Complaint #201601077,
January 30, 2016

Officer: Fernandez, Joseph
Complainant: Male, 46
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Exonerated
Officer: Fernandez, Joseph
Complainant: Male, 46
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Fernandez, Joseph
Complainant: Male, 46
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Fernandez, Joseph Male, 46 Force: Nonlethal restraining device Exonerated
Fernandez, Joseph Male, 46 Force: Physical force Substantiated (Command Discipline B)
Fernandez, Joseph Male, 46 Force: Nonlethal restraining device Unsubstantiated

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.
'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

Fernandez, Joseph
Command Discipline - B

Summary

On January 30, 2016, at 12:30 a.m., [redacted] called 911 to report that his friend and co-resident at [redacted] was in the basement of that location banging on walls, violent, and needed to take his medication (BR 02). Multiple officers from the 105th Precinct responded to the scene in roughly the following order: Sectors E and F, identified by the investigation as PO Jonathan Venetucci and PO Dennis Jackson; Sectors A and B, identified by the investigation as PO Jacqueline Adelson and PO Joseph Fernandez; Sectors C and D, identified by the investigation as PO Todd Ello and PO Michael Didyk; and Sectors G and H, identified by the investigation as PO Vick Ramjaiwan and PO Pete Hamilton, and Sector I, identified by the investigation as PO Kelly Troiano and PO Annmarie Haines. Two FDNY EMTs, identified by the investigation as [redacted] and [redacted] also responded. [redacted] was forcibly removed to [redacted] for psychiatric evaluation, and an AIDED report was completed for him (BR 03 and BR 04).
IAB obtained video footage from [redacted] in Queens, which they in turn provided to the CCRB on March 16, 2016. There are two video files, both of which are black and white and both of which lack audio. One angle faces towards the rear of [redacted], and captures the northwest side of [redacted], including the entrance to the basement. The second faces southeast on [redacted] towards its intersection with [redacted] and depicts the front yard of the location.
The first video angle (BR 05) depicts [redacted] exit the basement of [redacted] and push an officer, identified by the investigation as PO Ramjaiwan. [redacted] then runs from the side of [redacted] towards its front yard, pursued first by PO Fernandez, then by PO Ramjaiwan, who is in turn followed by a number of other officers. Although this is not clearly discernible on the video footage, PO Fernandez discharged his taser at [redacted] (Allegation A). According to officers, the taser failed to shock [redacted] as the prongs did not penetrate his... Read report for details.


Details

Incident: January 30, 2016
Received: February 8, 2016
Closed: May 24, 2016

Reason for contact: EDP aided case
Location: Apartment/house
In NYPD 105th Precinct Queens
Outcome: No arrest made or summons issued

Witness Officers: Jacqueline Adelson, Michael Didyk, Todd Ello, Annmarie Haines, Pete Hamilton, Dennis Jackson, Vick Ramjaiwan, Kelly Troiano, Jonathan Venetucci
Video evidence collected