Complaint #202203080,
December 2, 2020

Officer: Hernandez, Heriberto
Complainant: White Female, 55-59
Allegation: Discourtesy: Action
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Hernandez, Heriberto
Complainant: White Female, 55-59
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Hernandez, Ernest
Complainant: White Female, 55-59
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Hernandez, Heriberto White Female, 55-59 Discourtesy: Action Substantiated (Command Discipline B)
Hernandez, Heriberto White Female, 55-59 Force: Physical force Substantiated (Charges)
Hernandez, Ernest White Female, 55-59 Force: Physical force Substantiated (Charges)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalties

Hernandez, Heriberto
Closed: SOL Expired prior to APU, August 1, 2023
APU Closed: SOL Expired prior to APU

Hernandez, Ernest
Closed: SOL Expired prior to APU, August 1, 2023
APU Closed: SOL Expired prior to APU

Summary

At approximately 6:04 p.m. on December 2, 2020, [redacted] traveled to the 62nd Precinct stationhouse in order to obtain a copy of a lost property report that she had filed there on a previous date. Several officers at the stationhouse informed her that she could not obtain a copy of the report there and would have to obtain the document elsewhere. [redacted] insisted that the officers give her a copy of the report. [redacted] took out a cell phone and started to record the officers. Officers told her that she was not allowed to record and ordered her to leave the stationhouse. [redacted] refused to comply. Several officers, including Sergeant Heriberto Hernandez, Sergeant Ernest Hernandez, Police Officer Tamara Clement and Police Officer John Ramos, grabbed [redacted] by her arms. Sgt. Heriberto Hernandez and Sgt. Ernest Hernandez then forced her to the floor to arrest her (Allegations A and B: Force – Physical force, [redacted]). Afterwards, Sgt. Heriberto Hernandez pulled a facemask [redacted] was wearing up over her eyes (Allegation C: Discourtesy – Action, [redacted]). [redacted] was arrested and charged with resisting arrest, obstruction of governmental administration, criminal trespass and disorderly conduct (fighting/violent behavior) (Board Review #01). [redacted] was initially sent to [redacted] to receive treatment for her diabetes while in police custody. She was not diagnosed with any injuries during this visit. During a later follow-up visit at [redacted], however, she was diagnosed with a fracture to her left elbow.
Due to media coverage, this case was added to the agency's list of sensitive cases (Board Review #03-04). Read report for details.


Details

Incident: December 2, 2020
Received: May 14, 2022
Closed: June 7, 2023

Reason for contact: C/V at PCT to obtain information
Location: Police building
In NYPD 62nd Precinct Brooklyn
Outcome: Arrest - resisting arrest

Witness Officers: Tamara Clement, John Ramos
Body-Worn Camera evidence collected
Video evidence collected