| Officer: | Dejesussmith, Steven |
|---|---|
| Complainant: | Black Female, 51 |
| Allegation: | Abuse of Authority: Refusal to provide name/shield number |
| CCRB Conclusion: | Substantiated (Command Discipline A) |
| Officer: | Dejesussmith, Steven |
| Allegation: | Abuse of Authority: Premises entered and/or searched |
| CCRB Conclusion: | Exonerated |
| Officer: | Byrd, Justice |
| Allegation: | Abuse of Authority: Premises entered and/or searched |
| CCRB Conclusion: | Exonerated |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Dejesussmith, Steven | Black Female, 51 | Abuse of Authority: Refusal to provide name/shield number | Substantiated (Command Discipline A) |
| Dejesussmith, Steven | Abuse of Authority: Premises entered and/or searched | Exonerated | |
| Byrd, Justice | Abuse of Authority: Premises entered and/or searched | Exonerated |
Further details on conclusions.
Earlier on May 23rd, [redacted] was in her home on the [redacted]. [redacted] is the homeowner of a two-family residence. She rents out the basement to a male tenant named [redacted]. [redacted]'s daughter, [redacted] was also home at the time, along with [redacted]'s friend, [redacted] who had slept over the previous night.
Around 5:30PM, [redacted] was alerted by [redacted] that two officers approached him as he sat on the front porch, smoking a cigarette. The officers explained that they had received a 911 call coming from inside the house, and asked [redacted] who he was and if he lived at the residence. [redacted] alarmed, asked the younger [redacted] and [redacted] if either of them had called 911, and both young women denied having done so. Startled by the presence of police at her home, [redacted] decided to go downstairs and speak with the officers.
When [redacted] descended the stairs, followed by [redacted] and [redacted] she found PO Steven Dejesus-Smith and PO Gary Byrd of the 42nd Precinct standing inside the vestibule, just a few feet away from her (Allegations A and B). [redacted] had not given the officers permission to enter and did not believe that [redacted] had, either.
[redacted] asked the officers why they were in her house, and they explained that they received a 911 call from inside the house. They refused to elaborate further. [redacted] informed them that no one in the house had called 911, but the officers insisted that they did receive such a call. [redacted] told them that they had no right to be in her house without a warrant, and repeatedly asked the officers to leave. PO Dejesus-Smith refused to leave, instead asking if the officers could enter [redacted]'s apartment. [redacted] refused to allow them to, and asked again for the officers to leave. PO Byrd turned around, apparently complying, but PO Dejesus-Smith turned him around and said, "We're staying".
[redacted] then asked both officers for their names and their shield numbers. PO Byrd readily provided his verbally, and...
Read report for details.