Complaint #201701267,
February 10, 2017

Officer: Durst, Robert
Complainant: Hispanic Female, 17
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Charges)
Officer: Jusino, Nicholas
Complainant: Male, 25
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Santana, Yoryi
Complainant: Male, 25
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Jusino, Nicholas
Complainant: Hispanic Male, 22
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unsubstantiated
Officer: Santana, Yoryi
Complainant: Hispanic Male, 22
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unsubstantiated
Officer: Santana, Yoryi
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unsubstantiated
Officer: Jusino, Nicholas
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Durst, Robert Hispanic Female, 17 Force: Nonlethal restraining device Substantiated (Charges)
Jusino, Nicholas Male, 25 Abuse of Authority: Interference with recording Substantiated (Command Discipline B)
Santana, Yoryi Male, 25 Abuse of Authority: Interference with recording Substantiated (Command Discipline B)
Jusino, Nicholas Hispanic Male, 22 Abuse of Authority: Interference with recording Unsubstantiated
Santana, Yoryi Hispanic Male, 22 Abuse of Authority: Interference with recording Unsubstantiated
Santana, Yoryi Hispanic Male, 29 Abuse of Authority: Interference with recording Unsubstantiated
Jusino, Nicholas Hispanic Male, 29 Abuse of Authority: Interference with recording Unsubstantiated

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.


Penalties

Durst, Robert
Forfeit vacation 25 days
Closed: Resolved by plea, May 13, 2020
APU Guilty
Forfeit vacation 15 days

Jusino, Nicholas
Command Discipline - B

Santana, Yoryi
Command Discipline - B

Summary

On February 10, 2017, at approximately 10:00 p.m. PO Taralena Gerrato and PO Gloria Cevallos, both of the 47th Precinct, responded to a call of an infant who had trouble breathing on the [redacted] floor of [redacted] in the Bronx. While they were addressing that call with EMT [redacted] and EMT [redacted], EMT [redacted] and EMT [redacted], PO Gerrato and PO Cevallos were called to the fourth floor by a resident of the building, who stated that there were people fighting there.
When PO Gerrato and PO Cevallos arrived on the [redacted] floor of the building, they saw at least two male individuals engaged in a dispute on the floor. Also present on the floor were [redacted] and her sister [redacted]. PO Gerrato called for an additional unit to assist with the situation on the fourth floor. Over 30 additional officers arrived, including PO Nestor Allende, PO Manuel Paulino, PO Michael Coiro, PO Brian Hanlon, PO Yoryi Santana and Sgt. Robert Durst, all of the 47th Precinct.
Sgt. Durst discussed what occurred with PO Gerrato. PO Gerrato told him that [redacted] had attacked her, and Sgt. Durst made the decision at that point to place her under arrest. He moved in to place [redacted] in handcuffs, as did his partner PO Hanlon, PO Allende, PO Coiro, and PO Paulino. When they did so, [redacted] stated several times that she was pregnant.
Approximately 25 seconds after initiating physical contact with [redacted], Sgt. Durst discharged a Taser once into her side (Allegation A: Force- Substantiated). As [redacted] was being taken into custody, her neighbors [redacted] and [redacted] were allegedly recording the incident on their cell phones. Neighbor [redacted] was also present.
Shortly after the Taser was discharged into [redacted]'s side, Lt. Anand Bhoj and PO Nicholas Jusino, both of the 47th Precinct, arrived on scene. PO Jusino and PO Santana then shined their flashlights into [redacted]'s cell phone, interfering with the recording (Allegations B and C: Abuse of Authority- [redacted]) and allegedly shined their... Read report for details.


Details

Incident: February 10, 2017
Received: February 17, 2017
Closed: June 27, 2018
Last Updated: April 23, 2025

Reason for contact: Report-dispute
Location: Residential building
In NYPD 47th Precinct Bronx
Outcome: Arrest - resisting arrest

Witness Officers: Nestor Allende, Reuben Antwi, Lennin Badia, Stanley Baez, Anand Bhoj, Laura Carcamo, Gloria Cevallos, Alex Chen, Michael Coiro, Emmanuel Deleon, Nicolas Dominguez, Matthew Escudero, Mark Fleming, Victor Genao, Taralena Gerrato, Anton Gjeloshi, Brian Hanlon, Ryan Jones, Seville Legrand, Gelvis Loraespinal, Lanser Montilla, Manuel Paulino, Rafael Rispoli, Jeremy Scheublin, Douglas Soriano, Darryn Thompson, Joshua Valdez, Laura Varisco, Rafael Vasquez, Justin Venezia, Fatmir Vucetovic
Video evidence collected