Complaint #201706078,
July 20, 2017

Officer: Pena, Francisco
Complainant: Hispanic Female, 31
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Pena, Francisco
Allegation: Abuse of Authority: Threat to notify ACS
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Healy, Christopher
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Healy, Christopher
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Exonerated
Officer: Gresko, Corey
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Pena, Francisco
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Pena, Francisco Hispanic Female, 31 Abuse of Authority: Refusal to provide name/shield number Substantiated (Command Lvl Instructions)
Pena, Francisco Abuse of Authority: Threat to notify ACS Substantiated (Command Lvl Instructions)
Healy, Christopher Abuse of Authority: Entry of Premises Unsubstantiated
Healy, Christopher Abuse of Authority: Search of Premises Exonerated
Gresko, Corey Abuse of Authority: Entry of Premises Unsubstantiated
Pena, Francisco Abuse of Authority: Entry of Premises 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

Pena, Francisco
Instructions

Summary

At approximately 8:30 a.m. on July 20, 2017, [redacted] returned to her apartment, which was located at [redacted] in Manhattan, from dropping off her son at school. [redacted] lived in the four-bedroom apartment with [redacted] the owner of the apartment, [redacted] her boyfriend, [redacted] her other roommate, and her three children, including her minor daughters [redacted] and [redacted]. [redacted] friend, [redacted] was visiting from Florida at the time. Although [redacted] and [redacted] were in a romantic relationship, they each had their own room within the apartment; therefore, [redacted] lived with her children in her bedroom while [redacted] lived by himself in the living room.
Upon entering the apartment, [redacted] saw four plainclothes officers, Detective Christopher Healy, Detective Christian Martinez, Detective Corey Gresko, and Detective Francisco Pena of the Warrant Squad, with [redacted] who was in handcuffs (Allegation A: Abuse of Authority, [redacted]) (Allegation B: Abuse of Authority, [redacted]) (Allegation C: Abuse of Authority, [redacted]). [redacted] asked the detectives what had happened. Detective Pena exited [redacted] s room and spoke with [redacted] in Spanish. [redacted] asked Detective Pena if the detectives had an order to enter the home. Detective Pena allegedly responded, "Do you want me to call ACS?" (Allegation D: Abuse of Authority, [redacted]). [redacted] asked Detective Pena twice for his name and he allegedly refused to provide it both times (Allegation E: Abuse of Authority, [redacted]).
At approximately 9:43 a.m., two unidentified uniformed officers briefly responded to a 911 call about the incident location (Board Review 01). Detective Pena later asked [redacted] why she called the police. [redacted] told Detective Pena she did not call the police. Detective Pena told [redacted] that he was going to call ACS once he verified who called 911 (within Allegation D: Abuse of Authority, [redacted]). To [redacted] knowledge, no call was placed to ACS by officers in... Read report for details.


Details

Incident: July 20, 2017
Received: July 26, 2017
Closed: June 27, 2018

Reason for contact: Execution of arrest/bench warrant
Location: Apartment/house
In NYPD 34th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Damion Brown, Christian Martinez