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Detective Accused of Terrorizing Bronx Neighborhood Claims It's a Set Up

By Ben Fractenberg | August 24, 2017 7:08pm
 Det. David Terrell has been accused of excessive force and civil rights violations in 11 active lawsuits.
Det. David Terrell has been accused of excessive force and civil rights violations in 11 active lawsuits.
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Courtesy of John Scola

THE BRONX — The detective accused of intimidating witnesses and sexually harassing young mothers in Morrisania claims he's the victim of a conspiracy between unscrupulous lawyers and dangerous street gangs geared toward quick payouts from frivolous lawsuits, according to a $175 million notice of intent to sue the city.

Det. David Terrell, 44, a 15-year-veteran of the police department who has specialized in investigating violent street crews, charges that the lawyer and the private detective working to clear 18-year-old Pedro Hernandez currently on trial in connection to a shooting and grand larceny case have created a "cottage industry" in going after individual officers.

The officer said that because of false allegations his name has been ruined. 

"The only thing you have in life is your name," Terrell said. "It's gonna be hard for me to be a cop in the street whenever anyone can Google my name."

He added that he knew Hernandez was a "really bad kid" and "100 percent" involved in gang activity. 

"Not a good kid despite what everybody wants to believe," he said.

"In essence, alleged unethical private investigators and legal counsel conspire to with the targeted criminal enterprise using public apathy toward litigation costs related to police misconduct stealing taxpayers' monies through bogus legal fees and modest settlements," Terrell's lawyer, Eric Sanders, said in the notice of claim.

Specifically, Terrell cites work that he did as a Field Intelligence Officer gathering information on gang-related enterprises, which helped the investigation of the 18-member Hilltop Gang, which his lawyer said was led by Hernandez.

Terrell says that the violence that he was combating in the area stems from a power struggle between the Hilltop Gang, the Wash Side Crew and the B-Road Crew for the drug and gun trade in the neighborhood.

Terrell also worked to take down the Lyman Place Crew, a gang affiliated with the Hilltop Gang, in 2015, which led to a 57-felony-count indictment against 15 members including ringleaders "Sal Capone" and "Mal Pacino".

"He is trained to utilize all available legal tools even unorthodox, to develop such intelligence including interacting with gang members and the community," Sanders said, adding that Terrell has testified in more than 15 cases in The Bronx. 

Terrell has been sued numerous times since 2005 for use of excessive force in both Brooklyn and The Bronx, and is the defendant in at least 11 open lawsuits.

“The Department does not offer members of the service extra-legal job protections or individual conflict free legal counsel choosing to defend the municipality over the member of the service often leading to the payment of bogus legal fees, modest settlements and individual contributions from affected members of the service,” Terrell claimed in the filing.

The Hilltop Gang had hired ex-NYPD officer Manuel Gomez and the law firm Nwokoro & Scola to feed false information about Terrell to the media to ensure “jurors remain apathetic towards police misconduct” and to get large civil settlements, Terrell's lawyer said.

The officer also denied allegations that he ever made inappropriate sexual advances toward women. 

"Never ever in my life," Terrell said. "Never ever."

Sanders added that Terrell “never interviewed, assisted, arrested” or participated in the arrest of Hernandez.

Advocates have compared Hernandez to Kalief Browder, a young man who committed suicide after spending years in solitary confinement on Rikers Island after his family could not afford bail when he was accused of stealing a backpack. 

A human rights group posted bail for Hernandez in July after a Bronx judge lowered it from $255,000 to $100,000 after the teen was charged in July 2016 and refused to take a plea deal, claiming his innocence. 

Mayor Bill de Blasio’s office said they have actively worked to reduce settling lawsuits. 

“This administration has improved the city’s fact-finding process, filed more motions to dismiss cases, and added resources and personnel to reduce settlements and challenge more frivolous allegations,” spokesman Austin Finan said in a statement. 

At the same time, the spokesman said that the administration does not condone abusive behavior by officers. 

“The NYPD’s Internal Affairs Bureau is investigating Detective David Terrell, who is currently on modified duty," Finan added. "The alleged misconduct is not the type of behavior that is accepted by the NYPD and this Administration.”

The city's law department also said they challenge allegations against officers. 

“The City will review and evaluate the notice of claim. But to be clear, it is the City’s policy to vigorously contest any and all lawsuits against police officers that are utterly lacking in merit," Law Department spokesman Nick Paolucci said in a statement.

"Over the past few years, we have taken an increasing number of cases to trial with a strong record of success and we have witnessed a marked decline in new cases filed.”

Hernandez’s lawyer did not return an immediate request for comment.

The NYPD also did not return an immediate request for comment. 

Terrell said he has worked with children in Bronx schools and was doing community policing before the NYPD made it a priority. He added that he has made more than 1,000 arrests in his career, showing how effective he has been. 

“I would say I’m an aggressive police officer that wants to make a difference, but I’m not a criminal."