Harlem Woman's Police Brutality Accusations Upheld By Watchdog

HARLEM, NY — A Harlem woman who said she was unlawfully pepper-sprayed by cops after intervening in a case of alleged brutality years ago saw her accusations affirmed by a city watchdog this week.

Mercedes Pope, 32, received the Civilian Complaint Review Board's findings on Monday after a two-year investigation into officers Chardy Alberto and Michael Duchatellier, stemming from her encounter with police in April 2020.

"Their investigation confirmed what I already knew," Pope said at a City Hall press conference. "These two officers committed misconduct and brutality against me and the young people in my neighborhood."

Pope's journey through the system began the night of April 4 about 7 p.m. when she noticed police trying to disperse a group of Black teenage boys near the corner of West 143rd Street and Hamilton Place, she said.

The Harlem woman assumed the cops were enforcing the city's social distancing rules, which were then in full force at the height of the initial COVID-19 surge.

As Pope followed the group into the lobby of a nearby apartment building, she watched an officer lift one of the boys up by his neck, off of his feet, Pope alleged in an affidavit submitted as part of a separate court case in 2020.

Pope reached for her phone to record the police, but one of the officers reached for his pepper-spray first, she said.

"They did not give us any commands, they didn’t ask us to step back or anything — they just pulled out the pepper spray and used it," Pope said.

"I could not breathe, I was in a lot of pain, and I was unable to see,” she said. "It was anxiety-provoking and terrifying.”

Afterwards, the officers simply walked away without offering medical care or making any arrests, Pope said, adding that they refused to provide their names when asked.

The CCRB's findings, presented to Pope on Monday, substantiated seven of her eight combined allegations against the two officers.

Pope's chokehold allegation against Officer Alberto was deemed unfounded, meaning investigators believe it did not occur.

It is unclear from the CCRB's language whether they ruled Alberto hadn't lifted the child or if the alleged grip did not constitute a chokehold. It was also not clear which of the substantiated claims pertained to officers’ actions against Pope, and which related to the group of boys — who Pope believes were between 11 and 14 years old.

Pope's two allegations of unlawful pepper-spraying, a separate charge of physical force, and another charge of making misleading statements were substantiated against Alberto, while her claims of discourteous language were substantiated against both officers.

Both men were working at the NYPD's 30th Precinct in Harlem at the time. Duchatellier has since been reassigned to the Queens court system, while Alberto is still at the 30th, according to NYPD records. Both men had faced misconduct complaints in the past, for offenses ranging from excessive use of a nightstick to an unlawful stop, but none of the accusations had been substantiated.

Pope was joined on the City Hall steps Monday by City Comptroller Brad Lander and Harlem Councilmember Kristin Richardson Jordan, who said she was troubled that police used force against Pope as she observed their conduct.

"I am here to stand in solidarity because I am also a cop-watcher," Richardson Jordan said. "We go out to hold police accountable and are attacked for it."

While Pope's allegations have been substantiated, neither officer has yet faced any discipline. Alberto will face trial at the NYPD's administrative prosecution unit, which is reserved for serious cases, while Duchatellier's case has been referred for internal command discipline — a less serious process that often results in a loss of vacation days.

An NYPD spokesperson said charges against the officers had been served last month, adding: "If a trial is requested, the outcome will be under review by the police commissioner as to the ultimate determination regarding discipline."

That is not enough for advocates from the nonprofit Justice Committee, who organized Pope's news conference and are calling on Mayor Eric Adams or Commissioner Keechant Sewell to fire both officers.

"Mayor Adams, it's on you and Commissioner Sewell," said Tina Luongo, attorney-in-charge of the criminal defense practice at the Legal Aid Society, during Monday's news conference.

"Take the action that is real accountability and promise the safety of cop-watchers going forward."

Reached for comment, a City Hall spokesperson did not address the two officers' employment, but said Adams was committed to police accountability.

"The mayor has been clear that he will give the police the tools they deserve and that they require, but that the men and women who wear a blue uniform will be held accountable to the public that they swore to serve and protect," spokesperson Fabien Levy said. "He stands by the CCRB’s decisions and will not interfere in this independent body’s decisions."

Have a Harlem news tip? Contact reporter Nick Garber at nick.garber@patch.com.