Complaint #201801292,
December 5, 2017

Officer: Cruz, Janette
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Leon, Ruben
Complainant: Hispanic Male, 69
Allegation: Force: Gun fired
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Cruz, Janette Abuse of Authority: Entry of Premises Exonerated
Leon, Ruben Hispanic Male, 69 Force: Gun fired 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 December 5, 2017, at approximately 4:00 AM, Sergeant Donald Abrams, Detective Lenno Hendricks, Detective Michael Gannon, Detective Robert Cruz, Detective Patrick Barry, Detective Terry Avent, and Detective Matthew Vahey, all of the Emergency Service Unit Apprehension Team (ESU A-Team) executed a search warrant at [redacted]s home, located at [redacted] in the Bronx. The search warrant was taken out by the Strategic Response Group (SRG) Field Intelligence team, and supervised by Sergeant Janette Cruz (Allegation A: Abuse of Authority, [redacted]). After entering the apartment, Det. Leon and Det. Vahey entered the rear bedroom, where [redacted] was sleeping. [redacted]s brother-in-law was allegedly standing in the bedroom with a machete. Det. Leon fired his gun at [redacted] striking and killing him (Allegation B: Force, [redacted]).
This case was placed on the CCRB's sensitive case list because of media coverage (24 Board Review). Read report for details.


Details

Incident: December 5, 2017
Received: February 20, 2018
Closed: June 4, 2019

Reason for contact: Execution of search warrant
Location: Apartment/house
In NYPD 40th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Donald Abrams, Terry Avent, Patrick Barry, Robert Cruz, Edwin Espinal, Michael Gannon, Lenno Hendricks, Aramis Ramos, Matthew Vahey