Complaint #201706380,
July 16, 2017

Officer: Marcial, Kevin
Complainant: Black Female, 58
Allegation: Abuse of Authority: Other
CCRB Conclusion: Exonerated
Officer: Marcial, Kevin
Complainant: Black Female, 58
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Marcial, Kevin
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Officer: Marcial, Kevin
Complainant: Black Female, 58
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Nadle, Lauren
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Miscellaneous - Subject Terminated
Officer: Nadle, Lauren
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Miscellaneous - Subject Terminated
Officer: Marcial, Kevin
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Officer: Marcial, Kevin
Complainant: Black Female, 58
Allegation: Offensive Language: Other
CCRB Conclusion: Unsubstantiated
Officer: Marcial, Kevin
Complainant: Black Female, 58
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Marcial, Kevin Black Female, 58 Abuse of Authority: Other Exonerated
Marcial, Kevin Black Female, 58 Abuse of Authority: Threat of arrest Unsubstantiated
Marcial, Kevin Abuse of Authority: Premises entered and/or searched Unsubstantiated
Marcial, Kevin Black Female, 58 Force: Physical force Unsubstantiated
Nadle, Lauren Abuse of Authority: Premises entered and/or searched Miscellaneous - Subject Terminated
Nadle, Lauren Abuse of Authority: Premises entered and/or searched Miscellaneous - Subject Terminated
Marcial, Kevin Abuse of Authority: Premises entered and/or searched Unsubstantiated
Marcial, Kevin Black Female, 58 Offensive Language: Other Unsubstantiated
Marcial, Kevin Black Female, 58 Abuse of Authority: Threat to damage/seize property 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.
'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.


Summary

On July 16, 2017, [redacted] was in her apartment located at [redacted] in Queens. Prior to the date of this incident, [redacted] had told her children, [redacted] and [redacted] that they could no longer stay in her apartment. [redacted] came to the apartment in the morning on July 16, 2017, to obtain his belongings, but [redacted] refused to let him into the apartment unless he was escorted by officers. At approximately 11:53 a.m., [redacted] heard a knock at the door while she was in the shower. [redacted] exited the shower and asked who was at the door. PO Kevin Marcial stated, "If she's not going to open the door, we're going to break it down," (Allegation A: Abuse of Authority, [redacted]). [redacted] opened the door and PO Marcial pushed the door and entered the apartment, along with his partner PO Lauren Nadle (Allegation B: Abuse of Authority, [redacted] Allegation C: Abuse of Authority, [redacted]). [redacted] asked PO Marcial if she was under arrest. PO Marcial responded, "You'll be soon," (Allegation D: Abuse of Authority, [redacted]). PO Marcial stated to [redacted] "You're a crazy woman. You're talking to yourself. You're acting all crazy. You're going to the psych ward," (Allegation E: Offensive Language, [redacted] Allegation F: Abuse of Authority, [redacted]). PO Marcial grabbed [redacted]s hands, and after a brief struggle, stepped on [redacted]s stomach (Allegation G: Force, [redacted]). PO Nadle, along with responding officers PO Terrence Sloan, and PO John Ramalho placed [redacted] in handcuffs inside her bedroom. PO Marcial and PO Nadle searched [redacted]s room for medications (Allegations H and I: Abuse of Authority, [redacted]). [redacted] was transported to [redacted]. Read report for details.


Details

Incident: July 16, 2017
Received: August 7, 2017
Closed: April 4, 2018

Reason for contact: EDP aided case
Location: Residential building
In NYPD 101st Precinct Queens
Outcome: No arrest made or summons issued

Witness Officers: Dominic Alongi, Joseph Ferrigno, Robert Nagle, John Ramalho, Terrence Sloan, Michael Stark