Complaint #201405139,
May 19, 2014

Officer: Rodriguez, Eric
Complainant: White Female, 43
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Unsubstantiated
Officer: Rodriguez, Eric
Complainant: White Female, 43
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Rodriguez, Eric
Complainant: White Female, 43
Allegation: Abuse of Authority: Threat to notify ACS
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rodriguez, Eric
Complainant: White Female, 43
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Rodriguez, Eric
Complainant: White Female, 43
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Ku, Jonathan
Allegation: Abuse of Authority: Threat to notify ACS
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Rodriguez, Eric
Complainant: White Female, 43
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Rodriguez, Eric White Female, 43 Abuse of Authority: Threat to damage/seize property Unsubstantiated
Rodriguez, Eric White Female, 43 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Rodriguez, Eric White Female, 43 Abuse of Authority: Threat to notify ACS Substantiated (Command Discipline A)
Rodriguez, Eric White Female, 43 Abuse of Authority: Threat of arrest Unsubstantiated
Rodriguez, Eric White Female, 43 Force: Gun Pointed Unsubstantiated
Ku, Jonathan Abuse of Authority: Threat to notify ACS Substantiated (Command Discipline A)
Rodriguez, Eric White Female, 43 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalties

Ku, Jonathan
Command Discipline - A

Rodriguez, Eric
Command Discipline - A

Summary

On the evening of May 19, 2014, [redacted] called 911 with complaints about [redacted] the tenant living on the second floor of his property at 60-42 80th Avenue in Queens (encl. 26A-B). PO Eric Rodriguez and PO Jonathan Ku of the 104th Precinct responded to that location at 7:09 p.m. and spoke to [redacted] who asked them to evict [redacted] for non-payment of rent and other reasons. [redacted] was upstairs in her apartment when she heard PO Rodriguez in the hallway, demanding to be let in and yelling through the closed door that he was going to "gun down" [redacted]s dog, which was barking (Allegation A). He then added that he would "gun down" [redacted] herself (Allegation B). [redacted] opened her door to find PO Rodriguez pointing a gun at her head from across the threshold (Allegation C). [redacted]s [redacted]-old daughter [redacted] ran toward the door and PO Rodriguez said he would "gun her down" (Allegation D). PO Ku, who had been outside speaking to [redacted] joined PO Rodriguez at the apartment's front door. Both officers entered [redacted]s residence.
At some point, [redacted] left the scene to get help at the 104th Precinct stationhouse. She left her three young children in the care of her [redacted] old daughter, [redacted] and [redacted] old boyfriend, [redacted] Before [redacted] left the scene, PO Rodriguez had repeatedly threatened to arrest her and have the Administration for Children's Services (ACS) take her children away (Allegations E and F). He continued to make those statements before and after she returned to 60-42 80th Avenue. While [redacted] was at the stationhouse, PO Ku told [redacted] and [redacted] that he would call ACS if [redacted] did not come back to the scene (Allegation G). This was captured in a recording made by [redacted] (encl.10A). By 11:00 p.m., [redacted] and her children had been evicted from the property. Read report for details.


Details

Incident: May 19, 2014
Received: May 27, 2014
Closed: March 6, 2015

Reason for contact: Report-dispute
Location: Apartment/house
In NYPD 104th Precinct Queens
Outcome: No arrest made or summons issued