Complaint #202003169,
April 29, 2020

Officer: Scott, Marshalet
Complainant: Hispanic Female, 30-34
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unsubstantiated
Officer: Cohen, Brad
Complainant: Hispanic Female, 30-34
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer: Cohen, Brad
Complainant: Hispanic Female, 30-34
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unsubstantiated
Officer: Scott, Marshalet
Complainant: Hispanic Female, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Scott, Marshalet
Complainant: Hispanic Female, 30-34
Allegation: Abuse of Authority: Unlawful Summons
CCRB Conclusion: Substantiated (Charges)
Officer: Yilmaz, Sibel
Complainant: Hispanic Female, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Smith, Shauna
Complainant: Hispanic Female, 30-34
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer: Scott, Marshalet
Complainant: Hispanic Female, 30-34
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Scott, Marshalet Hispanic Female, 30-34 Force: Hit against inanimate object Unsubstantiated
Cohen, Brad Hispanic Female, 30-34 Abuse of Authority: Refusal to provide name Unfounded
Cohen, Brad Hispanic Female, 30-34 Force: Hit against inanimate object Unsubstantiated
Scott, Marshalet Hispanic Female, 30-34 Force: Physical force Substantiated (Command Discipline B)
Scott, Marshalet Hispanic Female, 30-34 Abuse of Authority: Unlawful Summons Substantiated (Charges)
Yilmaz, Sibel Hispanic Female, 30-34 Force: Physical force Substantiated (Command Discipline B)
Smith, Shauna Hispanic Female, 30-34 Abuse of Authority: Refusal to provide name Unfounded
Scott, Marshalet Hispanic Female, 30-34 Abuse of Authority: Refusal to provide name Unfounded

Conclusion Meanings:

'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.
'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

Scott, Marshalet
Closed: Charges not served, July 28, 2023
APU Closed: Charges not served

Yilmaz, Sibel
No Disciplinary Action-DUP
No penalty

Summary

On April 29, 2020, at approximately 2:00 p.m., [redacted] entered Fordham Road/Grand Concourse train station (B/D lines) in the Bronx. After [redacted] walked downstairs to the platform, she observed PO Marshalet Scott and PO Sibel Yilmaz, of Transit Bureau District 11, descending the same stairs and standing close to her without any facial masks. [redacted] told the officers, "Let me get away from these niggas because I don't want to get sick. They are walking around without masks and I don't want to catch coronavirus." PO Scott told [redacted] to leave the subway station; to which, [redacted] refused. At some point, PO Scott grabbed [redacted] with the assistance of PO Yilmaz to place [redacted] in handcuffs and issue her a summons for disorderly conduct, but [redacted] held tightly onto a pole (Allegation A: Abuse of Authority - Unlawful summons, [redacted] (Allegations B and C: Force: Physical force, [redacted] At some point, PO Cohen responded to the incident location and PO Scott and PO Cohen pushed [redacted] against the pole (Allegations D and E: Force – Hit against inanimate object, [redacted] The officers eventually placed [redacted] in handcuffs and transported her to the stationhouse. At some point, inside the police vehicle, PO Cohen, PO Scott and PO Smith allegedly refused to provide their names (Allegations F, G and H: Abuse of Authority: Refusal to provide name, [redacted]
At the end, [redacted] was released and issued a C-Summons for disorderly conduct (Board Review 01). The narrative on the summons states that [redacted] was observed causing public alarm and that she was told to exit the subway station for acting disorderly, but she refused to do so. Read report for details.


Details

Incident: April 29, 2020
Received: May 11, 2020
Closed: April 21, 2022

Reason for contact: PD suspected C/V of violation/crime - subway
Location: Subway station/train
In NYPD 46th Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Hashi Aktar, Nelson Castrillon, Joshua Castro, Jennifer Hernandez, Joseph Illesca, Julissa Molina, Dennis Polanco, Michael Wager
Body-Worn Camera evidence collected