Ortiz sustained on Excessive force, Negligence of Duty and Improper Procedure!
Hey woman beater your days are number. https://images.app.goo.gl/Tk3S9M3urXv8YNsz5
On 12/11/2017 Internal Affairs received a Complaint Form/RF 121, completed by Sergeant Mario Menegazzo (40820), on behalf of Ms. Lopez, against Captain Ortiz alleging Abusive Treatment and Improper Procedure.
On 06/26/2019 Ms. Lopez responded to the CIP. She explained that at the time she was contacted by CIP Staff, she was still dealing with her injuries, and her criminal case was still open making her fearful of retaliation if she pursued the complaint. Now that Ms. Lopez’s criminal case is closed, she is requesting her original complaint be investigated.
On the date of incident, Captain Ortiz was working a Special Event for SoHo Studio's.
After the Panel voted to investigate this complaint, Ms. Lopez responded to the office and provided a taped statement. She advised on the date of incident she attended Art Basel with Mr. Galan. Ms. Lopez was stopped, looking at her phone for an event they wanted to attend when she heard a commotion. She looked toward the commotion, across the street and behind her, and observed Mr. Galan being handcuffed and sat on the ground with several officers around him. Ms. Lopez asked Mr. Galan "what's going on" and as he was reassuring her, an officer (identified later as Captain Ortiz) approached her and pushed both her shoulders with his two open hands. Ms. Lopez who was wearing a dress with a fur jacket, and 3-4" heals, fell backward onto the ground. When she hit the ground, she had instant pain and knew she had injured her wrist. Ms. Lopez told Captain Ortiz he knocked her down and asked if he was going to help her up. Captain Ortiz said to get herself up. Once Ms. Lopez stood, Captain Ortiz handcuffed her. Ms. Lopez advised Captain Ortiz her left hand hurt, but her injury was not addressed. After some time, Ms. Lopez was transported by police car to a building where she was put into a patty wagon and transported to jail.
Ms. Lopez was diagnosed with a fractured wrist and her left arm was put in a cast.
Ms. Lopez was out of work for 6 weeks while the cast was on and had to change jobs as a result of her injury to a job making less pay.
Ms. Lopez emailed Staff three photographs (not date or time stamped) showing her injuries. The photos were taken after she was released from Jail.
Based on what was documented in the Arrest Affidavit, Ms. Lopez’s injuries, and the Use of Force DO, Staff recommends allegation of Excessive Force be Sustained (DO’s 21.1, 21.1.1, 21.3, 21.5.1, 21.5.1.12.3).
Although clear force was used, Captain Ortiz did not document the incident in a Response to Resistance Report pursuant to DO’s (21.5.3, 21.5.3.3, 21.5.3.4, 21.5.5.1, 21.5.5.4); therefore, Staff recommends an allegation of Negligence of Duty be Sustained.
The Complaint Committee recommended to accept Staff’s recommendations to Sustain Excessive Force and Negligence of Duty.
They also recommended an allegation of Improper Procedure be added and Sustained against Captain Ortiz for failure to provide appropriate medical care consistent with their training to Ms. Lopez who had visible injuries and complained of being injured and in pain (DO 21.5.1.24).
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