Complaint #9900728,
February 15, 1999

Officer: Orellana, Johnny
Complainant: Black Male, 37
Allegation: Force: Push/Shove
CCRB Conclusion: Exonerated
Officer: Orellana, Johnny
Complainant: Black Male, 37
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Orellana, Johnny
Complainant: Black Male, 37
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Orellana, Johnny Black Male, 37 Force: Push/Shove Exonerated
Orellana, Johnny Black Male, 37 Discourtesy: Word Unfounded
Orellana, Johnny Black Male, 37 Abuse of Authority: Question and/or stop 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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Summary

On February 15, 1999, [redacted] had left his home and walked [redacted] and her children to the #2 Subway Station on Gun Hill Road.
When they entered the mezzanine area, [redacted] used her children's Metro Cards student passes as payment for their train fare. After [redacted] paid her train fare and passed through the turnstile, she and [redacted] stood between the turnstiles and conversed with each other. Officer Orellana, who was standing inside of the token booth with the clerk, exited and approached [redacted]. Officer Orellana confronted [redacted] about using the student Metro Cards on a holiday (President's Day) for her children. Instead of issuing [redacted] a summons for the infraction, Officer Orellana warned her not to do it again. The officer then walked away and [redacted] stood in the same spot and resumed their conversation.
At approximately 8:15 PM, (several minutes after his initial encounter with [redacted]) Officer Orellana exited the token boot again and yelled at [redacted] "Get out of the turnstiles!" [redacted] walked over to the officer and asked, "What's your problem? Why are you yelling at me?" A verbal altercation ensued between [redacted] and Officer Orellana. [redacted] alleged that during the verbal altercation, Officer Orellana shoved him twice and told him to, "Get the fuck out of here!" [redacted] walked away from the officer and back over to the turnstiles to say good night to [redacted]. [redacted] alleged that when Officer Orellana saw him walk back to the turnstiles he yelled at [redacted] "Didn't I tell you to back up from that spot? The officer then instructed [redacted] not to move. Officer Orellana requested that [redacted] hand over her children's Metro Card passes and asked [redacted] if he had any identification. [redacted] complied. However, when [redacted] informed the officer that he did not have his identification with him, [redacted] was handcuffed and then written a summons for disobeying a lawful order (not moving from the turnstiles when asked by an officer... Read report for details.


Details

Incident: February 15, 1999
Received: February 16, 1999
Closed: May 3, 2000
Outcome: No arrest made or summons issued