Mimesis Law
28 February 2020

Miami-Dade’s Emil Van Lugo: High Standards In Cars, Low Standards In Gasoline

September 29, 2016 (Fault Lines) — Some cops drive it like they stole it, but Emil Van Lugo stole it to drive it. No, he didn’t steal the car. He stole the gas to drive his luxury high-performance cars. Convicted this week, former Miami-Dade Police Sergeant Emil Van Lugo now faces up to five years in prison for several counts of theft and a felony organized scheme to defraud the county after Lugo stole county gasoline to fuel his personal vehicle. Sentencing will take place later this year.

As a police officer, Lugo had access to the county fuel pumps. Officers routinely use county owned fuel stations to gas up their patrol vehicles. Nothing wrong with that. Officers drive continuously throughout their workday and use quite a bit of fuel. But that’s also why, in larger jurisdictions, officers generally have access to more than one fuel station. Plus they are usually required to keep their cars fueled because you never know what might happen.

After an anonymous tip, internal affairs investigators began surveillance over Lugo’s fueling activities. He often made weekly trips to the county fuel station. Of course he was fueling his patrol car. But he made these trips on his days off. And to a remote county fueling station – not one normally used by officers but rather one routinely used by drivers from the county’s trash department. More interestingly, Lugo would arrive with large spare gas cans. You know the ones you keep in the garage to fill your lawnmower. Lugo would fill two large cans and then fuel up his patrol car.

Curiously, Lugo would carry the gas cans home and place them in his garage. Later, he would claim these extra gas cans were used to “top off” the patrol car during the week. But investigators secretly filmed Lugo filling up his wife’s metallic black custom-designed BMW Four Series with the red gas cans.

Speaking after the verdict, Miami-Dade State Attorney Katherine Fernandez Rundle said:

Sadly, Sgt. Van Lugo cared more about cheating the county out of a few dollars to fuel his stable of cars than he did about his oath to uphold the law.

Lugo and his attorney, David Edelstein, have long contended he only used the gas for his patrol car. You see, the confusion came about because he kept similar gas cans inside his garage to fuel his Ferraris and occasionally his wife’s BMW. Yes, Ferraris, plural. As a car enthusiast, Lugo owned three Ferraris at the time. Because of his love for cars, especially the high-end performance cars, Lugo reiterated he would never use that low-grade county gas in his personal vehicles:

If anyone knows anything about cars, you can only use premium gas. This is a high-performance vehicle. I’m going to ruin it if I use that kind of gasoline.

And while Lugo’s theory might have made for a good defense, it seems he didn’t count on at least part of the state’s case:

The state says records show Lugo got gas at the remote station on 50 consecutive weekends, while fueling up his cruiser during the week at the county location.

“This was planned. This was well thought out. This was a police officer methodically covering his tracks,” Livanos [the state prosecutor] said. “He’s out there (at the county fuel site) like clockwork, weekend after weekend after weekend.”

Gassing up the patrol car and two extra fuel containers on the weekends while off-duty and at a remote county fuel station, yet, also fueling the patrol car during the week. That’s a lot of gas. If the purpose of the extra cans was to “top off” the patrol car, why refuel it during the week also? Maybe he just drives a lot and uses a lot of gas. Patrolling the streets does take a lot of fuel. Why not use the gas cans during the week also. You know, avoid another trip to the station to top off the ol’ cruiser.

Well, it seems the prosecutors had yet another key piece of evidence:

Neither Lugo nor his wife used their credit cards to purchase gasoline until after he was arrested and suspended last year.

Oops. Never purchased personal gas? What about for the separate gas cans that contained the high performance fuel for personal use? Oh, maybe he just paid cash for that gas.

The defense claims they could prevail on an appeal as the judge refused to allow a Ferrari mechanic’s testimony about the fueling habits of car enthusiasts. It’s not clear what the mechanic would say about car enthusiasts in general, but it seems this car enthusiast cop didn’t necessarily share the same high standards.

8 Comments on this post.

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  • Scott Jacobs
    29 September 2016 at 9:41 am - Reply

    What does this cop’s wife do for a living?

    I ask, because I would love to know how a cop affords a custom BMW 4 series and a Ferrari without being dirty as hell…

    • dm
      29 September 2016 at 11:33 am - Reply

      Salaries for LEOs in most major metropolitan areas have become absurdly high. Add to that the OT that many officers earn working in uniform at private businesses and many officers easily make $125-150k per year (or more). As an example, my dad was a captain in a mid-size department in Florida and his base salary was $80k/year (and that was 25 years ago).

      • DaveL
        29 September 2016 at 1:34 pm - Reply

        $150k per year is nice, but it isn’t Ferrari money.

        • dm
          29 September 2016 at 3:04 pm - Reply

          True. However, the real “hard workers” on the Miami Beach PD (within Miami-Dade jurisdiction) often make upward of $200k per year when overtime is included. I suspect the same is true for Miami-Dade. Throw in a wife’s pay and you may be in Ferrari territory. Which is not to say that there are not also plenty of corrupt cops in that area as well. What does a Ferrari go for these days? Maybe it was used, or obtained through a police auction. Anyway, cheers DaveL.

          • Scott Jacobs
            29 September 2016 at 3:06 pm -

            But not “Ferrari and custom BMW and mortgage payment in Miami-Dale” money.

          • RyanP
            2 October 2016 at 12:23 am -

            One of the articles said he earned about $130,000 per year (I’m sure that doesn’t include off-duty or overtime jobs). I saw a picture of the officer with two of the Ferraris. One was a 1985 308GTS, which he probably could have gotten for under $50K depending on when he bought it. Hard to tell what the other one is since it’s up on a lift, though it looks like a Testarossa, which depending on when he bought it could have run him anywhere from $75,000 to $150,000.

            One article says he sold a 599GTB to pay for his defense. A 599GTB. He very likely paid close to $200,000 for that one (no less than $150,000), if not more (the 599GTB was only made from 2007-2012, and it was the flagship Ferrari of the time, starting at about $300K for the ‘base model’ when new).

    • dm
      29 September 2016 at 9:58 pm - Reply

      Actually, you definitely win this argument. One Ferrari maybe, but, per the Miami Herald: “Lugo and his defense attorney, David Edelstein, have long insisted that he used the gas cans to top off his own patrol car, never for his personal vehicles, including three Ferraris he owned at the time.”

  • Mario Machado
    29 September 2016 at 2:08 pm - Reply

    Welcome to Miami, folks. The land where even the Walmart parking lot is full of luxury sedans, and where no one flinches if it takes you a just few months to go from a Corolla to a Maybach.