Two men were arrested Sunday at Gilbert’s Resort in Key Largo after a
fracas that started in the no swimming zone near the docks.
Yanser Robaina, 40, of Homestead, was charged with battery on a law enforcement officer, causing property damage, resisting arrest with violence and resisting arrest without violence.
Freddy Ruiz, 43, of Miami, was charged with cocaine possession.
The incident began at 3:39 p.m. Resort security told Sheriff’s deputies that people were jumping off the docks. The deputies went to that area and found some kids jumping off the docks. They told the kids to cease as it was a safety issue. The kids ceased jumping off the docks. Meanwhile, there were two men — one of them later identified as Robaina, swimming in a clearly marked no swim zone as it was in a channel area with boat traffic. One of the men said they lost a pair of sunglasses and were looking for them. Deputy Molina told them to come back to land, put on some goggles to visually aid in their search. Deputy Molina and Deputy McKnight would then keep an eye out for boats.
One of the men, Robaina, cursed at Deputy Molina and stated he did not need to get out of the water. Robaina continue to curse at the Deputies, but eventually got out of the water. Robaina said, “I am going to sue you guys and you’re going to end up on the news.” Robaina was placed in custody at that time given the threats he was making. Robaina refused to provide his name or date of birth and continued to threaten the Deputies. The other man in the water with Robaina was not charged in the incident.
Deputies Joel Torres, Dyllon Hansen and Jose Hernandez also arrived.
While in the back of Deputy McKnight’s patrol car, Robaina began to kick the door. Robaina damaged the door, causing about $1,000 in damage. Deputy Hernandez and Deputy Molina were putting leg restraints on Robaina when Robaina head-butted Deputy Molina in the face. Robaina also spit in Deputy Molina’s face and as well as Deputy Molina’s mouth. Deputy Molina temporarily lost his grip on Robaina. Deputy Molina used his Taser® to dry stun Robaina. Robaina calmed down for a few seconds, but then began kicking Deputy Hernandez. Deputy Molina then fired his Taser® at Robaina and Robaina complied after being shocked the second time.
Robaina was treated on the scene by Fire Rescue personnel after stating he had high blood pressure. He declined transport to Mariners Hospital in Tavernier.
Robaina was taken to jail.
Meanwhile, resort security advised there was a third man with Robaina who they asked to leave the property — Freddy Ruiz. Security stated Ruiz dropped a small plastic bag on the beach as he was walking toward Deputies. Resort security retrieved the bag. Deputy Molina asked Ruiz if the bag was his and Ruiz stated he did not wish to speak to Deputy Molina.
Ruiz was seen on video security footage throwing the bag on the beach before walking toward Deputies.
Inside the baggie was a small amount of white powder that field tested positive for cocaine and two marijuana cigarettes.
Ruiz was also taken to jail.