Complaint #201808754,
October 21, 2018

Summary

On October 21, 2018, at approximately 3:48 p.m., PO Darwin Burgos and PO Nefli Marte de la Cruz of Transit District 4 were on patrol on a downtown 6 train when approached an outstretched individual on the downtown platform at Astor Place station in Manhattan. The individual was initially unresponsive but then became violent. PO Burgos and PO Marte de la Cruz made the decision that the individual was a violent Emotionally Disturbed Person (EDP) and needed to be hospitalized. (Allegations A and B: Abuse of Authority, [redacted]). Both officers discharged their pepper sprays (Allegations C and D: Force, [redacted]) and PO Burgos attempted to lever one of the individual's arms with his asp (Allegation E: Force, [redacted]). PO Marte de la Cruz requested additional units and more officers arrived, including PO Charles Guevarra of Transit District 4. Body-worn cameras (BWC) captured PO Burgos and PO Guevarra using profanity towards the individual (Allegation F-G: Discourtesy, [redacted]). PO Guevarra threatened the individual with his taser (Allegation H: Abuse of Authority, [redacted]) and levered one of the individual's arms with his asp (Allegation I: Force, [redacted]) in helping to restrain the individual. Once restrained, officers took the individual out of the subway station and to the ambulance. On his way out of the station, an officer pushed an individual (Allegation J: Force, [redacted]). Read report for details.