Complaint #201709495,
November 7, 2017

Officer: Shimshi, David
Complainant: White Female, 60
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Shimshi, David
Complainant: White Female, 60
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Delacruz, Jesus
Complainant: White Female, 60
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Balcacer, Randy
Complainant: White Female, 60
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Shimshi, David White Female, 60 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Shimshi, David White Female, 60 Abuse of Authority: Forcible Removal to Hospital Substantiated (Formalized Training)
Delacruz, Jesus White Female, 60 Abuse of Authority: Forcible Removal to Hospital Substantiated (Formalized Training)
Balcacer, Randy White Female, 60 Abuse of Authority: Stop Exonerated

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.


Penalties

Shimshi, David
No Disciplinary Action-DUP
No penalty

Delacruz, Jesus
No Disciplinary Action-DUP
No penalty

Summary

On November 7, 2017, at 9:00 a.m., [redacted] went to vote at her polling place at 270 West 70th Street in Manhattan. [redacted] wrote the names of judicial nominees on a piece of paper. [redacted] a voting coordinator, told [redacted] that she was not permitted to remove voting material from the poll site. PO Randy Balcacer of Transit Bureau District 12 was assigned to security at the poll site. PO Balcacer placed [redacted] in handcuffs and called for a supervisor to come to the location (Allegation A – Abuse of Authority: [redacted] Sgt. David Shimshi and Sgt. Jesus Delacruz of the 20th Precinct responded to the location. Sgt. Shimshi and Sgt. Delacruz determined that [redacted] should be removed to the hospital as an Emotionally Disturbed Person (Allegations B and C – Abuse of Authority: [redacted]). An ambulance arrived and [redacted] was placed inside. While inside the ambulance, [redacted] removed one of her hands from the handcuffs. Sgt. Shimshi placed [redacted] her hand back into the handcuffs. While doing this, Sgt. Shimshi allegedly told [redacted] "I'll break your arm if I have to." (Allegation D – Abuse of Authority: [redacted]) [redacted] was transported to [redacted] Hospital and was discharged after an evaluation. She was not treated for any physical injuries. Read report for details.


Details

Incident: November 7, 2017
Received: November 13, 2017
Closed: October 3, 2018

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Public space/building
In NYPD 20th Precinct Manhattan
Outcome: No arrest made or summons issued