Complaint #202005423,
July 14, 2020

Officer: Hernandez, Gregory
Complainant: Hispanic Female, 60-64
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Hernandez, Gregory
Complainant: Hispanic Female, 60-64
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unfounded
Officer: Diaz, Cristian
Complainant: Hispanic Female, 60-64
Allegation: Offensive Language: Other
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Hernandez, Gregory Hispanic Female, 60-64 Abuse of Authority: Forcible Removal to Hospital Substantiated (Command Discipline A)
Hernandez, Gregory Hispanic Female, 60-64 Abuse of Authority: Threat of arrest Unfounded
Diaz, Cristian Hispanic Female, 60-64 Offensive Language: Other 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.

Further details on conclusions.


Penalty

Hernandez, Gregory
Command Discipline - A

Summary

On July 14, 2020, at approximately 6:00 p.m., PO Gregory Hernandez and PO Cristian Diaz, of the 49th Precinct, responded to [redacted] in the Bronx, after [redacted] called 911 and reported that her neighbor was banging on her door and cursing at her. At some point, [redacted] exited her building and observed PO Hernandez and PO Diaz speaking with her neighbor. At some point, PO Hernandez told [redacted] that she was going to the hospital and requested an ambulance (Allegation (A) Abuse of Authority- Forcible removal to the hospital, [redacted]). As they stood outside of her building, PO Hernandez allegedly told [redacted] not to talk to him in the way she was doing because she knew he could arrest her (Allegation (B) Abuse of Authority- Threat of arrest, [redacted]). [redacted] continued telling PO Hernandez that her neighbor banged on her door and that he needed to arrest her. Right after, PO Hernandez repeated to [redacted] "I am going to arrest you" (within Allegation B). At the end, [redacted] was taken to the hospital (within Allegation A). While inside the ambulance, PO Diaz allegedly told one of the EMTs, "She's crazy. Don't worry about it. Nobody will listen to her with the record she has. We checked in the computer, she's crazy" (Allegation (C) Offensive Language – Other, [redacted]). Read report for details.


Details

Incident: July 14, 2020
Received: July 31, 2020
Closed: February 22, 2022

Reason for contact: EDP aided case
Location: Residential building
In NYPD 49th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Gabriela Contreras, Vladimir Delgado, Ruthven Goddard, Samuel Ju, Jessica Rabaa
Body-Worn Camera evidence collected