Complaint #201903874,
April 21, 2019

Officer: Herrera, Evelio
Complainant: Hispanic Female, 24
Allegation: Abuse of Authority: Sex Miscon (Sexual Harassment, Verbal)
CCRB Conclusion: Unsubstantiated
Recategorized as: Abuse of Authority: Other
Officer: Herrera, Evelio
Complainant: Hispanic Female, 24
Allegation: Abuse of Authority: Sex Miscon (Sexual Harassment, Gesture)
CCRB Conclusion: Unsubstantiated
Recategorized as: Abuse of Authority: Other
Officer Complainant Allegation CCRB Conclusion
Herrera, Evelio Hispanic Female, 24 Abuse of Authority: Sex Miscon (Sexual Harassment, Verbal) Unsubstantiated
Recategorized as Abuse of Authority: Other on August 5, 2023
Herrera, Evelio Hispanic Female, 24 Abuse of Authority: Sex Miscon (Sexual Harassment, Gesture) Unsubstantiated
Recategorized as Abuse of Authority: Other on August 5, 2023

Conclusion Meanings:

'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 April 21, 2019, at approximately 9:00 a.m., Police Officer Evelio Herrera and Police Officer Michael Pontisakos entered the employees-only area of the [redacted] in Queens. Police Officer Pontisakos entered the restroom, and Police Officer Herrera spoke with [redacted] an Asset Protection manager at [redacted]. Upon Police Officer Pontisakos's return from the restroom, Police Officer Herrera pointed at a ring on [redacted] finger and asked when she was getting married. [redacted] responded that she was not getting married, and Police Officer Herrera responded that Police Officer Pontisakos was getting married in a few months. Police Officer Herrera then allegedly proceeded to tell [redacted] that if she wanted to get Police Officer Pontisakos something, "Now would be the time to do so" (Allegation A—Abuse of Authority—Sexual Misconduct (Sexual Harassment)— Unsubstantiated) while opening his mouth and licking the entire rim of his top lip (Allegation B—Abuse of Authority—Sexual Misconduct (Sexual Harassment)—Unsubstantiated). [redacted] said, "Excuse me?" and Police Officer Herrera allegedly said, "You know, if you want to give him some kind of wedding gift, now would be the time to do so," and licked his lip a second time while looking back and forth between [redacted] and Police Officer Pontisakos (within Allegations A and B). Police Officer Pontisakos responded that he was not taking anything from [redacted] asked the officers to leave, and they exited the store. Read report for details.


Details

Incident: April 21, 2019
Received: May 6, 2019
Closed: September 17, 2019

Reason for contact: Other
Location: Commercial building
In NYPD 112th Precinct Queens
Outcome: No arrest made or summons issued

Witness Officers: Michael Pontisakos
Video evidence collected