Complaint #201510615,
December 10, 2015

Summary

On December 10, 2015, at approximately 9:15 p.m., [redacted] was shopping at TJMaxx store at 961 East 174th Street in the Bronx. While shopping, [redacted] was having a phone conversation using his earpiece [BR 02]. A petit larceny had occurred at the store, and PO Lewellyn Alvarez, PO Victor Pena, Det. David Terrell and PO Ginina Diaz of the 42nd Precinct together with two other officers responded to the scene. The security guard of the store, [redacted] moved [redacted] shopping cart to clear the way for the officers as they were headed towards the back [BR 02]. Although it is undisputed Det. Terrell and [redacted] had a conversation after that, the initial circumstances of the exchange are in question. [redacted] alleged that he asked the security guard why he moved his shopping cart and at that moment Det. Terrell was passing by [redacted] and asked him who he was talking to [BR 02]. According to Det. Terrell, [redacted] indicated to him that [redacted] might have been assisting the perpetrators, thus Det. Terrell approached [redacted] [BR 11]. [redacted] and Det. Terrell had a back and forth exchange during which Det. Terrell allegedly said, "If you keep talking, I'm going to punch you in the face," to [redacted] [BR 02] (Allegation A). Then Det. Terrell directed [redacted] to step outside the store, where [redacted] called 911 to file a complaint against Det. Terrell and was transferred to IAB. In approximately 20 minutes, Det. Terrell went outside and instructed [redacted] to go back in the store. Det. Terrell and PO Diaz then left the scene and [redacted] completed his purchase. PO Alvarez and PO Pena remained in the store to execute the arrest. Read report for details.