Complaint #202003118,
May 3, 2020

Officer: Cherenfant, Eroll
Complainant: American Indian Male, 35-39
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Cherenfant, Eroll
Complainant: American Indian Male, 35-39
Allegation: Abuse of Authority: Threat re: removal to hospital
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Cherenfant, Eroll
Complainant: American Indian Male, 35-39
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer: Cherenfant, Eroll
Complainant: American Indian Male, 35-39
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unfounded
Officer: Cherenfant, Eroll
Complainant: American Indian Male, 35-39
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Cherenfant, Eroll
Complainant: American Indian Male, 35-39
Allegation: Abuse of Authority: Threat re: removal to hospital
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Smiley, Krystelle
Complainant: American Indian Male, 35-39
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Cherenfant, Eroll American Indian Male, 35-39 Abuse of Authority: Threat of arrest Exonerated
Cherenfant, Eroll American Indian Male, 35-39 Abuse of Authority: Threat re: removal to hospital Substantiated (Command Discipline B)
Cherenfant, Eroll American Indian Male, 35-39 Abuse of Authority: Refusal to provide name Unfounded
Cherenfant, Eroll American Indian Male, 35-39 Abuse of Authority: Refusal to provide shield number Unfounded
Cherenfant, Eroll American Indian Male, 35-39 Abuse of Authority: Threat of arrest Exonerated
Cherenfant, Eroll American Indian Male, 35-39 Abuse of Authority: Threat re: removal to hospital Substantiated (Command Discipline B)
Smiley, Krystelle American Indian Male, 35-39 Abuse of Authority: Threat of force (verbal or physical) Unfounded

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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Penalty

Cherenfant, Eroll
Closed: Charges not served, July 14, 2023
APU Closed: Charges not served

Summary

On May 3, 2020, at approximately 10:00 a.m., [redacted] entered the Lexington Avenue and East 125th Street subway station in Manhattan, without wearing a mask. While inside the station, [redacted] encountered PO Eroll Cherenfant from Transit Bureau District 4, who told [redacted] to put on a mask. After a back and forth about this, PO Cherenfant ejected [redacted] from the train station. While [redacted] was being ejected, PO Krystelle Smiley, also from Transit Bureau District 4, allegedly threatened to tase him if he did not comply with the officers (Allegation A: Abuse of Authority; [redacted]). Once outside, PO Cherenfant told [redacted] that if he reentered the station, he would be arrested for trespassing (Allegation B: Abuse of Authority; [redacted]). PO Cherenfant ordered [redacted] to leave the scene, which he contested; this led to a back and forth between the two, during which PO Cherenfant threatened to have [redacted] removed to the hospital (Allegation C: Abuse of Authority; [redacted]). [redacted] eventually walked away, and the officers returned to the station.
On May 6, 2020, [redacted] entered the same station at approximately 8:30 a.m., with the intention of obtaining PO Cherenfant's information. [redacted] was not wearing a mask and, after not complying with PO Cherenfant's repeated orders for him to put one on, was ejected from the station. Prior to this, he allegedly asked PO Cherenfant for his name and shield number three to four times, which PO Cherenfant refused to provide (Allegation D and E: Abuse of Authority; [redacted]). After [redacted] was ejected, PO Cherenfant again told [redacted] that if he attempted to enter that station, he would be arrested for criminal trespass (Allegation F: Abuse of Authority; [redacted]). He then told [redacted] to leave the scene; [redacted] refused and called 911 to speak with the Internal Affairs Bureau. While he was on the phone, PO Cherenfant again threatened to send [redacted] to the hospital as an emotionally disturbed person (EDP) (Allegation G:... Read report for details.


Details

Incident: May 3, 2020
Received: May 7, 2020
Closed: April 21, 2022

Reason for contact: Other
Location: Subway station/train
In NYPD 25th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Carmelo Colon, Marjel Kola, Thierno Sow
Body-Worn Camera evidence collected
Video evidence collected