Complaint #201707130,
September 12, 2016

Summary

On September 12, 2016, at approximately 5:46 p.m., [redacted] the leaseholder of [redacted] in Manhattan, called 911 to report that [redacted] was violating an order of protection by being inside the apartment. Police Officer Sicelin Ortiz and Police Officer Daniel Shaw, of the 34th Precinct, responded to the location. After receiving consent from [redacted] PO Ortiz and PO Shaw entered the apartment (Allegations A and B: Abuse of Authority-Premises entered and/or searched, exonerated). [redacted] was subsequently arrested for violating an order of protection and while being handcuffed, [redacted] was placed against a wall and PO Ortiz allegedly kicked her left ankle (Allegation C: Force- Punched/kicked/kneed, unsubstantiated). [redacted] suffered ankle pain but never requested medical attention. She was then transported to the 34th Precinct stationhouse for processing. [redacted]'s husband, [redacted] was present inside the apartment during this incident.
On February 4, 2017, at approximately 8:14 p.m., [redacted] called 911 to report that [redacted] was inside of his apartment and violating the order of protection once again. Police Officer Marcos Gonzalez, Police Officer Patrick Duffy, Police Officer Vanessa Rivera, Police Officer Geoffrey Bartalsky, also of the 34th Precinct, and PO Ortiz and PO Shaw, responded to the location and entered the apartment to arrest [redacted] after [redacted] invited them inside. While inside the apartment, [redacted] gave the officers permission to force entry into [redacted] and [redacted]'s locked bedroom and PO Gonzalez, PO Duff, PO Ortiz, PO Shaw, and PO Bartalsky subsequently entered (Allegations D, E, F, G, H: Abuse of Authority- Premises entered and/or searched, substantiated) while PO Rivera waited outside (Allegation I: Abuse of Authority, Premises entered and/or searched, exonerated). Neither [redacted] nor [redacted] were inside the apartment and the officers left (38 Board Review). [redacted] Read report for details.