{"incident_date":"2020-06-04","received_date":"2021-01-25","close_date":"2022-02-07","borough":"Bronx","precinct":40,"location_type":"Street/highway","contact_reason":"Demonstration/protest","contact_outcome":"Arrest - other violation/crime","disposition":"Substantiated (Charges)","evidence_bwc":true,"evidence_video":true,"precinct_command_id":"40pct","allegations":[{"fado_type":"Discourtesy","allegation":"Word","victim_age_incident":"25-29","victim_gender":"Male","victim_ethnicity":"White","ccrb_disposition":"Officer(s) Unidentified","id":1118747},{"fado_type":"Force","allegation":"Nightstick as club (incl asp & baton)","victim_age_incident":"30-34","victim_gender":"Male","victim_ethnicity":"Hispanic","ccrb_disposition":"Officer(s) Unidentified","id":1125914},{"fado_type":"Force","allegation":"Pepper spray","victim_age_incident":"25-29","victim_gender":"Male","victim_ethnicity":"White","ccrb_disposition":"Substantiated (Charges)","id":1127605,"officer_id":"XCXX"},{"fado_type":"Force","allegation":"Pepper spray","ccrb_disposition":"Substantiated (Charges)","id":1127607,"officer_id":"XCXX"},{"fado_type":"Force","allegation":"Pepper spray","victim_age_incident":"35-39","victim_gender":"Female","victim_ethnicity":"Black","ccrb_disposition":"Substantiated (Charges)","id":1127612,"officer_id":"XCXX"},{"fado_type":"Force","allegation":"Chokehold","victim_age_incident":"25-29","victim_gender":"Male","victim_ethnicity":"White","ccrb_disposition":"Officer(s) Unidentified","id":1129244},{"fado_type":"Force","allegation":"Restricted Breathing","victim_age_incident":"25-29","victim_gender":"Male","victim_ethnicity":"White","ccrb_disposition":"Officer(s) Unidentified","id":1129245},{"fado_type":"Force","allegation":"Pepper spray","victim_race_legacy":"Unknown","ccrb_disposition":"Substantiated (Charges)","id":1144474,"officer_id":"XCXX"}],"penalties":[{"ccrb_disposition":"Substantiated (Charges)","board_recommendation":"Substantiated (Charges)","apu_plea_penalty":"Forfeit vacation 40 days","apu_case_status":"Closed: Plea set aside, Comm. Disc. B","apu_closing_date":"2023-10-19","nypd_penalty":"Forfeit vacation 10 days / Command Discipline B","nypd_disposition":"APU Command Discipline B","officer_id":"XCXX"}],"documents":[{"url":"https://www.documentcloud.org/documents/24424960-apu_report_q4_2023pdf#document/p6/a2429472","type":"apu-quarterly-report","officer_ids":["XCXX"]},{"url":"https://www.documentcloud.org/documents/25525760-202100606/","type":"closing-report"},{"url":"https://www.documentcloud.org/documents/24424972-202100606-tax964169-apu-final-documentspdf/","type":"plea-agreement","officer_ids":["XCXX"]}],"summary":"On June 4, 2020, at approximately 8:00 p.m., [redacted] his friend [redacted] and two another protesters, [redacted] and [redacted] were in a large crowd of protesters that was kettled by officers at East 136th Street and Brook Avenue in the Mott Haven neighborhood of the Bronx. An unidentified officer swung a baton toward the protesters from across a row of officers on bicycles, striking [redacted] (Allegation A – Force: Baton as Club, [redacted] Officers on top of and around a parked car swung their batons, striking [redacted] and other protesters several times, while screaming \"Get the fuck back\" (addressed in CCRB case [redacted]) Police Officer John Migliaccio of PSA 7 sprayed his pepper spray into a crowd that included [redacted] and [redacted]. An unidentified officer screamed, \"Welcome to the fucking Bronx!\" (Allegation F – Discourtesy: Word, [redacted] went down to the ground and an officer kneeled on [redacted] spine between his shoulder blades (Allegations G and H – Force: Chokehold, Restricted Breathing; [redacted]) and [redacted] were placed in flex cuffs and later released with summonses for violating the mayor's 8:00 p.m. curfew (Board Review 02, 03).\n\nThis case involves allegations of kettling and other concerted enforcement actions performed under the command and supervision of the then Chief of Department Terrance Monahan and Assistant Chief Kenneth Lehr. These allegations are being addressed in case [redacted] Allegations of force (Allegations A, B, C, D, E, G, and H) were pleaded and investigated in this case because they involved allegations of force that went beyond the reasonable scope of Chief Monahan's and Assistant Chief Lehr's order to kettle the crowd. All other alleged uses of force were subsumed into [redacted]","witness_officers":[{"last_name":"Counihan","first_name":"Steven","officer_id":"TNM"},{"last_name":"Deck","first_name":"Joseph","officer_id":"MGTP"},{"last_name":"Dym","first_name":"Eric","officer_id":"A74D"},{"last_name":"Lehr","first_name":"Kenneth","officer_id":"VZQG"},{"last_name":"Rios","first_name":"Nicholas","officer_id":"RMFR"}],"id":202100606,"url":"https://www.50-a.org/complaint/202100606"}