Complaint #202200784,
January 13, 2022

Officer: Hernandez, Francisco
Complainant: Black Female, 55-59
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Hernandez, Francisco
Complainant: Black Female, 55-59
Allegation: Abuse of Authority: Entry of Premises
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Hernandez, Francisco
Complainant: Black Female, 55-59
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Within NYPD Guidelines
Officer: Albarracin, Hugo
Complainant: Black Female, 55-59
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Hernandez, Francisco
Allegation: Untruthful Statement: Misleading official statement
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Board Conclusion
Hernandez, Francisco Black Female, 55-59 Discourtesy: Word Substantiated (Command Discipline A)
Hernandez, Francisco Black Female, 55-59 Abuse of Authority: Entry of Premises Within NYPD Guidelines
CCRB Investigator Recommendation: Exonerated
Hernandez, Francisco Black Female, 55-59 Abuse of Authority: Forcible Removal to Hospital Within NYPD Guidelines
CCRB Investigator Recommendation: Exonerated
Albarracin, Hugo Black Female, 55-59 Abuse of Authority: Search of Premises Substantiated (Formalized Training)
Hernandez, Francisco Untruthful Statement: Misleading official statement Substantiated (Charges)

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.


Penalty

Hernandez, Francisco
Forfeit vacation 10 days
Closed: Resolved by plea, May 29, 2024
APU Command Discipline B
Forfeit vacation 10 days / Command Discipline B

Summary

On January 13, 2022, at approximately 11:48 p.m., officers from the 41st Precinct, including Lieutenant Francisco Hernandez, entered [redacted] apartment at [redacted] in the Bronx (Allegation A – Abuse of Authority: Entry of Premises, [redacted]) after she had allegedly grabbed the building's superintendent by his neck. [redacted] refused to give the officers her full name, and Lieutenant Hernandez addressed her twice as [redacted] (Allegation B – Discourtesy: Word, [redacted]). Police Officer Hugo Albarracin of the 41st Precinct searched [redacted] apartment for her identification (Allegation C – Abuse of Authority: Search of Premises, [redacted]). The superintendent refused to press charges against [redacted] and the officers transported [redacted] to [redacted] Hospital (Allegation D – Abuse of Authority: Forcible Removal to Hospital, [redacted]) where Police Officer Albarracin discovered that she had an open I-Card and placed her under arrest (Board Review 02).
Lieutenant Hernandez provided a misleading official statement to the CCRB on August 16, 2022 (Allegation E – Untruthful Statement: Misleading Official Statement, [redacted]). Read report for details.


Details

Incident: January 13, 2022
Received: February 7, 2022
Closed: May 3, 2023
Last Updated: May 31, 2024

Reason for contact: Report of other crime
Location: Apartment/house
In NYPD 41st Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Pedro Cruz, Nicholas Kim, Matias Leon, Leomar Logrono
Body-Worn Camera evidence collected