North Miami police Cmdr. Emile Hollant was given notice Wednesday that he will be fired after an investigation into the shooting of Charles Kinsey, according to city officials.
Hollant was in charge when Kinsey was shot as he was lying on his back, with his hands in the air in the area of Northeast 14th Avenue and Northeast 127th Street. Sitting next to him was an autistic man holding a toy truck.
In the video of the incident, Kinsey is heard telling officers that he is unarmed. Authorities said Officer Jonathon Aledda was behind a car 152 feet away when he shot Kinsey.
Aledda has since been charged with attempted manslaughter and culpable negligence.
A memo dated July 22, 2016, states that Hollant was asked by Chief Gary Eugene if he had witnessed the shooting, and he advised that he had not.
"Evidence later collected during the administrative review process revealed that Commander Hollant to have been present prior, during and after the shooting incident," the memo said. "Given the belief that Commander Hollant was not a witness to the incident, he was neither interviewed by the Investigative Section in a timely manner, nor separated as the other witness officers were at the scene."
The memo goes on to say that due to the evidence collected, an internal affairs case was opened in order to follow up on allegations of obstructing an investigation.
On Wednesday, a letter was sent to Hollant about the investigation and the department's intent to terminate him. The letter said that the allegation was found to be sustained through the investigation.
"The Disposition Panel deemed your statements to be 'contradictory to statements made by other officers at the scene,'" the letter said. "Based on testimony by North Miami law enforcement personnel and radio transmissions, the panel determined that you were at the scene prior, during and after the shooting."
During his internal investigation interview, Eugene stated, "The commander completely lied to me," the letter said.
Dozens of interviews were conducted with officers and witnesses during the course of the investigation, including Kinsey.
Hollant is allowed to have a hearing before he is fired, North Miami officials said.