Complaint #201909972,
September 20, 2019

Officer: Garcia, Alberys
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Garcia, Alberys
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Diaz, Joseph
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Threat re: removal to hospital
CCRB Conclusion: Exonerated
Officer: Diaz, Joseph
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Garcia, Alberys Hispanic Male, 30-34 Abuse of Authority: Entry of Premises Substantiated (Formalized Training)
Garcia, Alberys Hispanic Male, 30-34 Abuse of Authority: Forcible Removal to Hospital Substantiated (Command Discipline A)
Diaz, Joseph Hispanic Male, 30-34 Abuse of Authority: Threat re: removal to hospital Exonerated
Diaz, Joseph Hispanic Male, 30-34 Abuse of Authority: Threat to damage/seize property 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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalty

Garcia, Alberys
No Disciplinary Action-DUP
No penalty

Summary

On September 17, 2019, at approximately 7:27 p.m., [redacted] was home at [redacted] in the Bronx. [redacted]'s mother, had called 911 and requested a wellness check for him because he was not taking medication for an unspecified mental health condition. Police Officers Tiffany Marchese, Matthew Sanchez, Joseph Diaz, and Richard Crowe, all of the 50th Precinct, knocked on [redacted]'s door. [redacted] told the officers that he was fine and refused to open the door. PO Diaz told [redacted] that officers would break down his door and take him to the hospital if he refused to open the door and be evaluated by EMTs (Allegations A-B: Abuse of Authority, [redacted]). Additional officers from the 50th Precinct eventually arrived, including Lieutenant Alberys Garcia and Sergeant Joseph Carolan. Lt. Garcia spoke with officers and [redacted] and spoke to [redacted] through the door, before requesting that ESU officers respond to the location. [redacted] continued to refuse to exit the apartment or be evaluated by EMS. Lt. Garcia eventually directed the ESU officers to make forced entry into the apartment (Allegation C: Abuse of Authority, [redacted]) and Lt. Garcia directed that [redacted] be forcibly removed to [redacted] Hospital (Allegation D: Abuse of Authority, [redacted]). Read report for details.


Details

Incident: September 20, 2019
Received: November 14, 2019
Closed: October 19, 2021

Reason for contact: EDP aided case
Location: Apartment/house
In NYPD 50th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Joseph Carolan, Tiffany Fernandez, Jordan Gallagher, Kenneth Samuels, Matthew Sanchez, Everald Taylor, James Tobin, Peter Wong
Body-Worn Camera evidence collected
Video evidence collected