Complaint #202002650,
April 8, 2020

Officer: Unknown Officer
Complainant: Black Female, 65-69
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Nieves, Edwin
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Cruz, Ivan
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Hernandez, Ernesto
Complainant: Black Female, 65-69
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Hernandez, Ernesto
Complainant: Black Female, 65-69
Allegation: Force: Handcuffs too tight
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Female, 65-69
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Female, 65-69 Abuse of Authority: Forcible Removal to Hospital Exonerated
Nieves, Edwin Abuse of Authority: Entry of Premises Exonerated
Cruz, Ivan Abuse of Authority: Entry of Premises Exonerated
Hernandez, Ernesto Black Female, 65-69 Discourtesy: Word Substantiated (Command Discipline A)
Hernandez, Ernesto Black Female, 65-69 Force: Handcuffs too tight Exonerated
Unknown Officer Black Female, 65-69 Abuse of Authority: Threat to damage/seize property Officer(s) Unidentified

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.

Further details on conclusions.


Penalty

Hernandez, Ernesto
No Disciplinary Action-DUP
No penalty

Summary

On April 8, 2020, sometime in the afternoon, EMS responded to [redacted]'s apartment located at [redacted] in the Bronx in regards to a call she made to her therapist. [redacted] opened her door and spoke with the paramedics. She confirmed her name, stated that she was alone in the residence and confirmed that no one had overdosed. The paramedics said that [redacted] seemed fine, apologized for ringing her bell and then left.
Approximately 30 minutes later, PO Edwin Nieves and Ivan Cruz of the 40th Precinct knocked on her door and requested [redacted] open it. An officer told [redacted] that they would remove her door if she did not open it (Allegation A: Abuse of Authority). [redacted] opened the door and officers entered (Allegations B and C: Abuse of Authority). PO Nieves and PO Cruz handcuffed [redacted] and eight additional officers responded to the location. While [redacted] was handcuffed on the floor, [redacted] told the officers that the handcuffs were too tight and PO Ernesto Hernandez of the 40th Precinct tightened them (Allegation D: Force). While officers were waiting for EMS, PO Hernandez stated, "We definitely can't transport her yourself because she's fucking [inaudible] as shit" (Allegation E: Discourtesy). [redacted] blacked out and woke up in the emergency room of [redacted] Hospital (Allegation F: Abuse of Authority). [redacted] was not arrested or issued any summonses. Read report for details.


Details

Incident: April 8, 2020
Received: April 9, 2020
Closed: March 30, 2022

Reason for contact: Assist ACS or other agency
Location: Apartment/house
In NYPD 40th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Peter Delohery, Nicholas Haspil, Michael Manni, Kelvin Perez, Tomasz Pustelny, Nicholas Roveto, Jose Tejada
Body-Worn Camera evidence collected