Complaint #201902715,
March 28, 2019

Officer: Hernandez, Juan
Complainant: White Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Hernandez, Juan
Complainant: White Male, 32
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Officer: Hernandez, Juan
Complainant: White Male, 32
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Officer: Hernandez, Juan
Complainant: White Male, 32
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Officer: Rivera, Erica
Complainant: White Male, 32
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer: Rivera, Erica
Complainant: White Male, 32
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Hernandez, Juan
Complainant: White Male, 32
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Officer: Rivera, Erica
Complainant: White Male, 32
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Hernandez, Juan
Complainant: White Male, 32
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Officer: Hernandez, Juan
Complainant: White Male, 32
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer: Hernandez, Juan
Complainant: White Male, 32
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer: Rivera, Erica
Complainant: White Male, 32
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Hernandez, Juan White Male, 32 Force: Physical force Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Hernandez, Juan White Male, 32 Abuse of Authority: Threat of arrest Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Hernandez, Juan White Male, 32 Discourtesy: Word Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Hernandez, Juan White Male, 32 Abuse of Authority: Retaliatory summons Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Rivera, Erica White Male, 32 Abuse of Authority: Refusal to provide name Unfounded
Rivera, Erica White Male, 32 Abuse of Authority: Retaliatory summons Substantiated (Command Discipline B)
Hernandez, Juan White Male, 32 Abuse of Authority: Stop Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Rivera, Erica White Male, 32 Abuse of Authority: Stop Substantiated (Command Discipline B)
Hernandez, Juan White Male, 32 Abuse of Authority: Refusal to process civilian complaint Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Hernandez, Juan White Male, 32 Abuse of Authority: Refusal to provide name Unfounded
Hernandez, Juan White Male, 32 Abuse of Authority: Refusal to provide shield number Unfounded
Rivera, Erica White Male, 32 Abuse of Authority: Refusal to provide shield number 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.

Further details on conclusions.


Penalties

Hernandez, Juan
Command Discipline - B

Rivera, Erica
Command Discipline - B

Summary

On March 28, 2019, at approximately 6:05 p.m., Sgt. Juan Hernandez and PO Erica Rivera, both Neighborhood Coordination Officers (NCOs) in the 7th Precinct, stopped [redacted] at the intersection of Ridge Street and Delancey Street in Manhattan (Allegations A and B: Abuse of Authority, [redacted]). Sgt. Hernandez told [redacted] that he could either receive a summons or he could go to the precinct and get "locked up" (Allegation C: Abuse of Authority, [redacted]). Sgt. Hernandez then said, "Keep the shit up, and you're going to be in the back of my fucking- in the back of my car going back to the precinct" (Allegation D: Discourtesy, Allegation C continued). When [redacted] told Sgt. Hernandez that he wanted to go to the precinct, Sgt. Hernandez replied, "Go to the precinct, I don't give a shit" (Allegation D continued). [redacted] alleged that he requested both officers' names and badge numbers but that they refused to provide their information to him (Allegations E, F, G, and H: Abuse of Authority, [redacted]). When [redacted] requested PO Rivera's information, Sgt. Hernandez pushed [redacted] away from her (Allegation I: Force, [redacted]). [redacted] was issued a disorderly conduct summons for blocking vehicular traffic (Allegations J and K: Abuse of Authority, [redacted]). At the end of the incident, Sgt. Hernandez told [redacted] that he received the summons for jumping in front of their vehicle and for "being a smartass" (Allegation D continued).
On March 30, 2019, at 10:21 a.m., [redacted] sent an email to the 7th Precinct NCOs detailing his encounter with Sgt. Hernandez and PO Rivera. Sgt. Hernandez did not process [redacted] s complaint about the incident (Allegation L: Abuse of Authority, [redacted]). Read report for details.


Details

Incident: March 28, 2019
Closed: October 25, 2019

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 7th Precinct Manhattan
Outcome: Summons - other violation/crime

Body-Worn Camera evidence collected
Video evidence collected