Complaint #201800452,
January 16, 2018

Officer: Unknown Officer
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Female, 30-34
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Officer(s) Unidentified
Officer: Rowley, Martin
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Potkay, John
Complainant: Hispanic Female, 31
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Potkay, John
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Herrarte, Kenneth
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Exonerated
Officer: Menazapata, Dianny
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Female, 30-34
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Abuse of Authority: Search of Premises Officer(s) Unidentified
Unknown Officer Hispanic Female, 30-34 Abuse of Authority: Threat to damage/seize property Officer(s) Unidentified
Rowley, Martin Abuse of Authority: Entry of Premises Exonerated
Potkay, John Hispanic Female, 31 Abuse of Authority: Forcible Removal to Hospital Exonerated
Potkay, John Abuse of Authority: Entry of Premises Exonerated
Herrarte, Kenneth Abuse of Authority: Search of Premises Exonerated
Menazapata, Dianny Abuse of Authority: Entry of Premises Exonerated
Unknown Officer Hispanic Female, 30-34 Abuse of Authority: Property damaged Officer(s) Unidentified

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct

Further details on conclusions.


Summary

At approximately 5:25 p.m. on January 16, 2018, [redacted] was in her apartment at [redacted] with her [redacted]-old daughter [redacted] and her [redacted]-old daughter [redacted] A neighbor, who wished to remain anonymous both to the NYPD and the CCRB, called 911 to report that he heard screaming in [redacted] and it sounded like someone was being hit. Martin Rowley and PO Dianny Menazapata, both of PSA 4, arrived, and allegedly entered [redacted] Is apartment (Allegation A: Abuse of Authority, [redacted] ; Allegation B: Abuse of Authority, [redacted]1). Additional officers arrived from PSA 4, including Lt. Kenneth Herrarte, who removed the peephole (Allegation C: Abuse of Authority, [redacted]) opened a closet door so that it blocked the officers' view of the interior of the apartment from the hallway, and officers put their asps through the peephole to move the closet door out of the way, damaging the closet door (Allegation D: Abuse of Authority, [redacted]). Officers spoke to the caller in his apartment, [redacted]. PO Cpt. John Potkay of PSA 4 (who since has been promoted to the rank of Deputy Inspector), arrived, along with ESU and EMS. Cpt. Potkay instructed ESU to enter the apartment (Allegation E: Abuse of Authority, [redacted]). Cpt. Potkay decided to remove [redacted] to the hospital for evaluation (Allegation F: Abuse of Authority, [redacted] returned home after being released from the hospital, and alleged that her apartment had been searched in her absence (Allegation G: Abuse of Authority, [redacted]). At approximately 3:30 a.m. on January 17, 2018, the Administration for Children's Services (ACS) arrived and called the police. An officer threatened to have ESU take [redacted] Is door down again if she did not open the door (Allegation H: Abuse of Authority, [redacted]). [redacted] did not open the door and eventually the officers left. Read report for details.


Details

Incident: January 16, 2018
Received: January 18, 2018
Closed: March 12, 2019

Reason for contact: Report-domestic dispute
Location: NYCHA
In NYPD 7th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: David Fargnoli, Michael Geraldi, Michael Granahan, Kuanhong Lin, Ricardo Montilla
Video evidence collected