Complaint #201604373,
May 3, 2016

Officer: Rodriguez, Gilberto
Complainant: Black Female, 28
Allegation: Force: Chokehold
CCRB Conclusion: Unfounded
Officer: Alvarez, Lewellyn
Complainant: Black Female, 28
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Alvarez, Lewellyn
Complainant: Black Female, 28
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Alvarez, Lewellyn
Complainant: Black Female, 28
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Osullivan, Dennis
Complainant: Black Female, 28
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Welsome, Robert
Complainant: Black Female, 28
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Alvarez, Lewellyn
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Rodriguez, Gilberto
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Rodriguez, Gilberto Black Female, 28 Force: Chokehold Unfounded
Alvarez, Lewellyn Black Female, 28 Force: Physical force Unfounded
Alvarez, Lewellyn Black Female, 28 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Formalized Training)
Alvarez, Lewellyn Black Female, 28 Discourtesy: Word Substantiated (Formalized Training)
Osullivan, Dennis Black Female, 28 Force: Physical force Exonerated
Welsome, Robert Black Female, 28 Force: Physical force Exonerated
Alvarez, Lewellyn Abuse of Authority: Premises entered and/or searched Exonerated
Rodriguez, Gilberto 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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Penalty

Alvarez, Lewellyn
Instructions

Summary

On May 3, 2016, [redacted] was staying at a homeless shelter [redacted] in the Bronx. She was staying in [redacted] with her son, [redacted] had been born about a week earlier. Since [redacted] had delivered [redacted] via C-section, she had a scar running across her abdomen. Nobody else was in her hotel room.
At approximately 9:00 p.m., two Administration for Children's Services (ACS) employees, [redacted] and [redacted] traveled to the hotel to effect an emergency removal of [redacted] from [redacted] care. When they arrived, they requested assistance from the Police Department to effect the removal. PO Lewellyn Alvarez and PO Gilberto Rodriguez from the 42nd Precinct responded to the location. The officers escorted [redacted] and [redacted] along with two employees from the shelter, [redacted] and [redacted] up to [redacted] The officers knocked on the door, but [redacted] did not answer. [redacted] then used his key card to open the door and admit the two officers (Allegations A and B). At the time, [redacted] was standing by her bed, holding [redacted] in her left arm.
Immediately upon entering the room, PO Alvarez and PO Rodriguez grabbed [redacted] PO Alvarez pulled her right arm behind her back and pushed her down onto her bed. He held her down on her left side, where she was holding [redacted] (Allegation C). PO Rodriguez placed his right forearm over [redacted] neck (Allegation D). This action did not restrict breathing in any way. [redacted] was positioned underneath her body at the time. After an unknown amount of the time, the two officers released her from their grip. The two officers then began to search [redacted] hotel room. When [redacted] asked PO Alvarez why he was searching the room, he replied, "You don't have shit" (Allegation E). He also told her, "If you didn't have the baby in your arms, I would have knocked your teeth out" (Allegation F).
Afterwards, several additional individuals arrived at the location. Four additional officers arrived: a patrol supervisor, Sgt. Saul Jeune; his... Read report for details.


Details

Incident: May 3, 2016
Received: May 19, 2016
Closed: February 6, 2017

Reason for contact: Assist ACS or other agency
Location: Commercial building
In NYPD 42nd Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Robert Dipaola, Saul Jeune
Video evidence collected