Complaint #201904816,
June 2, 2019

Officer: Delacruz, Harry
Complainant: Hispanic Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Delacruz, Harry
Complainant: Hispanic Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Delacruz, Harry
Complainant: Hispanic Male, 21-24
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Delacruz, Harry
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Interference with recording
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Encarnacion, Jae
Complainant: Hispanic Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Caraballo, Hensley
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Sordellini, Jonathan
Complainant: Hispanic Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Joyce, Austin
Complainant: Hispanic Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Weinberg, Robert
Complainant: Hispanic Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Weinberg, Robert
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Weinberg, Robert
Complainant: Hispanic Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Joyce, Austin
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Weinberg, Robert
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Delacruz, Harry
Complainant: Hispanic Male, 21-24
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Caraballo, Hensley
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Landau, Adam
Complainant: Hispanic Male, 21-24
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Board Conclusion
Delacruz, Harry Hispanic Male, 21-24 Force: Physical force Unsubstantiated
Delacruz, Harry Hispanic Male, 21-24 Force: Physical force Substantiated (Command Discipline B)
Delacruz, Harry Hispanic Male, 21-24 Discourtesy: Word Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Delacruz, Harry Hispanic Male, 25-29 Abuse of Authority: Interference with recording Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Encarnacion, Jae Hispanic Male, 21-24 Force: Physical force Exonerated
Caraballo, Hensley Discourtesy: Word Exonerated
Sordellini, Jonathan Hispanic Male, 21-24 Force: Physical force Exonerated
Joyce, Austin Hispanic Male, 21-24 Force: Physical force Exonerated
Weinberg, Robert Hispanic Male, 21-24 Force: Physical force Exonerated
Weinberg, Robert Discourtesy: Word Exonerated
Weinberg, Robert Hispanic Male, 21-24 Discourtesy: Word Substantiated (Command Discipline A)
Joyce, Austin Discourtesy: Word Exonerated
Weinberg, Robert Discourtesy: Word Substantiated (Command Discipline A)
Unknown Officer Hispanic Male, 21-24 Force: Physical force Officer(s) Unidentified
Delacruz, Harry Hispanic Male, 21-24 Abuse of Authority: Retaliatory arrest Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Caraballo, Hensley Discourtesy: Word Substantiated (Command Discipline A)
Landau, Adam Hispanic Male, 21-24 Abuse of Authority: Refusal to process civilian complaint Substantiated (Command Discipline B)

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalties

Landau, Adam
Command Discipline - B
Command Discipline - B (Vacation: 5 days)

Delacruz, Harry
No Disciplinary Action-DUP
No penalty

Caraballo, Hensley
Command Discipline - A
Command Discipline - A (Vacation: 1 day)

Weinberg, Robert
Resigned

Summary

At approximately 10:13 p.m. on June 2, 2019, a large group of officers responded to 1565 Townsend Avenue in the Bronx to investigate a 911 call reporting a civilian with a gun. Sergeant Harry De La Cruz of the 44th Precinct approached [redacted] and other civilians at the building entranceway and stood near them. Sergeant De La Cruz called [redacted] a "lambon," a Spanish insult (Allegation A: Discourtesy: Word: [redacted]). As [redacted] filmed him with [redacted]s cellphone, Sergeant De La Cruz smacked the phone out of [redacted]s hand, allegedly striking [redacted] in the neck (Allegation B: Abuse of Authority: Interference with recording: [redacted], Allegation C: Force: Physical force: [redacted]). [redacted] verbally objected to this, and Sergeant De La Cruz responded by bringing him into the building's vestibule and starting to arrest him (Allegation D: Abuse of Authority: Retaliatory Arrest: [redacted]). Sergeant De La Cruz then grabbed [redacted]s arm and began to grapple with him (Allegation E: Force: Physical Force: [redacted]). Police Officer Jae Encarnacion, Police Officer Jonathan Sordellini, Police Officer Austin Joyce, and Police Officer Robert Weinberg of the 44th Precinct entered the vestibule and assisted Sergeant De La Cruz in apprehending [redacted] (Allegations F, G, H, and I: Force: Physical Force: [redacted]). During this struggle, one or more officers allegedly struck [redacted] multiple times (Allegation J: Force: Physical Force: [redacted]). As the officers struggled to apprehend [redacted], multiple civilians approached the building entranceway, recording the incident and shouting at the police. Police Officer Hensley Caraballo of the 44th Precinct twice told the civilians to "get the fuck back" (Allegation K: Discourtesy: Word: [redacted]). As he led [redacted] out of the building, Police Officer Weinberg told [redacted] to "shut the fuck up" (Allegation L: Discourtesy: Word: [redacted]). As the officers tried to put [redacted] into a police vehicle, a crowd formed, and civilians... Read report for details.


Details

Incident: June 2, 2019
Received: June 4, 2019
Closed: June 15, 2021

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: Arrest - other violation/crime

Body-Worn Camera evidence collected
Video evidence collected