Benito Cruz

Badge #1486, Hispanic Male
Police Officer at Patrol Borough Bronx South Public Safety Teams since April 2022, active
Service started July 2014, made $139,000 last year, Tax #956557

Substantiated Allegations:
Force: Physical force
Abuse of Authority: Frisk
Abuse of Authority: Refusal to provide name
Abuse of Authority: Refusal to provide shield number
Abuse of Authority: Vehicle search
Discourtesy: Word
Offensive Language: Gender
Offensive Language: Race
Untruthful Statement: Misleading official statement

Discipline Cases:

Case: 2019-21452
Closed: 12/26/2019

View Details

Lawsuit settlements:
$22,500   Cullins, Desmond vs City of New York, et al., 2022 BCSC BCSC 800440/2022E
$45,000   Mcneill, James vs City of New York, et Al,, 2021 BCSC BCSC 814529/2021E
$25,000   Delgado, Jarrett vs City of New York, 2021 BCSC BCSC 814092/2021E
$17,500   Grant, Fitzroy vs City of New York, et al., 2021 BCSC BCSC 802122/2021E
$17,500   Grant, Johnathan vs City of New York, et al., 2020 BCSC BCSC 030730/2020E
View Details

Complaints

6 Complaints
21 Allegations
9 Substantiated
5 Substantiated (Charges)
4 Substantiated (Command Discipline A)
1 Complainant Unavailable
1 Complainant Uncooperative
1 Exonerated
4 Unable to Determine
1 Unsubstantiated
4 Within NYPD Guidelines

Complaint #202308764, September 2023
Allegation: Force: Physical force
Complainant: Male, 18-20
CCRB Conclusion: Complainant Unavailable
additional details

Complaint #202204225, June 2022
Allegation: Abuse of Authority: Question
Complainant: Black Male, 25-29
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Search (of person)
Complainant: Black Male, 25-29
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Vehicle search
Complainant: Black Male, 25-29
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Frisk
Complainant: Black Male, 25-29
CCRB Conclusion: Unable to Determine
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 25-29
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 21-24
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Vehicle stop
Complainant: Black Male, 21-24
CCRB Conclusion: Within NYPD Guidelines
Allegation: Abuse of Authority: Vehicle stop
Complainant: Hispanic Male, 25-29
CCRB Conclusion: Within NYPD Guidelines
additional details

Complaint #202203710, June 2022
Allegation: Abuse of Authority: Refusal to provide shield number
Complainant: Hispanic Male, 25-29
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Refusal to provide name
Complainant: Hispanic Male, 25-29
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Abuse of Authority: Vehicle search
Complainant: Male, 45-49
CCRB Conclusion: Substantiated (Command Discipline A)
Allegation: Untruthful Statement: Misleading official statement
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Frisk
Complainant: Hispanic Male, 25-29
CCRB Conclusion: Substantiated (Command Discipline A)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details

Complaint #202100733, January 2021
Allegation: Force: Physical force
Complainant: White Male, 45-49
CCRB Conclusion: Complainant Uncooperative
additional details

Complaint #201806550, July 2018
Allegation: Offensive Language: Gender
Complainant: Black Male, 25
CCRB Conclusion: Substantiated (Charges)
Allegation: Offensive Language: Race
Complainant: Black Male, 25
CCRB Conclusion: Substantiated (Charges)
Allegation: Discourtesy: Word
Complainant: Black Male, 25
CCRB Conclusion: Substantiated (Charges)
Allegation: Force: Physical force
Complainant: Black Male, 25
CCRB Conclusion: Substantiated (Charges)
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
NYPD Conclusion: APU Guilty
APU Case Status: Closed: Guilty after trial, April 2022
Penalty: Dismissal Probation 365 days / Suspension 30 days / Forfeit vacation 45 days
Documents: Complaint Closing Report
APU Quarterly Report summary
additional details

Complaint #201506382, June 2015
Allegation: Discourtesy: Word
Complainant: Hispanic Male, 35
CCRB Conclusion: Unsubstantiated
additional details

Complaint #202308764, September 2023
Allegation Complainant CCRB Conclusion
Force: Physical force Male, 18-20 Complainant Unavailable
additional details
Complaint #202204225, June 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Question Black Male, 25-29 Unable to Determine
Abuse of Authority: Search (of person) Black Male, 25-29 Unable to Determine
Abuse of Authority: Vehicle search Black Male, 25-29 Unable to Determine
Abuse of Authority: Frisk Black Male, 25-29 Unable to Determine
Abuse of Authority: Vehicle stop Black Male, 25-29 Within NYPD Guidelines
Abuse of Authority: Vehicle stop Black Male, 21-24 Within NYPD Guidelines
Abuse of Authority: Vehicle stop Black Male, 21-24 Within NYPD Guidelines
Abuse of Authority: Vehicle stop Hispanic Male, 25-29 Within NYPD Guidelines
additional details
Complaint #202203710, June 2022
Allegation Complainant CCRB Conclusion
Abuse of Authority: Refusal to provide shield number Hispanic Male, 25-29 Substantiated (Command Discipline A)
Abuse of Authority: Refusal to provide name Hispanic Male, 25-29 Substantiated (Command Discipline A)
Abuse of Authority: Vehicle search Male, 45-49 Substantiated (Command Discipline A)
Untruthful Statement: Misleading official statement Substantiated (Charges)
Abuse of Authority: Frisk Hispanic Male, 25-29 Substantiated (Command Discipline A)
APU Case Status: Pending
Penalty: APU - Decision Pending
additional details
Complaint #202100733, January 2021
Allegation Complainant CCRB Conclusion
Force: Physical force White Male, 45-49 Complainant Uncooperative
additional details
Complaint #201806550, July 2018
Allegation Complainant CCRB Conclusion
Offensive Language: Gender Black Male, 25 Substantiated (Charges)
Offensive Language: Race Black Male, 25 Substantiated (Charges)
Discourtesy: Word Black Male, 25 Substantiated (Charges)
Force: Physical force Black Male, 25 Substantiated (Charges)
Abuse of Authority: Threat of force (verbal or physical) Exonerated
NYPD Conclusion: APU Guilty
APU Case Status: Closed: Guilty after trial, April 2022
Penalty: Dismissal Probation 365 days / Suspension 30 days / Forfeit vacation 45 days
Documents: Complaint Closing Report
APU Quarterly Report summary
additional details
Complaint #201506382, June 2015
Allegation Complainant CCRB Conclusion
Discourtesy: Word Hispanic Male, 35 Unsubstantiated
additional details

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unable to Determine': CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.
'Within NYPD Guidelines': The alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

Further details on conclusion definitions.


Discipline

Case: 2019-21452
Closed: 12/26/2019
Case Details:
  1. Guilty: Wrongfully used physical force.
  2. Guilty: Wrongfully used offensive language towards an individual known to the Department (race, religion, ethnicity, gender identity, sexual orientation, age, or disability).
Penalty: Dismissal probation (12 months), pre-trial suspension days (30 days), vacation days (45 days)


Lawsuits

Named in 7 known lawsuits, $127,500 total settlements.

Knight, Xavier vs City of New York
Case # 814432/2023E, Supreme Court - Bronx, September 20, 2023

Williams, Joshia, et al. vs City of New York, et al.
Case # 811751/2023E, Supreme Court - Bronx, August 8, 2023

Cullins, Desmond vs City of New York, et al.
Case # 800440/2022E, Supreme Court - Bronx, February 3, 2022, ended February 28, 2023
$22,500 Settlement

Mcneill, James vs City of New York, et Al,
Case # 814529/2021E, Supreme Court - Bronx, October 26, 2021, ended May 27, 2022
$45,000 Settlement

Delgado, Jarrett vs City of New York
Case # 814092/2021E, Supreme Court - Bronx, October 18, 2021, ended March 2, 2022
$25,000 Settlement
Complaint
Description: On October 2, 2020, Plaintiff was approached by P.O.s including Officers Daniel Mardjonovic and Benito Cruz and stopped, searched, grabbed, assaulted, battered, and detained. In the course of the arrest, Plaintiff was handled in an egregious manner and experienced injury to the head, neck, back, body and limbs. Plaintiff was subjected to a strip search and remained incarcerated for over 24 hours. After being prosecuted on false charges, all charges against Plaintiff were terminated favorably.

Grant, Fitzroy vs City of New York, et al.
Case # 802122/2021E, Supreme Court - Bronx, February 25, 2021, ended April 27, 2022
$17,500 Settlement
Complaint
Description: On October 26, 2019, in an unspecified location, Defendants Officers Benito Cruz and Reuben Serrano falsely arrested Plaintiff Fitzroy Grant and accused him of criminal possession of a weapon. Defendant Officers handcuffed Plaintiff and threatened him with the use of possible physical force and took Plaintiff to the 40th precinct, and finally to Bronx Central Booking for arraignment.

Grant, Johnathan vs City of New York, et al.
Case # 030730/2020E, Supreme Court - Bronx, October 13, 2020, ended April 27, 2022
$17,500 Settlement

Other Documents