NYPD Officer To Be Disciplined For Apprehending And Arresting 11-Year-Old Without Valid Reason

Mocobizscene-  During a disciplinary hearing held at NYPD headquarters, the young boy recounted how he had begged the officer not to arrest him that fateful night in the Bronx back in 2019.

“I yelled, ‘I’m just a kid!'” the youth, who is now 16, recalled.

Lt. Francy Monestime, the officer who arrested him, is now facing disciplinary charges. The city’s police watchdog agency thoroughly investigated the incident, the Civilian Complaint Review Board, which concluded that he had used excessive force, unlawfully stopped and arrested the boy, and provided false information to investigators.

An attorney from the watchdog group is currently presenting evidence to an administrative judge in order to establish that Monestime engaged in improper conduct. Ultimately, the decision on whether Monestime should face disciplinary action will be made by NYPD Commissioner Edward Caban. A spokesperson for the department has declined to provide any further comments on the case, noting that the disciplinary process is still underway.

The attorney representing the lieutenant, Marissa Gillespie, asserts that her client was acting in good faith when he responded to a tense situation, where he believed an individual was armed. She further denies any claims that Lieutenant Monestime made false statements or attempted to conceal the events that transpired.

According to Gillespie, Monestime made sure to share the details of what occurred that day with anyone who would lend an ear. To ensure accuracy and transparency, Monestime took several steps, including writing a comprehensive four-page memo, completing a stop report, and consulting with the NYPD’s legal department. Additionally, he made a point of describing the incident to the Civilian Complaint Review Board (CCRB).

Monestime did not give testimony on Thursday, but it is anticipated that he will address the hearing in the near future.

During the hearing, the 11-year-old testified that on July 28, 2019, he and a few of his friends were engaged in a game of basketball on a fenced-in court in the Bronx. Suddenly, he heard a commotion and was compelled to investigate. He approached the sidewalk to ascertain the cause of the disturbance. To his surprise, he witnessed a group outside the court vehemently shouting at the police officers and even hurling bottles in their direction.

According to the boy, he heard the officers calling for backup. As more police arrived, the crowd started to scatter, prompting him to join in the fleeing.

“I was scared and started running because a large group of people was running towards me,” he explained. “Being only 11 years old at the time, it was a natural reaction for me.”

According to Gillespie, her client received a request for assistance from officers who claimed to have spotted an armed man. The officer pursued and apprehended the boy based on the assumption that he was carrying a firearm, simply because he was seen running.

Monestime apprehended the boy and sought out additional officers for further details, as recounted by Gillespie. However, the situation grew tense, with the crowd becoming increasingly agitated. As a result, supervisors instructed everyone to vacate the area.

After the incident, the young boy was escorted by another officer to the police station. There, he was securely handcuffed to a bench and subjected to an inquiry regarding the events that transpired. During the questioning, one of the officers inquired about the boy’s identity and requested his mother’s phone number.

His mom came to pick him up around 30 minutes to an hour later. Law enforcement decided not to press charges against him.

After being arrested, the boy and his family decided to leave New York and relocate to North Carolina in order to find a more favorable environment.

In his sophomore year of high school, the teenager joined a video conference call with the courtroom located at 1 Police Plaza in lower Manhattan. The large screen displayed a close-up of his face, with a few short dreadlocks falling over his forehead and partially obscuring his eyes.

The incident had a deep impact on the teenager, leaving him traumatized and fearful. It caused him to withdraw from activities such as playing basketball and going to the park until he eventually moved away. Even now, he experiences anxiety whenever he encounters police officers.

“I was taken into custody, and it was not something I expected,” he expressed. “I was just a young individual who found themselves in a situation where I was apprehended.”

According to court testimony, the city agreed to a settlement of $150,000 after the boy’s family filed a lawsuit against them.

According to the records of the department, Monestime has been promoted to the position of lieutenant and is currently working in the NYPD’s management analysis section. Since joining the department in 2008, he has received four civilian complaints, but this is the first time that investigators have substantiated any of them, indicating that they have found evidence of policy violations.

Monestime’s officer profile on the NYPD’s website reveals that he has been honored with six awards for exceptional or commendable police duty.

Monestime, a current law student at Fordham University Law School, recently published a thought-provoking law review article that critiques the CCRB for releasing unverified complaints against NYPD officers. In his article, he raises concerns about the impact of the watchdog agency’s complaint database, suggesting that it may be one of the reasons behind the departure of officers from the department. Moreover, he argues that this database has the potential to unfairly tarnish the reputation of officers who have not actually violated any policies.

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