Complaint #201608716,
October 12, 2016

Officer: Nocera, Patrick
Complainant: Hispanic Male, 43
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Rodriguez, Melissa
Complainant: Hispanic Female, 39
Allegation: Abuse of Authority: Other
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Formalized Training)
Officer Complainant Allegation CCRB Board Conclusion
Nocera, Patrick Hispanic Male, 43 Discourtesy: Word Unsubstantiated
Rodriguez, Melissa Hispanic Female, 39 Abuse of Authority: Other Substantiated (Formalized Training)
CCRB Investigator Recommendation: Exonerated

Conclusion Meanings:

'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

Rodriguez, Melissa
Formalized Training

Summary

On October 12, 2016 at approximately 2:00 a.m., [redacted] was reportedly chopping vegetables in her kitchen with her friend, [redacted]. The handle of [redacted]'s knife broke unexpectedly, causing its blade to flip backwards and cut [redacted]'s hand. [redacted] immediately called 911 to report her injuries with the help of [redacted] and her [redacted]-old daughter, [redacted]. Shortly thereafter, two FDNY EMTS, [redacted] and [redacted] arrived outside [redacted]'s apartment. Two officers, PO Melissa Diaz and PO Patrick Nocera of the 114th Precinct, also responded to the scene.
[redacted] and [redacted] met the EMTs and the officers outside. PO Diaz allegedly became frustrated with [redacted]'s indecisiveness regarding whether she would go to the hospital and threatened to handcuff her, stating "If you don't listen to the EMTs, I'm gonna cuff you up" (Allegation A). While [redacted] spoke with PO Diaz and the EMTS, [redacted] spoke with PO Nocera outside the ambulance. After [redacted] tried to explain the situation to PO Nocera, PO Nocera allegedly told him to "Shut the fuck up" (Allegation B). Ultimately, [redacted] refused medical attention at the scene and the officers left. However, as the EMTs were driving away, [redacted] flagged down their ambulance and asked them to take her to the hospital. [redacted] was ultimately treated at [redacted]. Neither [redacted] nor [redacted] were arrested or issued a summons as a result of this incident. Read report for details.


Details

Incident: October 12, 2016
Received: October 17, 2016
Closed: April 18, 2017

Reason for contact: Aided case
Location: Apartment/house
In NYPD 114th Precinct Queens
Outcome: No arrest made or summons issued