Complaint #201510134,
November 28, 2015

Officer: Pena, Janson
Complainant: Black Female, 48
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Exonerated
Officer: Mckoy, Ralston
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Pena, Janson
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Pena, Janson Black Female, 48 Abuse of Authority: Property damaged Exonerated
Mckoy, Ralston Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline B)
Pena, Janson Abuse of Authority: Premises entered and/or searched Exonerated

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

Further details on conclusions.


Penalty

Mckoy, Ralston
No Disciplinary Action-DUP
No penalty

Summary

On November 28, 2015, at approximately 1:30 p.m., [redacted] was walking into his home at [redacted] in Queens (Board Review 13). At this time, Police Officers Janson Pena and Joseph Ferrari of the 113th Precinct were canvassing the street with [redacted] who stated that he had confronted [redacted] a few minute before, when [redacted] stole a mobile phone from his son, [redacted]. The officers identified [redacted] as the robbery suspect and drove in his direction as [redacted] continued into his home.
The officers parked in front of the home and Police Officer Pena proceeded into the backyard of the property (Allegation A). While in the backyard, a Pit Bull belonging to [redacted] moved towards Police Officer Pena, who discharged one [redacted] from his firearm, resulting in the death of the dog (Allegation B). Sergeant Ralston McKoy of the 113th Precinct arrived shortly thereafter and discussed the circumstances of the pursuit with Police Officer Ferrari. [redacted] and his family refused to exit their home upon request and Sgt. McKoy called ESU to the scene to enter the premises and place [redacted] in custody. ESU entered the location, located [redacted], and brought him outside in handcuffs (Allegation C). [redacted] was charged with [redacted]. Read report for details.


Details

Incident: November 28, 2015
Received: November 30, 2015
Closed: July 26, 2016

Reason for contact: Report of other crime
Location: Apartment/house
In NYPD 113th Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: Joseph Ferrari