Complaint #201407803,
July 24, 2014

Officer: Unknown Officer
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Unavailable
Officer: Unknown Officer
Complainant: Black Female, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Fernandez, Joseph
Complainant: Black Female, 49
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Fernandez, Joseph
Complainant: Black Female, 49
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Remy, Jeanbern
Complainant: Black Female, 49
Allegation: Offensive Language: Other
CCRB Conclusion: Unsubstantiated
Officer: Gillespie, Sean
Complainant: Male, 30
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Unavailable
Officer: Unknown Officer
Complainant: Black Female, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Remy, Jeanbern
Complainant: Black Female, 49
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Female, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Female, 45-49
Allegation: Offensive Language: Other
CCRB Conclusion: Officer(s) Unidentified
Officer: Remy, Jeanbern
Complainant: Female
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Remy, Jeanbern
Complainant: Female
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Force: Chokehold
CCRB Conclusion: Officer(s) Unidentified
Officer: Fernandez, Joseph
Complainant: Black Female, 49
Allegation: Abuse of Authority: Refusal to show search warrant
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Abuse of Authority: Premises entered and/or searched Exonerated
Unknown Officer Male, 30-34 Force: Physical force Alleged Victim Unavailable
Unknown Officer Black Female, 45-49 Force: Physical force Exonerated
Fernandez, Joseph Black Female, 49 Discourtesy: Word Substantiated (Command Discipline A)
Fernandez, Joseph Black Female, 49 Abuse of Authority: Threat of arrest Substantiated (Command Discipline A)
Remy, Jeanbern Black Female, 49 Offensive Language: Other Unsubstantiated
Gillespie, Sean Male, 30 Force: Physical force Alleged Victim Unavailable
Unknown Officer Black Female, 45-49 Discourtesy: Word Unfounded
Remy, Jeanbern Black Female, 49 Discourtesy: Word Unsubstantiated
Unknown Officer Black Female, 45-49 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Black Female, 45-49 Offensive Language: Other Officer(s) Unidentified
Remy, Jeanbern Female Abuse of Authority: Threat of arrest Unsubstantiated
Remy, Jeanbern Female Discourtesy: Word Unsubstantiated
Unknown Officer Black Male, 21-24 Force: Chokehold Officer(s) Unidentified
Fernandez, Joseph Black Female, 49 Abuse of Authority: Refusal to show search warrant Unsubstantiated

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalty

Fernandez, Joseph
Command Discipline - A

Summary

On July 27, 2014 at approximately 7 a.m., officers executed a search warrant at [redacted] in Brooklyn. Officers entered the apartment (Allegation A), and attempted to apprehend [redacted] The officers, including PO Sean Gillespie, allegedly used force to remove him from underneath a blanket (Allegations B and C). Officers were executing two search warrants in the immediate area, one at [redacted] and the other at [redacted] [redacted] the daughter of [redacted] who resides at [redacted] arrived on scene and approached the officers who by that point were in front of [redacted] [redacted] began speaking with Det. Gabriel Nacelewicz of Narcotics Borough Brooklyn North, who was in the driver's seat of the prisoner van. [redacted] Is nephew, began recording video with his cell phone while they were speaking. Shortly thereafter, Det. Nacelewicz rolled up his window and radioed for backup. Four officers then appeared, one of whom was captured on the video and identified as Det. Joseph Fernandez. [redacted] and Det. Fernandez discussed the warrant, during which time Det. Fernandez allegedly refused to provide a copy of the warrant (Allegation D), directed profanity at her (Allegation E) and threatened to arrest her (Allegation F). The conversation continued, until an unidentified officer allegedly instructed her to "get the fuck out of the street" (Allegation G), but [redacted] refused to move.
An unidentified officer allegedly told [redacted] who was standing next to her and still recording the incident, to "fucking move" her (within Allegation G). [redacted] responded that he could not make her move, and at that point, multiple officers used force in order to place them under arrest (Allegation H). [redacted] alleged that three white officers grabbed her arms and threw her to the ground, and then unknown officers stood her up then placed her in handcuffs. Simultaneous to [redacted] Is arrest, officers arrested [redacted] An unknown officer allegedly jumped onto [redacted] Is back and put his arm around his neck... Read report for details.


Details

Incident: July 24, 2014
Received: July 31, 2014
Closed: August 31, 2015

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Apartment/house
In NYPD 75th Precinct Brooklyn
Outcome: Arrest - OGA

Witness Officers: Charles Ingrassia, Gabriel Nacelewicz
Video evidence collected