Complaint #202100012,
January 1, 2021

Officer: Mercedes, Jose
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Mercedes, Jose
Complainant: Black Female, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mercedes, Jose
Complainant: Black Female, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Mercedes, Jose
Complainant: Black Female, 40-44
Allegation: Offensive Language: Other
CCRB Conclusion: Unsubstantiated
Officer: Mercedes, Jose
Complainant: Black Female, 40-44
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unfounded
Officer: Tineo, Bismal
Complainant: Black Female, 40-44
Allegation: Offensive Language: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Lopez, Harrynson
Complainant: Black Female, 40-44
Allegation: Offensive Language: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Mercedes, Jose
Complainant: Black Female, 40-44
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Mercedes, Jose Black Female, 40-44 Abuse of Authority: Threat of arrest Unsubstantiated
Mercedes, Jose Black Female, 40-44 Force: Physical force Exonerated
Mercedes, Jose Black Female, 40-44 Discourtesy: Word Unsubstantiated
Mercedes, Jose Black Female, 40-44 Offensive Language: Other Unsubstantiated
Mercedes, Jose Black Female, 40-44 Force: Hit against inanimate object Unfounded
Tineo, Bismal Black Female, 40-44 Offensive Language: Other Substantiated (Command Discipline B)
Lopez, Harrynson Black Female, 40-44 Offensive Language: Other Substantiated (Command Discipline B)
Mercedes, Jose Black Female, 40-44 Abuse of Authority: Forcible Removal to Hospital Exonerated

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.
'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

Lopez, Harrynson
No Disciplinary Action-DUP
No penalty

Tineo, Bismal
No Disciplinary Action-DUP
No penalty

Summary

On January 1, 2021, at approximately 1:40 p.m., [redacted] was at a Walgreens pharmacy located at 3012 3rd Avenue in the Bronx where PO Jose Mercedes of the 44th Precinct's Detective Squad was working a paid detail. PO Mercedes approached [redacted] and they argued about merchandise [redacted] had moved in the store. PO Mercedes allegedly told her he could arrest her (Allegation A: Abuse of Authority, [redacted]). PO Mercedes allegedly grabbed [redacted] and told her she needed to leave the store, eventually causing her to lose her footing and dragged her out (Allegation B: Force, [redacted]). PO Mercedes allegedly told [redacted] "I'm going to get you the fuck out of here... and get you taken to a psych center" (Allegation C: Discourtesy, [redacted]) (Allegation D: Offensive Language, [redacted]). Outside the Walgreens, PO Mercedes allegedly swung [redacted] into a wall (Allegation E: Force, [redacted]). PO Mercedes called for additional officers who arrived immediately, including Sgt. Randy Zerling, PO Bismal Tineo, and PO Harrynson Lopez of the 40th Precinct. [redacted] was handcuffed and removed to [redacted] (Allegation F: Abuse of Authority, [redacted]). PO Tineo and PO Lopez asked [redacted] if she was "crazy" (Allegations G and H: Offensive Language, [redacted]).
[redacted] was issued criminal court summons [redacted] for disorderly conduct (BR 01). Read report for details.


Details

Incident: January 1, 2021
Received: January 2, 2021
Closed: May 25, 2022

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Commercial building
In NYPD 40th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Argenis Betanco, Jason Franquiz, Eliana Hernandez, Anthony Picariello, Lisa Reyes, Randy Zerling
Body-Worn Camera evidence collected
Video evidence collected