Complaint #202104710,
July 1, 2021

Officer: Fox, Matthew
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Abreu, Gabriel
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Berge, Daniella
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Abreu, Gabriel
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Berge, Daniella
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Arceo, Cesar
Complainant: Asian Female, 50-54
Allegation: Abuse of Authority: Failed to Obtain Language Interpretation
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Arceo, Cesar
Complainant: Asian Female, 50-54
Allegation: Force: Physical force
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Fox, Matthew
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Fox, Matthew
Complainant: Asian Female, 25-29
Allegation: Abuse of Authority: Failed to Obtain Language Interpretation
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Fox, Matthew
Complainant: Asian Female, 25-29
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Berge, Daniella
Complainant: Asian Female, 25-29
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Berge, Daniella
Complainant: Asian Female, 25-29
Allegation: Abuse of Authority: Failed to Obtain Language Interpretation
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Abreu, Gabriel
Complainant: Asian Female, 25-29
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Abreu, Gabriel
Complainant: Asian Female, 25-29
Allegation: Abuse of Authority: Failed to Obtain Language Interpretation
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Berge, Daniella
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Abreu, Gabriel
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Arceo, Cesar
Complainant: Male, 50-54
Allegation: Abuse of Authority: Failed to Obtain Language Interpretation
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Berge, Daniella
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Abreu, Gabriel
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Board Conclusion
Fox, Matthew Abuse of Authority: Entry of Premises Substantiated (Command Discipline B)
Abreu, Gabriel Abuse of Authority: Entry of Premises Substantiated (Command Discipline B)
Berge, Daniella Abuse of Authority: Entry of Premises Substantiated (Command Discipline B)
Abreu, Gabriel Abuse of Authority: Search of Premises Substantiated (Command Discipline B)
Berge, Daniella Abuse of Authority: Search of Premises Substantiated (Command Discipline B)
Arceo, Cesar Asian Female, 50-54 Abuse of Authority: Failed to Obtain Language Interpretation Substantiated (Command Discipline A)
Arceo, Cesar Asian Female, 50-54 Force: Physical force Within NYPD Guidelines
CCRB Investigator Recommendation: Exonerated
Fox, Matthew Abuse of Authority: Search of Premises Substantiated (Command Discipline B)
Fox, Matthew Asian Female, 25-29 Abuse of Authority: Failed to Obtain Language Interpretation Substantiated (Command Discipline A)
Fox, Matthew Asian Female, 25-29 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Berge, Daniella Asian Female, 25-29 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Berge, Daniella Asian Female, 25-29 Abuse of Authority: Failed to Obtain Language Interpretation Substantiated (Command Discipline A)
Abreu, Gabriel Asian Female, 25-29 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Abreu, Gabriel Asian Female, 25-29 Abuse of Authority: Failed to Obtain Language Interpretation Substantiated (Command Discipline A)
Berge, Daniella Abuse of Authority: Search of Premises Substantiated (Command Discipline B)
Abreu, Gabriel Abuse of Authority: Search of Premises Substantiated (Command Discipline B)
Arceo, Cesar Male, 50-54 Abuse of Authority: Failed to Obtain Language Interpretation Substantiated (Command Discipline A)
Berge, Daniella Abuse of Authority: Entry of Premises Substantiated (Command Discipline B)
Abreu, Gabriel Abuse of Authority: Entry of Premises Substantiated (Command Discipline B)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Within NYPD Guidelines': The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusions.


Penalties

Arceo, Cesar
No Disciplinary Action-SOL
No penalty

Berge, Daniella
Closed: SOL Expired prior to APU, February 22, 2023
APU Closed: SOL Expired prior to APU

Abreu, Gabriel
Closed: SOL Expired prior to APU, February 22, 2023
APU Closed: SOL Expired prior to APU

Fox, Matthew
Closed: SOL Expired prior to APU, February 22, 2023
APU Closed: SOL Expired prior to APU

Summary

On July 1, 2021, at 12:49pm, [redacted] called 911 and reported that there was a violation of an order of protection. DTS Cesar Arceo, PO Matthew Fox, PO Gabriel Abreu, and PO Daniella Berge responded to the location, [redacted] in Queens. Officers spoke with [redacted] who stated that the alleged perpetrator and landlord of the building, [redacted] was in the rear of the house. [redacted] is daughter-in-law, instructed officers not to enter and repeatedly asked for a Mandarin interpreter (Allegations A-C: Abuse of Authority, [redacted]). PO Fox, PO Berge, and PO Abreu then entered and searched the [redacted] apartment where [redacted] was (Allegations D-I: Abuse of Authority, [redacted]). The officers then left the apartment. PO Berge and PO Abreu entered the basement of the building (Allegations J-M: Abuse of Authority, [redacted]). The officers left and did not provide [redacted] with any documentation including RTKA cards (Allegation N, O, P: Abuse of Authority, [redacted]). Officers did not have any contact with [redacted]'s mother-in-law, [redacted] on this date.
On August 4, 2021, at 9:40am, officers responded to [redacted] in response to an allegation by [redacted] alleged that [redacted] had assaulted her. Sergeant Sean Keegan, DTS Arceo, PO Philip Vanaarde, PO Rene Fouger, PO Michael Robbins, PO Elijah Ali, PO Micheal Costa responded. DTS Arceo arrested [redacted]. As DTS Arceo handcuffed [redacted] he grabbed her wrists (Allegation Q: Force, [redacted]). He then handcuffed [redacted]. [redacted] and [redacted] notified officers that they spoke Mandarin Chinese and required an interpreter, but no interpreter was provided on scene (Allegations R-S: Abuse of Authority, [redacted]). [redacted] was arrested for reckless endangerment, assault, and harassment. [redacted] was arrested for assault and harassment. [redacted] and [redacted] were removed to the 115th Precinct stationhouse; once there, they were provided with an interpreter via the Language Line. Read report for details.


Details

Incident: July 1, 2021
Received: August 9, 2021
Closed: February 15, 2023

Reason for contact: Report-domestic dispute
Location: Residential building
In NYPD 115th Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: Elijah Ali, Michael Costa, Sean Keegan, Fouger Rene, David Rodriguez, Philip Vanaarde
Body-Worn Camera evidence collected
Video evidence collected