Complaint #200901980,
February 9, 2009

Officer: Murphy, Joseph
Complainant: Hispanic Male, 27
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Exonerated
Officer: Delacruz, Harry
Complainant: Hispanic Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Delacruz, Harry
Complainant: Female
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unsubstantiated
Officer: Murphy, Joseph
Complainant: Male, 25
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Murphy, Joseph
Complainant: Male, 25
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unsubstantiated
Officer: Delacruz, Harry
Complainant: Male, 25
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Board Conclusion
Murphy, Joseph Hispanic Male, 27 Force: Nightstick as club (incl asp & baton) Exonerated
Delacruz, Harry Hispanic Male, 27 Force: Physical force Exonerated
Delacruz, Harry Female Discourtesy: Word Unsubstantiated
CCRB Investigator Recommendation: Exonerated
Murphy, Joseph Male, 25 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Murphy, Joseph Male, 25 Discourtesy: Word Unsubstantiated
CCRB Investigator Recommendation: Exonerated
Delacruz, Harry Male, 25 Abuse of Authority: Threat of arrest Exonerated

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Summary

He reported that earlier this date, at 12:05am, he was returning to his apartment from the store with his friend [redacted]. [redacted] was in the hallway outside his apartment smoking a cigarette when two police officers, PO Harry Delacruz and PO Joseph Murphy, approached him and asked what he was doing and if he lived in the building. [redacted] refused to put out the cigarette and was subsequently pushed against the wall. [redacted] resisted arrest and PO Delacruz pushed him against the wall (Allegation A). [redacted]'s girlfriend, [redacted], exited her apartment at this time and was allegedly told "get your ass inside" or "get back inside the fucking house." (Allegation B). Meanwhile, PO [redacted] ordered [redacted] to "get the fuck back" (Allegation C) and extended his asp towards him to prevent him from interfering with [redacted]'s arrest (Allegation D). Once [redacted] was controlled, PO Murphy assisted with [redacted]'s arrest and struck [redacted] with an asp (Allegation E). [redacted] was subsequently arrested for [redacted] and transported to the 46th Precinct. Outside the building, [redacted] alleged that PO Delacruz told him, "Get the fuck out of here or I will arrest you too." (Allegation F). Read report for details.


Details

Incident: February 9, 2009
Closed: January 12, 2010

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Residential building
In NYPD 46th Precinct Bronx
Outcome: Arrest - OGA

Witness Officers: David Monahan