December 11, 2002

Cop suspended for refusing to arrest homeless (Los Angeles Times)
NEW YORK - Amid growing complaints that the New York Police Department is singling out homeless people in anti-crime sweeps, police officials have suspended an officer who refuse! d orders to lock up a homeless man sleeping in a private Manhattan garage.
Officer Eduardo Delacruz was taken off the force for 30 days after telling superiors he would not participate in the arrest of Stephen Neil, 44.  The man had refused a police request to immediately move on or report to a shelter.
Delacruz, who was part of the department’s Homeless Outreach Unit, reportedly had told other officers earlier that he would not take homeless people into custody.  According to a police report, he reiterated that position when other officers began to arrest Neil during the Nov. 22 incident, saying: “I told you before, I’m not going to do it.  I won’t arrest an undomiciled person.”
The suspended policeman stood by his actions Friday, telling the New York Post that his refusal was a matter of principle that “means a lot to a lot of people.”  He has refused all further ! comment about his suspension.
The controversy underscored a growing debate over the way the NYPD monitors homeless people.  Although precise figures are not available, police officials say that the number of homeless arrests for a variety of infractions is increasing, mainly because there have been more encounters between officers and street people.  There are an estimated 37,000 homeless people in New York City, an all-time high.
Police Commissioner Raymond Kelly defended the department’s decision to take away Delacruz’s gun and shield.  Under police guidelines, refusal to follow an order calls for immediate suspension, officials said.  Delacruz, an eight year veteran on the force, will likely face a departmental trial for insubordination.