Complaint #201901626,
January 16, 2019

Officer: Bermeo, Cesar
Complainant: White Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Humburg, Samantha
Complainant: White Male, 31
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Williams, Derrick
Complainant: White Male, 31
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unsubstantiated
Officer: Rauchet, Joseph
Complainant: Hispanic Male, 40
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Miscellaneous - Subject Retired
Officer: Bermeo, Cesar
Complainant: White Male, 31
Allegation: Abuse of Authority: Photography/Videography
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Bermeo, Cesar White Male, 31 Force: Physical force Unsubstantiated
Humburg, Samantha White Male, 31 Abuse of Authority: Stop Unsubstantiated
Williams, Derrick White Male, 31 Abuse of Authority: Interference with recording Unsubstantiated
Rauchet, Joseph Hispanic Male, 40 Abuse of Authority: Forcible Removal to Hospital Miscellaneous - Subject Retired
Bermeo, Cesar White Male, 31 Abuse of Authority: Photography/Videography 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.
'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 January 16, 2019, at approximately 8:26 p.m., [redacted] was on the uptown platform of the 1-/2-/3-train subway station at Times Square in Manhattan when he observed [redacted] with an apparent bloody injury to his leg on a staircase. [redacted] called 911 and Transit Manhattan Task Force officers responded, including PO Cesar Bermeo, PO Brian Mermelstein, PO Samantha Humburg, and PO Jae Choi. Midtown South Precinct officers PO Robert Moti and PO Derrick Williams also responded. PO Bermeo allegedly ordered [redacted] to move away from [redacted] and when [redacted] refused, PO Bermeo allegedly grabbed [redacted] and caused him to fall and break his glasses (Allegation A: Force, [redacted]). PO Bermeo, PO Choi, and another unidentified officer restrained [redacted] on the stairs. When [redacted] began recording officers' restraint of [redacted] on his cellphone, PO Williams allegedly told him not to record (Allegation B: Abuse of Authority, [redacted]). Lt. Joseph Rauchet of Transit Manhattan Task Force removed [redacted] from the subway station with Emergency Medical Services (EMS) to transport him to a hospital while allegedly strapped to a gurney (Allegation C: Abuse of Authority, [redacted]). PO Humburg allegedly stopped [redacted] from leaving the train station (Allegations D: Abuse of Authority, [redacted]) and PO Bermeo took a photograph of his identification (Allegation E: Abuse of Authority, [redacted]). Read report for details.


Details

Incident: January 16, 2019
Received: February 21, 2019
Closed: March 26, 2020

Reason for contact: C/V telephoned PCT
Location: Subway station/train
In NYPD Midtown South Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Jae Choi, Brian Mermelstein, Robert Moti
Video evidence collected