Complaint #201911054,
December 14, 2019

Officer: Fermin, Erica
Complainant: Female, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Fermin, Erica
Complainant: Female, 15-17
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Madrid, Krystal
Complainant: Female, 15-17
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Fermin, Erica
Complainant: Female, 15-17
Allegation: Force: Chokehold
CCRB Conclusion: Substantiated (Charges)
Officer: Madrid, Krystal
Complainant: Female, 15-17
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Madrid, Krystal
Complainant: Female, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Fermin, Erica
Allegation: Untruthful Statement: False official statement
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Fermin, Erica Female, 15-17 Force: Physical force Unsubstantiated
Fermin, Erica Female, 15-17 Abuse of Authority: Search of Premises Substantiated (Command Discipline B)
Madrid, Krystal Female, 15-17 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Fermin, Erica Female, 15-17 Force: Chokehold Substantiated (Charges)
Madrid, Krystal Female, 15-17 Discourtesy: Word Exonerated
Madrid, Krystal Female, 15-17 Force: Physical force Exonerated
Fermin, Erica Untruthful Statement: False official statement Substantiated (Charges)

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.
'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

Fermin, Erica
Closed: Trial verdict reversed by PC, Final verdict Not Guilty, November 27, 2024
APU Not guilty

Summary

On December 14, 2019, at approximately 9:00 a.m., officers from the 44th Precinct—including Police Officers Erica Fermin, Krystal Madrid, Yajaira Garcia, and Kimberly Torres-responded to a 911 call placed by [redacted] regarding an Emotionally Disturbed Person (EDP) at [redacted] in the Bronx. [redacted] the mother of [redacted] and the grandmother of the then 16-year-old [redacted] let the officers inside. In the living room, the officers observed [redacted] and [redacted] arguing. A physical struggle between [redacted] and the officers ensued, during which PO Fermin used a chokehold against [redacted] (Allegation A - Force: Chokehold; [redacted] and PO Madrid and PO Fermin used physical force against [redacted] (Allegation B – Force: Physical Force; [redacted] Allegation C - Force: Physical Force; [redacted] PO Madrid threatened to Taser [redacted] (Allegation D – Abuse of Authority: Threat of Force; [redacted] PO Madrid spoke discourteously toward [redacted] (Allegation E – Discourtesy: Word; [redacted] PO Fermin searched a bedroom and a closet for [redacted] shoes (Allegation F - Abuse of Authority: Search of Premises; [redacted] The officers forcibly removed [redacted] to the hospital at EMS' direction (Allegation G – Abuse of Authority: Forcible Removal to Hospital; [redacted] [redacted] was not arrested or issued any summonses. The investigation determined that PO Fermin provided a false official statement to the CCRB on December 14, 2020 (Allegation H – False Official Statement; [redacted] Read report for details.


Details

Incident: December 14, 2019
Received: December 26, 2019
Closed: December 29, 2021
Last Updated: November 29, 2024

Reason for contact: Aided case
Location: Apartment/house
In NYPD 44th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Michael Courtney, Harry Delacruz, Kenneth Delgado, Yajaira Garcia, Gary Reyes, Kimberly Torres, Minh Tran
Body-Worn Camera evidence collected