| Officer: | Fermin, Carlos |
|---|---|
| Complainant: | Black Male, 30 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Fermin, Carlos | Black Male, 30 | Force: Physical force | Substantiated (Command Discipline A) |
Further details on conclusions.
On October 12, 2014, at approximately 12: 20 am, PO Linhong Li arrested [redacted] for smoking a cigarette on the mezzanine of the 125th street subway station in Manhattan. [redacted] admitted that he finished drinking a pitcher of beer approximately twenty minutes before his arrest, but stated that the alcohol had not affected his senses. As a transit recidivist, [redacted] was arrested for [redacted] and taken to the Transit District 3 stationhouse. Upon lodging him in a cell, PO Li requested [redacted] to remove and surrender his belt and shoe laces. [redacted] refused to do so. PO Li then requested the assistance of PO Carlos Fermin, who was on duty and present at the stationhouse. PO Fermin and PO Li went to the cell, at which time PO Fermin instructed [redacted] to remove his belt and shoe laces. [redacted] again refused to do so, and retreated to the rear right corner of the cell, with his arms raised and fists closed. PO Fermin approached [redacted] and stated: "...it doesn't have to be like this, these are the rules of the house, you don't want to be handcuffed to the railings looking like Jesus Christ." When PO Fermin stood approximately two to three feet away from [redacted], [redacted] attempted to punch PO Fermin. PO Fermin blocked the punch and then directed one punch at [redacted] making contact with his head or face (Allegation A). PO Fermin grabbed [redacted] and pushed him against the wall. [redacted] fell down to the bench, and then slid onto the floor, his back making contact with the floor. [redacted] was taken to [redacted] where he was diagnosed with a fractured jaw and a fractured nose. PO Fermin sustained an abrasion to his knuckles. [redacted] did not have a recollection of what transpired while he was in the stationhouse cell, and could not specify exactly why or when he lost his memory. [redacted] was charged [redacted]. However, the charge was later dismissed (encl. C6-C13, CCRB complaint and verified statement; encl. D1-D9, PO Fermin's memo book, aided report, and CCRB testimony;... Read report for details.