miami Beach, Florida - #Michael Ayele (a.k.a) W - #Title VII

The Association for the Advancement of Civil Liberties (AACL) continues to be concerned about several issues, which have not been addressed following the murder of Delfina Pan. These issues include but are not limited to [1] whether Delfina Pan was made aware by Kansas Bar & Grill (her former employers) on her rights to file a complaint of employment discrimination denouncing sexual harassment; [2] whether Delfina Pan ever made her wishes clear on what she wanted to happen in the event she passed away on the territory of the United States of America (USA)...

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About the Employment Related Murder of Delfina Pan in Miami Beach, Florida - #Michael Ayele (a.k.a) W - #Title VII

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  1. RECORDS REQUEST 03/26/2022 W (AACL) Michael A. Ayele P.O.Box 20438 Addis Ababa, Ethiopia E-mail: waacl13@gmail.com ; waacl1313@gmail.com ; waacl42913@gmail.com Updated.: March 26th 2022 Request for Records Hello, This is Michael A. Ayele sending this message though I now go by W. You may call me W. I am writing this letter to file a request for records with your offices.i The bases for this request for records are (1) the November 29th 2021 violent murder of Delfina Pan related to her previous employment at the Kansas Bar & Grill located in the City of Miami Beach on Lincoln Road;ii (2) the ordinance of the City of Miami Beach, which has gone into effect in 2013; (3) the memorandum of understanding (MOU) concluded between the Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR). I) Request for Records What I am requesting for prompt disclosure are all records within your possession detailing (1) formal and informal ties existing between the EEOC, the FCHR, the City of Miami Beach Human Relations Committee and the Department of Homeland Security (DHS); (2) your communications about the City of Miami Beach ordinance (hereby attached in Appendix A); (3) communications between the EEOC and the FCHR, which led up to the conclusion of the MOU (hereby attached in Appendix B); (4) your communications about whether Delfina Pan was made aware by Kansas Bar & Grill (her former employers) on her rights to file a complaint of employment discrimination denouncing sexual harassment at the workplace; (5) the complaints filed by Delfina Pan with City of Miami Beach Human Rights Committee denouncing sexual harassment at the workplace; (6) the extent of the EEOC and the DHS knowledge on whether the Kansas Bar & Grill restaurant complied with the ordinance of the City of Miami Beach; (7) your communications about whether a person working in the City of Miami Beach, Florida can file a complaint with the FCHR and the EEOC after having filed a complaint with the City of Miami Beach Human Rights Committee; (8) your communications about the murder of Delfina Pan being related to her previous employment with the Kansas Bar & Grill restaurant; (9) the policy(ies) adopted by the EEOC in circumstances where a person is murdered as a direct consequence of her/his previous employment; (10) the policy(ies) adopted by the DHS in circumstances where an immigrant is murdered as a direct consequence of her/his previous employment; (11) the wishes of Delfina Pan in terms of what she wanted in the event she died in the United States of America (U.S.A). W (AACL) – MICHAEL A. AYELE 1

  2. RECORDS REQUEST 03/26/2022 II) Request for a Fee Waiver and Expedited Processing The requested records have demonstrated that the life of Delfina Pan was put at significant risk as a direct consequence of her previous employment in the State of Florida (working for the Kansas Bar & Grill in the City of Miami Beach). On this basis alone, I believe this request for records should be expedited and all fees waived. As a Black man, who has previously filed a charge of employment discrimination with the EEOC pursuant to Title VII of the 1964 and 1991 Civil Rights Act; I would like to take this opportunity to denounce discrimination on the bases of gender, racial background, sexual orientation, religious affiliation, national origin or other non- meritorious attribute people may identify with. I would also like to take this opportunity to unequivocally denounce violence committed against women irrespective of their racial backgrounds, their sexual orientations, their national origins, their religious affiliations or other attributes they may identify with. Beware. The core issues raised in my records request are as follows. 1) Was Delfina Pan aware that she could file a complaint of employment discrimination denouncing sexual harassment with the City of Miami Beach Human Rights Committee? If yes, do you have any knowledge on whether she opted to do so? If not, why has Delfina Pan not filed a complaint of employment discrimination with the City of Miami Beach Human Rights Committee? Did the Kansas Bar & Grill restaurant, where Delfina Pan worked post in a visible place the ordinance adopted by the City of Miami Beach? 2) Does the City of Miami Beach Human Rights Committee have formal and/or informal ties with the DHS, the FCHR and the EEOC? Would filing a complaint of employment discrimination with the City of Miami Beach Human Rights Committee prohibit a sexual harassment victim (such as Delfina Pan) to report her experiences with the FCHR and the EEOC? 3) Was Delfina Pan fearful for her safety as a direct consequence of her previous employment with the Kansas Bar& Grill restaurant? If yes, had she expressed those concerns for her physical safety to law enforcement agencies which include but are not limited to the City of Miami Beach, the DHS, the EEOC and the FCHR? Had Delfina Pan expressed any wishes about what she wanted (to happen to her body) in the event she died in the U.S.A? What policy(ies) have been adopted by the EEOC in circumstances where a person is murdered as a direct consequence of her/his previous employment? What policy(ies) have been adopted by the DHS in circumstances where an immigrant is murdered as a direct consequence of her/his previous employment? W (AACL) – MICHAEL A. AYELE 2

  3. RECORDS REQUEST 03/26/2022 As a Black man, who has previous filed a complaint of employment discrimination with the EEOC pursuant to Title VII of the 1964 and 1991 Civil Rights Act; I believe these questions deserve an answer. Have a good day. Take care. Keep yourselves at arms distance. Respectfully submitted: W (AACL) Michael A. Ayele Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist Work Cited iPlease be advised that I have previously disseminated a vast number of documents obtained through records request via Archive.org, Scribd.com, Medium.com and YouTube.com. These documents have been made available to the public at no financial expense to them. As a member of the media, I would like to take this opportunity to inform you that the records you disclose to me could be made available to the general public through the means I have mentioned above or other ones. On December 10th 2021, I have launched a website on Wordpress.com for the purpose of making the records previously disclosed to me by the U.S government further accessible to members of the general public interested in the activities of their elected and non- elected representatives. You can find out more about the recent publications of the Association for the Advancement of Civil Liberties (AACL) here.: https://michaelayeleaacl.wordpress.com/ iiAccording to an arrest report, Mariani and Pan worked at a local restaurant together, and Mariani had made several attempts to start a relationship with Pan, who declined his attempts. (…) According to the arrest report, Mariani, who worked as a bartender, showed up at Pan's apartment and waited for her, and when she refused to talk with him, he pulled out a knife and stabbed her. (…) Workers at the restaurant discovered that a large knife that was kept at the bar was missing, and the knife matched the description of the one used by Mariani in the stabbing, the report said. Miami Beach Man Fatally Stabbed Co-Worker Who Refused to Date Him, NBC Miami.: https://www.nbcmiami.com/news/local/miami-beach-man-fatally-stabbed-co-worker- who-refused-to-date-him-police/2633475/ W (AACL) – MICHAEL A. AYELE 3

  4. REQUEST FOR RECORDS 12/20/2021 W (AACL) Michael A. Ayele P.O.Box 20438 Addis Ababa, Ethiopia E-mail: waacl13@gmail.com ; waacl1313@gmail.com ; waacl42913@gmail.com Request for Records Hello, This is Michael A. Ayele sending this message though I now go by W. You may call me W. I am writing this letter to file a request for records with your offices.i The bases for this records request are (1) the November 29th 2021 murder of 28-year-old Delfina Pan in Miami Beach, Florida ii and; (2) the October 28th 2019 murder of 22 years-old Allyzibeth Lamont. iii I) Records Request What I am requesting for prompt disclosure are all records within your possession detailing [1] formal and informal ties existing between your offices, the Equal Employment Opportunity Commission (EEOC), the Department of Homeland Security (DHS), the Department of Justice (DOJ), the Department of State (DoS) and the New York State Department of Labor; [2] the agreements of cooperation concluded between the EEOC and the DHS not to retaliate upon first- generation immigrants of the United States of America (U.S.A) who make the brave decision to file a charge of employment discrimination pursuant to Title VII of the 1964 and 1991 Civil Rights Act; [3] the agreements of cooperation concluded between the DOJ and the DHS not to retaliate upon first-generation immigrants of the U.S.A who make the brave decision to file a charge of employment discrimination pursuant to the provision of the Immigration and Nationality Act (INA), 8 U.S.C Section 1324b;iv [4] your communications about Delfina Pan as a 28 year-old woman from Argentina (South America) who had moved to the U.S.A in 2019; [5] your communications about Delfina Pan as a woman who had attended the University of Buenos Aires in Argentina before her arrival in the U.S.A; [6] your communications about Delfina Pan as a woman who was living in the 7330 Block of Harding Avenue in Miami Beach, Florida; [7] your communications about Delfina Pan as a woman described by several news outlets as a “ graphic designer”and an “aspiring graphic designer” by profession;v [8] your communications about Delfina Pan as a woman who had been working at the Kansas Bar & Grill (in Miami Beach, Florida) for many months before her murder; [9] your communications about Delfina Pan as a woman who had met Augustin Lucas Mariani during her employment at the Kansas Bar & Grill restaurant (located in Miami Beach, Florida); [10] your communications about Delfina Pan as a woman who was sexually harassed during her employment by Augustin Lucas Mariani, also employed at the Kansas Bar & Grill restaurant (located in Miami Beach, Florida); [11] your communications about Delfina Pan as a woman who had constantly rejected the sexual advances of Augustin Lucas Mariani during her employment at the Kansas Bar & Grill restaurant (located in Miami Beach, Florida); [12] your formal and informal ties with the Kansas Bar & Grill restaurant (located in Miami Beach, Florida); [13] the obligations incurred by Kansas Bar & Date Updated.: March 26th 2022 W (AACL) – MICHAEL A. AYELE 1

  5. REQUEST FOR RECORDS 12/20/2021 Grill restaurant (located in Miami Beach, Florida) since the murder of Delfina Pan; [14] the extent of the EEOC, the DHS and the DOJ interest in the Kansas Bar & Grill restaurant (located in Miami Beach, Florida); [15] directives issued by the EEOC, the DHS and the DOJ requiring the Kansas Bar & Grill restaurant (in Miami Beach, Florida) to inform their current and prospective employees about their rights pursuant to Title VII of the 1964 Civil Rights Act and the anti-discrimination provision of the INA; [16] your communications about the misleading Tweet posted by the Miami Beach Police indicating that the murder of Delfina Pan was “domestic related;” [17] your communications about femicide; [18] your communications about the World Health Organization (WHO) definition of femicide as the “intentional murder of women because they are women;” vi [19] your formal and informal ties with the Miami Beach Police and the WHO; [20] your communications about Delfina Pan as a woman who may have been fearful of reporting the sexual harassment she endured as an employee of the Kansas Bar & Grill restaurant (located in Miami Beach, Florida) to the Florida Commission on Human Relations (FCHR); [21] your communications about Delfina Pan as a woman who may not have come into contact with a legal representative of the FHCR during her employment at the Kansas Bar & Grill restaurant (located in Miami Beach, Florida); [22] formal and informal ties existing between the EEOC and the FCHR; [23] the agreements of cooperation concluded between the EEOC and the FCHR; [24] your communications about Allyzibeth Lamont as a 22 year old Caucasian woman who was employed in a New York deli owned and operated by Georgios Kakavelos; [25] your communications about the decision of Allyzibeth Lamont to file a charge of employment discrimination against Georgios Kakavelos with the New York State Department of Labor; [26] the complaint filed by Allyzibeth Lamont against Georgios Kakavelos with the New York State Department of Labor; [27] the paper-copies of the investigation launched by the New York State Department of Labor following the complaint filed by Allyzibeth Lamont against Georgios Kakavelos; [28] your communications about the murder of Allyzibeth Lamont by James Duffy and Georgio Kakavelos; [29] your communications about Allyzibeth Lamont as a woman who was retaliated upon following her decision to file a complaint with the New York State Department of Labor; [30] your communications about the decision of New York State Labor Commissioner Roberta Reardon to write a letter addressed to Saratoga County Judge James A. Murphy III asking himto impose a sentence that would discourage other employers to retaliate against employees who file a charge of employment discrimination; [31] the letter written Roberta Reardon addressed to James A. Murphy III on behalf of Allyzibeth Lamont; [32] your communications about the sentencing of Georgios Kakavelos to life in prison without the possibility of parole on November 30th 2021.vii II) Request for a Fee Waiver and Expedited Processing The requested records have demonstrated that the lives of Delfina Pan and Allyzibeth Lamont were put at significant risk as a direct consequence of their employments in the State of Florida and the State of New York respectively. On this basis alone, I believe this request for records should be expedited and all fees waived. As a Black man, who has previously filed a charge of employment discrimination with the EEOC pursuant to Title VII of the 1964 and 1991 Civil W (AACL) – MICHAEL A. AYELE 2

  6. REQUEST FOR RECORDS 12/20/2021 Rights Act; I would like to take this opportunity to denounce discrimination on the bases of gender, racial background, sexual orientation, religious affiliation, national origin or other non- meritorious attribute people may identify with. I would also like to take this opportunity to unequivocally denounce violence committed against women irrespective of their racial backgrounds, their sexual orientations, their national origins, their religious affiliations or other attributes they may identify with. Beware. The core issues presented in this records request are as follows. 1) What are the obligations of employers such as Lincoln Road restaurant, Kansas Bar & Grill when a female employee is murdered following months of sexual harassment at the hands of a male employee? Could Lincoln Road restaurant, Kansas Bar & Grill have prevented the murder and what steps do they need to take to prevent a heinous act (such as the one Delfina Pan experienced) in the future? 2) Can agencies who process charges of employment discrimination do more to prevent retaliation directed at complainants who may have been witness to wrongdoings at the workplace? What should be done taking into consideration the murder of Allyzibeth Lamont? As a Black man, who has previously filed a charge of employment discrimination with the EEOC; I believe the issues I have raised in my request for a fee waiver and expedited processing deserve an answer. Take care. Keep yourselves at arms distance. I hereby declare under penalty of perjury that all the statements I have made are to the best of my knowledge true and accurate. Respectfully submitted: W (AACL) Michael A. Ayele Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist W (AACL) – MICHAEL A. AYELE 3

  7. REQUEST FOR RECORDS 12/20/2021 Work Cited iPlease be advised that I have previously disseminated a vast number of documents obtained through records request via Archive.org, Scribd.com, Medium.com and YouTube.com. These documents have been made available to the public at no financial expense to them. As a member of the media, I would like to take this opportunity to inform you that the records you disclose to me could be made available to the general public through the means I have mentioned above or other ones. On December 10th 2021, I have launched a website on Wordpress.com for the purpose of making the records previously disclosed to me by the U.S government further accessible to members of the general public interested in the activities of their elected and non- elected representatives. You can find out more about the recent publications of the Association for the Advancement of Civil Liberties (AACL) here.: https://michaelayeleaacl.wordpress.com/ ii The stabbing death of 28-year-old Delfina Pan in Miami Beach early this week made headlines in her native Argentina, where the online news site Today in 24 branded her suspected killer “an obsessed stalker.” Another news site called her death “femicide.” But in Miami Beach, where she lived, police were unusually quiet about the brutal killing. For three days, the only information released by police was a single Twitter post that said when officers arrived they found a male and female “with apparent stab wounds” and that they were both transported to Jackson Memorial Hospital. “Preliminary info suggests this incident is domestic related,” the tweet said. It wasn’t. On Thursday night, Miami Beach Police finally released a narrative describing Pan’s death and naming the man charged with killing her. Police said that after Agustin Lucas Mariani’s romantic requests were spurned by Pan, he waited for her at her Harding Avenue apartment in North Beach early Monday night. Police say he became so enraged when she showed up and refused to invite him in that he killed her. Then, according to a neighbor and witness, he ripped off his shirt and stabbed himself in the upper chest. It didn’t kill him. Thursday, police charged Mariani with second-degree murder while he was still in the hospital recovering. According to a neighbor and friend of Pan’s, police said, “the defendant arrived at the victim’s apartment, uninvited, and waited for the victim.” When Pan arrived, Mariani asked to talk to her in her apartment. When she refused, the neighbor told police, “he produced a knife and without being provoked began to stab the victim.” Pan, a graphic designer who attended the University of Buenos Aires, moved to Miami Beach two years ago, friends told Argentine media outlets. For the past several months she’s had a job at the Lincoln Road restaurant, Kansas Bar & Grill, where Mariani also worked. It wasn’t immediately clear what jobs the two had at the restaurant. An online news site called Zyri said that Mariani was also from Argentina and that his LinkedIn W (AACL) – MICHAEL A. AYELE 4

  8. REQUEST FOR RECORDS 12/20/2021 page, which has been taken down, said he had completed a course at Aeronautical Professional Training Institute after high school to become a cabin crew member. Friends and co-workers told police that Mariani has been obsessed with her for several months, often professing his love for her. And that out of fear, Pan declined his offers, gently, careful not to inflame him. On Monday night, according to Mariani’s arrest report, the obsession turned lethal. Police said Pan left work early for some reason on Monday, when she was scheduled to work until 6 p.m. Mariani, the restaurant’s general manager told police, was scheduled to work a double shift the same day, until 11:30 p.m. But, the manager said, he left shortly after Pan did. One of Pan’s neighbors said Mariani showed up at her apartment in the 7300 block of Harding Avenue before Pan got home. The neighbor told police that he witnessed the incident. When police arrived, Mariani, stabbed and bleeding, was lying on top of Pan outside her apartment. They were both rushed to the hospital, where Pan was declared dead. The scene was so gruesome, that police who responded were given time off by the department to recover. Police also believe they recovered a key piece of evidence. A knife that matched the description of the one used to kill Pan was reported missing from the restaurant. A co-worker of Pan’s told Today in 24 that Pan said she feared Mariani and that she had several uncomfortable interactions with Mariani. “He worked with us. A super strange boy and nobody knew anything about his life. He went to work and did not say hello to anyone,” Pan’s friend told the media outlet. Police said Mariani refused to provide a statement and invoked his right to keep silent before he was charged. Police said Pan’s neighbor identified him from a photo lineup. Police charge co-worker and ‘obsessed stalker’ in stabbing death of woman in Miami Beach, Miami Herald: https://www.miamiherald.com/news/local/crime/article256279117.html#storylink=cpy iiiGeorgios Kakavelos, the owner of a Johnstown sandwich shop, not only called for the death of his employee Allyzibeth Lamont, but participated in her murder, Kakavelos’ one-time co- defendant, who admitted last week to murder in the case, told investigators early in their investigation. In a statement to investigators days after Lamont’s disappearance, James A. Duffy contended Kakavelos told him he owed Lamont money and that “she was causing problems for him at the labor board,” the written Duffy statement filed in court and obtained by The Daily Gazette reads. The statement went on to say the two then worked to plan the murder over the span of three days. W (AACL) – MICHAEL A. AYELE 5

  9. REQUEST FOR RECORDS 12/20/2021 They then went through with it the evening of Oct. 28, 2019 at Kakavelos’ Local Substation No. 9, Duffy attacking the 22-year-old Gloversville resident with a baseball bat, Kakavelos with a garbage bag, the statement reads. “George told me that when he goes back to where Ally was then, to get the bat and come and do it,” Duffy’s statement read. Duffy said he did it. Kakavelos then joined in with the bag, Duffy’s statement read. Duffy’s statement is dated Oct. 31, 2019. He gave it to investigators after he led them around the region to retrieve secreted key evidence in the case, including the baseball bat, and, ultimately, to Lamont’s body, buried in a shallow grave off Exit 13 in Malta. Both Duffy, 35, of Johnstown, and Kakavelos, 52, of Milton, were arrested within days of the disappearance and discovery of Lamont’s body, and indicted early last year on charges that included first-degree murder. The murder count included the possibility of life in prison without parole, if convicted. Duffy pleaded guilty in the case Friday to the lesser charge of second-degree murder. He is expected to testify against Kakavelos at Kakavelos’ upcoming trial, set to begin with jury selection next week, according to Kakavelos’ attorney Kevin K. O’Brien. In return, Duffy is expected to get 18 years to life in prison, Kakavelos’ attorney said. Saratoga County District Attorney Karen Heggen declined to comment on the case Monday. Duffy’s attorney Andrew C. Blumenberg could not be reached for comment. Asked about Duffy’s statement and plea on Monday, O’Brien called Duffy’s statements self- serving and contended Duffy made multiple contradictory statements to investigators around that time. “They were very self-serving and, frankly, they just don’t line up with the evidence,” O’Brien said of Duffy’s statements. Kakavelos maintains his innocence in the case, as he has from the start, O’Brien said. “He’s been waiting in jail to tell his version of events, to put forward his defense, for nearly two years,” O’Brien said. “I’ve been with him throughout that process and he’s been steadfast in his position.” Lamont was last seen alive that Monday, Oct. 28, 2019, at about 8 p.m. on Townsend Avenue near North Comrie Avenue in Johnstown, near where she worked at the Local Substation No. 9 sandwich shop in the Adirondack Plaza, authorities said at the start. By the afternoon of Oct. 31, 2019, investigators had Duffy in for an interview as investigators still did not know Lamont’s whereabouts or whether she was alive or dead. Johnstown sub shop W (AACL) – MICHAEL A. AYELE 6

  10. REQUEST FOR RECORDS 12/20/2021 owner had Allyzibeth Lamont killed over money he owed her, investigators told early on, The Daily Gazette.: https://dailygazette.com/2021/05/03/johnstown-sub-shop-owner-had-allyzibeth- lamont-killed-over-money-he-owed-her-investigators-told-early-on/ ivUnfair Immigration Related Employment Practices, Department of Justice (DOJ).: https://www.justice.gov/crt/8-usc-1324b-unfair-immigration-related-employment-practices vPan, an Argentinian native, was an aspiring graphic designer, and had been living with a childhood friend after moving to Miami Beach two years ago, friends told the Herald. Obsessed Man Kills Co-Worker Who Refused to Him, Cops Say. Daily Beast.: https://www.thedailybeast.com/obsessed-man-agustin-lucas-mariani-kills-co-worker-delfina- pan-who-refused-to-date-him-cops-say viFemicide committed by someone without an intimate relationship with the victim is known as non-intimate femicide, and femicide involving sexual aggression is sometimes referred to as sexual femicide. Understanding and addressing violence against women, World Health Organization (WHO).: https://apps.who.int/iris/bitstream/handle/10665/77421/WHO_RHR_12.38_eng.pdf viiUpstate New York Deli Owner Gets Life for Workplace Whistleblower’s Murder, Yahoo.: https://www.yahoo.com/entertainment/upstate-york-deli-owner-gets-135800819.html W (AACL) – MICHAEL A. AYELE 7

  11. EXHIBIT 1.

  12. OBTS NUMBER 1302346389 ARMED FORCES NO BWC NO POLICE CASE NO. 202100108020 COMPLAINT/ARREST AFFIDAVIT SPECIAL OPERATION: JAIL NO. 210160110 PMHD NO COURT CASE NO. F21020875 X FELONY MISD TRAFFIC JUV DV MOVES CIV INF WARRANT FUGITIVE WARRANT: In State Out State COMPLAINT/ARREST AFFIDAVIT - COURT COPY IDS NO. 3419699 AGENCY CODE 002 MUNICIPAL P.D. DEF. ID NO. MDPD RECORDS AND ID NO. 1247022 STUDENT ID NO. GANG RELATED NO FRAUD RELATED NO DEFENDANT'S NAME (LAST, FIRST, MIDDLE) MARIANI, AGUSTIN LUCAS ALIAS and / or STREET NAME SIGNAL: HISPANIC: NO ETHNICITY: ARG DOB (MM/DD/YYYY) 02/08/2001 AGE 20 RACE W SEX M HEIGHT 5'07 WEIGHT 130 HAIR COLOR BRO HAIR LENGTH MED HAIR STYLE WAV EYES BRO GLASSES NO FACIAL HAIR UNS TEETH NOR SCARS, TATTOOS, UNIQUE PHYSICAL FEATURES (Location, Type, Description) PLACE OF BIRTH (City, State/Country) AT LOCAL ADDRESS PHONE CITIZENSHIP AT PERMANENT ADDRESS (Street, Apt. Number) 1611 MERIDIAN AVENUE # 106 (City) MIAMI BEACH (State) FL (Country) US (Zip) 33139 PHONE OCCUPATION BARTENDER SCHOOL OR BUSINESS ADDRESS (Street, Apt. Number) (City) (State) (Country) (Zip) PHONE ADDRESS SOURCE OTHER DRIVER'S LICENSE NUMBER/STATE SOCIAL SECURITY NO. WEAPON SEIZED YES: KNIFE/ CUT INSTR Defendant/CONCEALED WEAPON PERMIT NONE INDICATION OF: Alcohol Infuence: U Drug Infuence: U ARREST DATE 12/02/2021 ARREST TIME 10:32 ARREST LOCATION JACKSON MEMORIAL HOSPITAL-RYDER TRAUMA CENTER 1800 NW 1OTH AVE MIAMI, FL 33136 DOB GRID CO-DEFENDANT NAME IN CUSTODY AT LARGE FELONY DV JUVENILE MISDEMEANOR CO-DEFENDANT NAME DOB IN CUSTODY AT LARGE FELONY DV JUVENILE MISDEMEANOR CO-DEFENDANT NAME DOB IN CUSTODY AT LARGE FELONY DV JUVENILE MISDEMEANOR JUV only Name Street Zip Phone Contacted? Relation CHARGES CHARGE AS: CNTS FL STATUTE NUMBER VIOL OF SECT. CODE OF UCR DV WARRANT TYPE OR TRAFFIC CITATION 1. F/L-MURDER 2ND DEGREE/WITH A WEAPON F.S. 1 782.04(2) 0001090A N 2. 3. 4. The undersigned certifies and swears that he/she has just and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law: On the 29 day of NOVEMBER, 2021, at 18:26 at (SOUTHSIDE BREEZWAY OF) 7330 HARDING AVENUE. MIAMI BEACH, FL, 33141 ON NOVEMBER 29, 2021, AT APPROXIMATELY 6:26 PM, THE MIAMI BEACH POLICE & FIRE COMMUNICATION CENTER RECEIVED SEVERAL PHONE CALLS OF TWO (2) PEOPLE STABBED AT 7330 HARDING AVENUE, MIAMI BEACH. POLICE ARRIVED AND LOCATED A MALE, LATER IDENTIFIED AS THE DEFENDANT, LYING ON TOP OF AN UNRESPONSIVE FEMALE, HEREINAFTER REFERRED TO AS VICTIM DP, WHO WAS BLEEDING PROFUSELY. THE DEFENDANT WAS SECURED, AND IT WAS THEN DISCOVERED HE ALSO HAD AT LEAST ONE (1) STAB WOUND TO HIS UPPER TORSO. THE MIAMI BEACH FIRE DEPARTMENT RESPONDED AND TRANSPORTED BOTH TO JACKSON MEMORIAL HOSPITAL-RYDER TRAUMA CENTER (JMH). AT JMH, VICTIM DP SUCCUMBED TO HER INJURIES AND WAS PRONOUNCED AT... [Continued on Next Page] I Understand that should I willfully fail to appear before the court as required by this notice to appear that I may be held in contempt of court and a warrant for my arrest shall be issued. Furthermore, I agree that notice concerning the time, date and place of all court hearings should be sent to the above address. I agree that it is my responsibility to notify Clerk of the Court (Juveniles notify Juvenile Division) anytime that my address changes. You need not appear in court, but must comply with the instructions on the reverse side hereof. HOLD FOR OTHER AGENCY VERIFIED BY HOLD FOR BOND HEARING. DO NOT BOND OUT (Officer Must Appear at Bond Hearing). I SWEAR THAT THE ABOVE STATEMENT IS TRUE AND CORRECT. SWORN TO AND SUBSCRIBED BEFORE ME, THE UNDERSIGNED AUTHORITY THIS 03 DAY OF DECEMBER, 2021 PENA, M: Court ID: 002-00730 FERNANDEZ, J: Court ID: 002-01034 Page 1 of 2 20212183880 Report Generated at 12/28/2021 11:13:38 by POLIROD3

  13. COMPLAINT/ARREST AFFIDAVIT CONTINUATION OBTS NUMBER 1302346389 POLICE CASE NO. 202100108020 JAIL NO. 210160110 COURT CASE NO. F21020875 COMPLAINT/ARREST AFFIDAVIT CONT. SPECIAL OPERATION: JAIL NO. 210160110 PMHD NO COURT CASE NO. F21020875 X FELONY MISD TRAFFIC JUV DV MOVES CIV INF WARRANT FUGITIVE WARRANT: In State Out State DEFENDANT'S NAME (LAST, FIRST, MIDDLE) MARIANI, AGUSTIN LUCAS DOB (MM/DD/YYYY) 02/08/2001 CO-DEFENDANT NAME DOB IN CUSTODY AT LARGE FELONY DV JUVENILE MISDEMEANOR CO-DEFENDANT NAME DOB IN CUSTODY AT LARGE FELONY DV JUVENILE MISDEMEANOR CHARGES CHARGE AS: CNTS FL STATUTE NUMBER VIOL OF SECT. CODE OF UCR DV WARRANT TYPE OR TRAFFIC CITATION 5. 6. 7. 8. 7:05 PM, BY THE MEDICAL STAFF. HOMICIDE DETECTIVES INTERVIEWED SEVERAL WITNESSES TO INCLUDE A NEIGHBOR, HEREINAFTER REFERRED TO WIT. MG. ACCORDING TO WIT. MG, THE DEFENDANT ARRIVED AT VICTIM DPS APARTMENT, UNINVITED, AND WAITED FOR VICTIM DP. ONCE VICTIM DP ARRIVED, THE DEFENDANT APPROACHED VICTIM DP, WHILE SHE WAS TALKING TO WIT. MG, AND ASKED HER (VICTIM DP) TO TALK UPSTAIRS. VICTIM DP REFUSED AND ASKED THE WIT. MG TO ACCOMPANY HER WHILE THE DEFENDANT WAS PRESENT. THE DEFENDANT ENGAGED VICTIM DP IN CONVERSATION WHEN HE PRODUCED A KNIFE AND WITHOUT BEING PROVOKED, BEGAN TO STAB VICTIM DP IN THE PRESENCE OF WIT. MG. DURING THE ATTACK, VICTIM DP COLLAPSED TO THE GROUND. THE DEFENDANT THEN REMOVED HIS SHIRT AND STABBED HIMSELF WITH THE SAME KNIFE. THE POLICE RESPONDED SHORTLY THEREAFTER AND DETAINED THE DEFENDANT. DETECTIVES SHOWED WIT. MG A SEQUENTIAL PHOTOGRAPHIC LINE-UP, AND SHE POSITIVELY IDENTIFIED THE DEFENDANT. ON NOVEMBER 30, 2021, DR. S. CHAMPION PERFORMED A POSTMORTEM EXAMINATION ON VICTIM DP AND DETERMINED THE CAUSE OF DEATH AS: STAB WOUNDS OF NECK AND THE MANNER: HOMICIDE. AS THE INVESTIGATION PROGRESSED DETECTIVES LEARNED VICTIM DP AND DEFENDANT WORKED AT A LOCAL RESTAURANT. IN THE PAST, THE DEFENDANT MADE SEVERAL ATTEMPTS TO START A RELATIONSHIP WITH VICTIM DP, WHO DECLINED HIS ATTEMPTS. ON THE DAY OF THE INCIDENT, VICTIM DP WAS SCHEDULED TO WORK FROM 11:30 AM -6:00 PM BUT LEFT EARLY FROM WORK. THE DEFENDANT WAS SCHEDULED TO WORK A DOUBLE SHIFT FROM 11:30 AM-11:30 PM. ACCORDING TO THE RESTAURANTS GENERAL MANAGER, HEREINAFTER REFERRED TO AS WIT. LG, THE DEFENDANT LEFT THE RESTAURANT SHORTLY AFTER VICTIM DP, WITHOUT NOTIFYING OTHER STAFF MEMBERS. WIT. LG ALSO STATED MISSING FROM THE BAR WHERE THE DEFENDANT WORKED, WAS A LARGE KNIFE. THE KNIFE FROM THE BAR MATCHED THE DESCRIPTION OF THE KNIFE USED BY THE DEFENDANT TO ATTACK AND MURDER VICTIM DP. DETECTIVES MET WITH THE DEFENDANT A JMH AND HE INVOKED HIS RIGHT TO REMAIN SILENT AND DID NOT PROVIDE A STATEMENT. THE DEF WAS ADVISED OF HIS CHARGES. I Understand that should I willfully fail to appear before the court as required by this notice to appear that I may be held in contempt of court and a warrant for my arrest shall be issued. Furthermore, I agree that notice concerning the time, date and place of all court hearings should be sent to the above address. I agree that it is my responsibility to notify Clerk of the Court (Juveniles notify Juvenile Division) anytime that my address changes. You need not appear in court, but must comply with the instructions on the reverse side hereof. HOLD FOR OTHER AGENCY VERIFIED BY HOLD FOR BOND HEARING. DO NOT BOND OUT (Officer Must Appear at Bond Hearing). I SWEAR THAT THE ABOVE STATEMENT IS TRUE AND CORRECT. SWORN TO AND SUBSCRIBED BEFORE ME, THE UNDERSIGNED AUTHORITY THIS 03 DAY OF DECEMBER, 2021 PENA, M: Court ID: 002-00730 FERNANDEZ, J: Court ID: 002-01034 Page 2 of 2 20212183880 Report Generated at 12/28/2021 11:13:38 by POLIROD3

  14. EXHIBIT 2.

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