Complaint #201103456,
March 17, 2011

Officer: Ferguson, Galvin
Complainant: Black Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Garcia, Cesar
Complainant: Black Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Terrell, David
Complainant: Black Male, 17
Allegation: Force: Pepper spray
CCRB Conclusion: Unsubstantiated
Officer: Terrell, David
Complainant: Black Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Terrell, David
Complainant: Black Female, 37
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Terrell, David
Complainant: Black Female, 37
Allegation: Force: Chokehold
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Female, 35-39
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Ferguson, Galvin Black Male, 17 Force: Physical force Unsubstantiated
Garcia, Cesar Black Male, 17 Force: Physical force Unsubstantiated
Terrell, David Black Male, 17 Force: Pepper spray Unsubstantiated
Terrell, David Black Male, 17 Force: Physical force Unfounded
Terrell, David Black Female, 37 Force: Physical force Unfounded
Terrell, David Black Female, 37 Force: Chokehold Unfounded
Unknown Officer Black Female, 35-39 Abuse of Authority: Refusal to obtain medical treatment Unfounded

Conclusion Meanings:

'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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

On March 17, 2011, at approximately 9:45 a.m., [redacted] was attending school at the Bronx Leadership Academy – located at [redacted] in the Bronx – when he was asked to step out of class by an assistant principal, after which he encountered PO Cesar Garcia and PO Galvin Ferguson of the 42nd Precinct. The officers placed [redacted] in handcuffs and took him to a security room within the school. Inside the security room, PO Ferguson and PO Garcia allegedly removed [redacted] handcuffs and punched him in the face and torso, causing him to sustain a "busted" lip (Allegations A and B). Afterward, [redacted] was transported to the 42nd Precinct stationhouse. While at the stationhouse, Det. David Terrell allegedly pepper sprayed and punched [redacted] (Allegations C and D). [redacted] went to the stationhouse, with her son [redacted] and her daughter [redacted] after finding out that her son had been arrested, but officers commanded her to leave. [redacted] exited the stationhouse and was walking away when Det. Terrell went after her and allegedly put his arm around her neck, while behind her, and took her to the ground, causing her to land on her back (Allegations E and F). [redacted] was then placed in handcuffs. [redacted] was charged with resisting arrest and obstructing governmental administration. [redacted] was charged with assault. [redacted] back was allegedly injured during the incident. Read report for details.


Details

Incident: March 17, 2011
Closed: September 19, 2016

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: School
In NYPD 42nd Precinct Bronx
Outcome: Arrest - OGA

Witness Officers: Johnny Diaz