{"incident_date":"2014-09-01","received_date":"2015-10-19","close_date":"2016-08-29","borough":"Bronx","precinct":46,"location_type":"Street/highway","contact_reason":"C/V requested investigation of crime","contact_outcome":"Arrest - other violation/crime","disposition":"Substantiated (Charges)","evidence_bwc":false,"evidence_video":true,"precinct_command_id":"46pct","allegations":[{"fado_type":"Force","allegation":"Nightstick as club (incl asp & baton)","victim_age_incident":32,"victim_gender":"Male","victim_ethnicity":"Hispanic","ccrb_disposition":"Substantiated (Charges)","id":932585,"officer_id":"4S95"},{"fado_type":"Force","allegation":"Physical force","victim_age_incident":"25-29","victim_gender":"Female","victim_ethnicity":"Hispanic","ccrb_disposition":"Exonerated","id":935395},{"fado_type":"Force","allegation":"Pepper spray","victim_gender":"Male","victim_race_legacy":"Unknown","ccrb_disposition":"Victim Unidentified","id":935397},{"fado_type":"Force","allegation":"Physical force","victim_age_incident":"30-34","victim_gender":"Male","victim_ethnicity":"Hispanic","ccrb_disposition":"Officer(s) Unidentified","id":956287},{"fado_type":"Abuse of Authority","allegation":"Refusal to obtain medical treatment","victim_age_incident":32,"victim_gender":"Male","victim_ethnicity":"Hispanic","ccrb_disposition":"Unsubstantiated","id":956290,"officer_id":"WM89"},{"fado_type":"Force","allegation":"Physical force","victim_age_incident":32,"victim_gender":"Male","victim_ethnicity":"Hispanic","ccrb_disposition":"Exonerated","id":958105,"officer_id":"4S95"}],"penalties":[{"ccrb_disposition":"Substantiated (Charges)","apu_trial_ccrb_recommended_penalty":"Dismissal Probation","apu_case_status":"Closed: Not guilty after trial-PC Approved","apu_closing_date":"2017-09-29","nypd_disposition":"APU Not guilty","officer_id":"4S95"}],"documents":[{"url":"https://www.documentcloud.org/documents/24179232-201508892_redactedclosingreport_redacted","type":"closing-report"}],"summary":"On September 1, 2014, at approximately 5:26 a.m., officers from the 46th Precinct arrived at El Divo Lounge, located at 217 East Tremont Avenue in the Bronx, and ordered everyone to leave. When [redacted] and his wife, [redacted] exited the lounge, [redacted] observed an unidentified individual lying face down on the ground in handcuffs. [redacted] believed the individual had been pepper sprayed because something in the air bothered his eyes (Allegation A). A crowd had formed in front of El Divo Lounge, and some people were recording the incident on their cell phones. [redacted] took out his cell phone and began recording.\n\nOfficers instructed the crowd of approximately six or seven individuals to back up. PO Newman approached [redacted] placed one hand on [redacted]'s chest, and forcefully pushed him (Allegation B). At the same time, PO Newman struck [redacted] with his baton on [redacted]'s left knee (Allegation C). PO Newman continued to push [redacted] who was still recording on his cell phone, and to strike [redacted] with the baton approximately four or five more times all over his body, including his knees, back, upper arms, torso, and head (within Allegation C).\n\nAdditional unidentified officers arrived and grabbed [redacted] by his left arm and legs. PO Newman continued to strike him with the baton (within Allegation C). [redacted] attempted to intervene by placing herself between [redacted] and PO Newman, and an unidentified officer pushed [redacted] back (Allegation D). Unidentified officers then threw [redacted] to the ground (Allegation E). [redacted] was arrested for resisting arrest and obstructing governmental administration (Board Review 01). [redacted] was not arrested or summonsed.\n\n[redacted] was transported to the 46th Precinct stationhouse by PO Ruben Cuesta and PO Jose Florez-Fernandez from that command. There, [redacted] informed PO Florez-Fernandez that he wanted to go to the hospital. PO Florez-Fernandez placed [redacted] inside a holding cell, and allegedly ignored [redacted]'s request...","witness_officers":[{"last_name":"Cuesta","first_name":"Ruben","officer_id":"P2JB"},{"last_name":"Duncan","first_name":"Elisha","officer_id":"E6BX"},{"last_name":"Monier","first_name":"Scott","officer_id":"T4ZB"},{"last_name":"Rodriguez","first_name":"Moises","officer_id":"G4D9"},{"last_name":"Santana","first_name":"Jason","officer_id":"87FH"},{"last_name":"Simpson","first_name":"Michael","officer_id":"PE67"}],"id":201508892,"updated_date":"2025-10-02T13:04:00.971Z","url":"https://www.50-a.org/complaint/201508892"}