Complaint #201902210,
March 9, 2019

Officer: Epstein, Derek
Complainant: Black Female, 47
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Epstein, Derek
Complainant: Black Female, 47
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Epstein, Derek
Complainant: Black Female, 47
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Lopez, Estharlin
Complainant: Black Female, 47
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Lopez, Estharlin
Complainant: Female
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Lopez, Estharlin
Complainant: Black Female, 47
Allegation: Abuse of Authority: Search of recording device
CCRB Conclusion: Unfounded
Officer: Epstein, Derek
Complainant: Black Female, 47
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Unsubstantiated
Officer: Epstein, Derek
Complainant: Black Female, 47
Allegation: Abuse of Authority: Search of recording device
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Epstein, Derek Black Female, 47 Abuse of Authority: Entry of Premises Unsubstantiated
Epstein, Derek Black Female, 47 Abuse of Authority: Search of Premises Substantiated (Command Lvl Instructions)
Epstein, Derek Black Female, 47 Discourtesy: Word Unsubstantiated
Lopez, Estharlin Black Female, 47 Discourtesy: Word Unsubstantiated
Lopez, Estharlin Female Abuse of Authority: Threat of arrest Unsubstantiated
Lopez, Estharlin Black Female, 47 Abuse of Authority: Search of recording device Unfounded
Epstein, Derek Black Female, 47 Abuse of Authority: Entry of Premises Unsubstantiated
Epstein, Derek Black Female, 47 Abuse of Authority: Search of recording device Unfounded

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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.


Penalty

Epstein, Derek
Formalized Training

Summary

On March 9, 2019, at approximately 9:00 p.m. [redacted] was in her restaurant, Rose Fantasy, located at [redacted] in Brooklyn with her friends [redacted] and [redacted] Lt. Derek Epstein, PO Estharlin Lopez, and PO Michael Joseph knocked on the door. [redacted] allowed the officers into the main part of the restaurant.
Once Lt. Epstein was inside, he, PO Joseph, and PO Lopez went into the kitchen of the restaurant (Allegation A- Abuse of Authority). At the rear of the kitchen was a door to the basement of [redacted] and Lt. Epstein opened the door to the basement (Allegation B- Abuse of Authority). He searched the basement of [redacted] (Allegation C- Abuse of Authority).
While Lt. Epstein was in the basement of the restaurant, he allegedly told [redacted] "I said not to fucking come down here. Why the fuck did you come down here?" (Allegation D- Discourtesy). When [redacted] was showing PO Lopez a cut on her hand, he allegedly told her not to put "fucking blood" on him (Allegation E- Discourtesy). Lt. Epstein also told [redacted] that he did not have to show her "shit" when she asked about the contents in the bottle (under Allegation D). PO Lopez and Lt. Epstein allegedly told [redacted] to unlock her phone, and PO Lopez allegedly held it open (Allegations F and G- Abuse of Authority). When [redacted] was being placed into handcuffs, her friend [redacted] took video. PO Lopez told her that he would arrest her if she did not move back (Allegation H- Abuse of Authority).
[redacted] provided the investigation with cellphone footage allegedly taken by [redacted] as well as surveillance footage from her bar that she cut herself for the investigation.
As a result of this incident, [redacted] was arrested for [redacted] (Board Review 01). Read report for details.


Details

Incident: March 9, 2019
Received: March 13, 2019
Closed: March 6, 2020

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Commercial building
In NYPD 70th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Michael Joseph
Body-Worn Camera evidence collected
Video evidence collected