Complaint #201410337,
September 19, 2014

Officer: Gresko, Corey
Complainant: Black Female, 39
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Dardzinski, Kevin
Complainant: Black Female, 39
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Pena, Francisco
Complainant: Black Female, 39
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Pena, Francisco
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Charges)
Officer: Pena, Francisco
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Gresko, Corey Black Female, 39 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Dardzinski, Kevin Black Female, 39 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Pena, Francisco Black Female, 39 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Pena, Francisco Abuse of Authority: Premises entered and/or searched Substantiated (Charges)
Pena, Francisco Abuse of Authority: Gun Drawn 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.


Penalty

Pena, Francisco
Forfeit vacation 5 days
Closed: Resolved by plea, October 21, 2016
APU Guilty
Forfeit vacation 5 days

Summary

As per [redacted] on September 19, 2014, at approximately 9:40 a.m., officers rang her doorbell at [redacted]. Through the door, the officers stated that they were looking for [redacted] on a warrant. She informed them that the [redacted] she knew did not have that last name or a warrant. The officers banged on the door and requested that they be let in, but she refused. After 15 minutes, an officer instructed her to lie on the floor, still speaking through the door. Fearing that she could be shot, she moved to the kitchen and sat in a chair. After 40 minutes to an hour, the officers were able to break-in, kicking the door and using an instrument to pry it open. Det. Francisco Pena, the lead officer on the case, entered into the apartment, followed by Det. Corey Gresko and Det. Kevin Dardzinski (Allegation A). Upon entry, Det. Pena allegedly had his gun drawn (Allegation B). Addressing the officers generally, [redacted] asked for their names and shield numbers. Det. Dardzinski allegedly provided a fake name, stating he was "Officer Smith," while the other two did not respond (Allegations C, D, and E). Det. Pena and Det. Gresko searched the apartment, including inside a dresser too small to hold a person, while Det. Dardzinski waited in the living room. After 20 minutes, the officers could not locate [redacted] and exited (encl. 12b-12c). Read report for details.


Details

Incident: September 19, 2014
Received: October 8, 2014
Closed: June 25, 2015

Reason for contact: Execution of search warrant
Location: Apartment/house
In NYPD 30th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: John Albertelli, John Hawthorne, Matthew Murphy