The Miami Herald
 
Gay & Lesbian

Posted at 10:47 a.m. EDT Thursday, August 30, 2001

http://www.miami.com/c/community/people/gay_and_lesbian/leaddocs/100436.htm

Officer arrested on sex charges

Immigrant men his alleged targets

BY NICOLE WHITE
nwhite@herald.com

A Miami-Dade County police officer was arrested Wednesday for sexually assaulting at least three men while on duty, going as far as whacking one with a department-issued flashlight and threatening to feed another ``to the alligators'' unless they performed sex acts on him.

Officer Carlos Fuster, prosecutors say, forced men whom he investigated to have sex with him. In return, he let them go without arresting them.

Fuster, 36, a 10-year veteran, is charged with three counts of sexual battery, two counts of kidnapping, extortion and unlawful compensation.

Fuster's lawyer says his client is innocent and questioned why the victims waited nearly two years to report the allegations.

Miami-Dade State Attorney Katherine Fernández Rundle said Fuster took advantage mainly of illegal residents who feared arrest.

``Betrayal is too weak a word to describe how his actions erode the confidence of the public,'' Rundle said, adding that pending prosecutions where Fuster is a state witness could possibly be jeopardized.

`VERY VULNERABLE'

``What exacerbates this one is the fact that it was a police officer using his authority against victims who are very vulnerable -- people who are afraid of government, who were not only concerned about their personal safety, but they were also concerned about deportation,'' said Rundle, who believes there could be other victims.

According to police:

Patrol supervisors pulled Fuster off the streets in March after the department received a complaint from a young man who said Fuster had fondled him after pulling him over for driving under the influence.

Fuster was placed on desk duty pending the outcome of the investigation.

Then last month, police received another complaint. A 45-year-old man told investigators that Fuster had forced him to perform oral sex on two separate occasions.

The victim said the first incident happened around October 1999, when Fuster had been dispatched to break up a brawl. The victim and a 30-year-old friend were involved in that fight.

Both said they assumed they had been arrested when Fuster ordered them inside his patrol car. Instead of going to jail, Fuster drove them 10 miles west to a secluded area off Tamiami Trail.

Fuster then walked each man separately to a darkened spot and forced each one to perform oral sex on him.

The 45-year-old told investigators that he initially balked until Fuster threatened to shoot him and ``feed him to the alligators.''

When his friend also refused, Fuster hit him on the side of the head with a police flashlight.

Weeks after the October assault, the 45-year-old man said, Fuster spotted him walking along a street, again forced him into his patrol car and made him perform oral sex behind a darkened strip mall.

A THIRD VICTIM

Rundle said it was the report of a third victim that bolstered their cases against Fuster.

The third victim, a South Dade resident, told investigators he had fallen asleep inside his car at a Wendy's fast-food restaurant. Fuster took him into custody, drove him to a secluded spot and sexually assaulted him.

This time, investigators found evidence in Fuster's patrol car that corroborated the assault. Rundle declined to say what evidence they found.

Fuster's attorney, Douglas Hartman, said his client maintains his innocence.

``I don't know how many people have this terrible crime happen to them and take almost two years to come forward,'' Hartman said. ``It's a horrible way to ruin the reputation of an outstanding police officer.''

Fuster's personnel profile lists 21 commendations during his tenure. There were five complaints of discourtesy, use of minor force and abuse of authority. Police found he used improper force once and failed to follow police procedures another time.

Fuster is being held at the Metro West Detention Center; he's scheduled to appear in court today for a bond hearing.

If convicted, Fuster could face life in prison.

Return to TBC Florida News
http://tampabaycoalition.homestead.com/flnews.html