Complaint #201703145,
April 24, 2017

Officer: Roque, Andy
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Roque, Andy
Complainant: Black Female, 46
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Roque, Andy Abuse of Authority: Premises entered and/or searched Substantiated (Formalized Training)
Roque, Andy Black Female, 46 Abuse of Authority: Threat of arrest 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.


Penalty

Roque, Andy
Formalized Training

Summary

Prior to the incident, [redacted] had lived at [redacted] in the Bronx along with her son, [redacted] and her son's girlfriend, [redacted] Several days before the incident, [redacted] had gotten into a dispute with [redacted] prompting them to move out of the apartment. After they left, [redacted] had the locks in the apartment changed to prevent them from re-entering the apartment. [redacted] had left several belongings in the apartment when she departed.
At approximately 2:11 p.m. on April 24, 2017, [redacted] returned to the apartment and attempted to retrieve her property. PO Andy Roque, PO Marleny Estevez and PO Ronnie Garcia of the 46th Precinct were with her at the time. [redacted] and the officers knocked on [redacted]'s door, but [redacted] ignored them and made no response. A few minutes later, PO Roque climbed onto the building's fire escape and entered the apartment through an open window (Allegation A). Seeing [redacted] inside, PO Roque asked, "Didn't you hear us knocking on your door? I'll lock you up for not opening your door" (Allegation B). PO Roque then opened the apartment's front door, admitting [redacted] PO Estevez and PO Garcia also entered at that time. After [redacted] retrieved her belongings, she and the officers left the apartment. [redacted] was not arrested or issued a summons.
The CCRB found evidence that PO Estevez provided false official statements regarding this incident (Allegation C). On 7/28/17, IAB log # 2017-28656 was generated via CCRB case number 201705840 to address the CCRB's finding.
An attorney was consulted regarding allegations in this case. Read report for details.


Details

Incident: April 24, 2017
Closed: October 19, 2017

Reason for contact: Other
Location: Apartment/house
In NYPD 46th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Marleny Estevez, Ronnie Garcia