Complaint #9803498,
August 5, 1998

Officer: Orellana, Johnny
Allegation: Force: Push/Shove
CCRB Conclusion: Unsubstantiated
Officer: Orellana, Johnny
Allegation: Force: Other - Force
CCRB Conclusion: Unfounded
Officer: Orellana, Johnny
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Orellana, Johnny
Allegation: Discourtesy: Nasty Words
CCRB Conclusion: Unsubstantiated
Officer: Orellana, Johnny
Allegation: Offensive Language: Other - Ethnic Slur
CCRB Conclusion: Unfounded
Officer Allegation CCRB Conclusion
Orellana, Johnny Force: Push/Shove Unsubstantiated
Orellana, Johnny Force: Other - Force Unfounded
Orellana, Johnny Abuse of Authority: Threat of arrest Unsubstantiated
Orellana, Johnny Discourtesy: Nasty Words Unsubstantiated
Orellana, Johnny Offensive Language: Other - Ethnic Slur Unfounded

Conclusion Meanings:

'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.


Summary

This incident occurred on August 5, 1998 at 11:00 PM at Morris Park subway station in the Bronx. [redacted] entered the subway station at the above-mentioned location and she did not see any token booth clerk on duty. Therefore, she decided to go under the turnstile and go inside the subway station. As she started going downstairs, she saw PO Orellana and she asked him, "do I pay you," but instead of PO Orellana asked her for identification. Since [redacted] and PO Orellana were standing midway in the stairway, PO Orellana told her "come with me downstairs," meaning to the subway platform. As PO Orellana and [redacted] walked down the stairs, PO Orellana asked [redacted] if she has ever been convicted of a felony and [redacted] responded, "no." Then, PO Orellana proceeded to write the summons and informed her that he was going to find out if she ever had a felony conviction. PO Orellana called the precinct from the subway station to check whether [redacted] had anything on her. [redacted] sat down on the bench while PO Orellana wrote the summons. PO Orellana issued her a summons [redacted] stated that PO Orellana asked if her name is [redacted] and she said "yes." Then PO Orellana asked her, "what is that Italian," and she told him "yes." [redacted] felt that this was an ethnic slur remark made towards her. [redacted] beeper sounded off and she stood up and went over to PO Orellana. As she stood near PO Orellana, she looked inside her waist bag. PO Orellana told her, "I thought I told you to sit down?" and [redacted] told him, "why, I'm just standing right here, so I can make this call and I do not have to take this train." At that point, PO Orellana yelled at her and told her that he gave her an order. [redacted] asked PO Orellana why was he screaming and that he should calm down. Then PO Orellana told [redacted] "I will take your ass to jail and I will see that you know what an order means." PO Orellana and [redacted] debated back and forth about whether she should be sitting down or not. Since [redacted]... Read report for details.


Details

Incident: August 5, 1998
Received: August 6, 1998
Closed: August 6, 1998

Reason for contact: Summons/Complainant
Outcome: No arrest made or summons issued