Complaint #202006163,
September 11, 2020

Officer: Ortega, John
Complainant: Black Female, 65-69
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Ortega, John
Complainant: Black Female, 65-69
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Ortega, John
Complainant: Black Female, 65-69
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Fontanella, Brian
Complainant: Black Female, 65-69
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Lyons, Thomas
Complainant: Black Female, 65-69
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer: Russell, Briana
Complainant: Black Female, 65-69
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer: Kilfeather, Thomas
Complainant: Black Female, 65-69
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer: Ortega, John
Complainant: Black Female, 65-69
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Ortega, John Black Female, 65-69 Force: Physical force Unsubstantiated
Ortega, John Black Female, 65-69 Force: Physical force Unsubstantiated
Ortega, John Black Female, 65-69 Force: Physical force Unfounded
Fontanella, Brian Black Female, 65-69 Force: Physical force Unfounded
Lyons, Thomas Black Female, 65-69 Abuse of Authority: Refusal to process civilian complaint Unsubstantiated
Russell, Briana Black Female, 65-69 Abuse of Authority: Refusal to process civilian complaint Unsubstantiated
Kilfeather, Thomas Black Female, 65-69 Abuse of Authority: Refusal to process civilian complaint Unsubstantiated
Ortega, John Black Female, 65-69 Abuse of Authority: Forcible Removal to Hospital Substantiated (Command Discipline A)

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.


Penalty

Ortega, John
No Disciplinary Action-DUP
No penalty

Summary

On September 11, 2020, at approximately 9:30 a.m., [redacted] went to the AutoZone located at 186-45 Merrick Boulevard in Queens to return brakes that she bought for her car. As she was leaving the store, two security guards approached [redacted] stood between her and the exit, and accused [redacted] of stealing an item from the store. After a few minutes, Police Officer John Ortega of the 113th Precinct and Police Officer Brian Fontanella of the 113th Precinct arrived at the location. [redacted] informed the officers that she did not take anything from the store. PO Ortega handcuffed [redacted] and allegedly pushed her with his hands against her upper back and right side (Allegation A: Force, [redacted] PO Fontanella allegedly placed his hand on [redacted]s left side and pushed her as well (Allegation B: Force, [redacted] As she was walking, PO Ortega allegedly kicked her ankles (Allegation C: Force, [redacted]
PO Ortega told [redacted] that an ambulance was coming to remove her to a psychiatric facility, and [redacted] verbally refused to go (Allegation D: Abuse of Authority, [redacted] Once the ambulance arrived at the hospital, PO Ortega allegedly pulled [redacted] out of the ambulance by her arm, causing her to almost fall (Allegation E: Force, [redacted]
At around 2:00 p.m. on the same day, [redacted] went to the 113th Precinct stationhouse. She asked Police Officer Thomas Kilfeather of the 113th Precinct to file a report against the officers who removed her to the hospital that day. PO Kilfeather allegedly gave [redacted] a CCRB complaint form and instructed her to file the complaint by calling the number on the form (Allegation F: Abuse of Authority, [redacted] Sergeant Briana Donovan of the 113th Precinct approached [redacted] and let her know that she wanted to file a complaint against two officers. Sgt. Donovan allegedly told [redacted] that she should file a complaint using the CCRB complaint form that PO Kilfeather gave her (Allegation G: Abuse of Authority, [redacted]
Later that day, [redacted]... Read report for details.


Details

Incident: September 11, 2020
Received: September 12, 2020
Closed: March 30, 2022

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Street/highway
In NYPD 113th Precinct Queens
Outcome: No arrest made or summons issued

Witness Officers: Abraheem Chaudhry, Briana Soto
Body-Worn Camera evidence collected
Video evidence collected