{"active":false,"first_name":"Robert","last_name":"Nardi","race":"White","gender":"Male","rank":"DT1","command":{"command":"044 DET","id":"44det"},"shield_no":4891,"ended_date":"2012-09-04","taxid":"908556","complaint_ids":[200609406,6394325],"appt_date":"1981-10-20","lawsuits":[{"officer_name":"Nardi, Robert","start_date":"2018-05-02","court":"U.S. District Court - Southern District NY","docket":"18CV03432","name":"Hincapie, Johnny vs City of New York, et al.","county":"['New York (Manhattan)']","summary":"On September 3, 1990, Plaintiff Johnny Hincapie was falsely arrested for a felony murder that occurred the previous day in midtown Manhattan. At the time of his arrest, Plaintiff had a verbal IQ of 88 (impaired level) and was diagnosed with perceptual problems that made him susceptible to suggestibility. On September 2 1990, Plaintiff Johnny Hincapie took the subway from Queens to the subway station at 53rd Street and 7th Avenue in Midtown Manhattan with a group of teenagers headed to a DJ party at Roseland Ballroom. As the group, including Plaintiff, exited the subway station to street level, some of the teenagers targeted a tourist family, the Watkins, for a mugging in the subway. Two of the teens were armed with knives and they fatally stabbed Brian Watkins in the chest to steal his wallet, containing $200.  The muggers, initially described as a group of five perpretators, used the stolen money to purchase tickets to Roseland. Plaintiff was upstairs on the turnstile level with Luis Montero and two girls while the mugging took place.  Police arrested Anthony Andeson and Luis Montero at Roseland based on eyewitness ID, and they were later identified by the Watkins family in a show up. At the precinct, Anderson made a videotaped confession but did not mention Plaintiff. Montero was beaten across four separate interrogation sessions that were not recorded, during which he refused to falsely confess. Then Ricardo Nova and Pascual Carpenter were taken into custody, producing statements that named Plaintiff as a member of the group traveling from Queens. Carpenter told Assistant District Attorney Donna Henken that he was not Mirandized before his confession and that his statement was falsified by Defendant Detectives Casey and Gonzalez. By midday on September 3, three more suspects were interrogated (Emiliano Fernandez, Yull Gary Morales, and Ricardo Lopez). Officers Rizzo, Santoro, and Christie caused Emiliano Fernandez to mention \"Johnny\" in his statement after it was initially made. Defendant Swenson prepared a police report that falsely stated that Ricardo Lopez named seven others, including Plaintiff, who \"stayed behind\" to participate in the crime. Then, Officers Ali and Christie, and Detective James Cospito left the Midtown North precinct to arrest Plaintiff in Queens.\n\nOn September 3, 1990, Defendants Casey, Christie, Gonzalez, and Ali forced Plaintiff to falsely confess to vague, bystander-like participation in the crime and knowledge of its planning, on the false promise by Defendants that Plaintiff would be taken straight home. Unlike the other suspects who were permitted to write their own statements, Plaintiff's statement was drafted in the third person by Defendant Christie, who directed Plaintiff to sign it. Plaintiff's interrogation was not recorded, but he gave a recorded statement to the ADA Henken, where, in a trance-like state, he issued internally-inconsistent, confused, largely one-word affirmative answers to leading questions. At no time did anyone positively ID Plaintiff as a participant in the crime. Plaintiff was sentenced to 25 years to life. In November 2013, Plaintiff's CPL 440.10 motion asserting actual innocence was filed, resulting in the overturning of his conviction, in part on the exculpatory evidence given by an eyewitness who knew Plaintiff was innocent but did not come forward at the time of his conviction.","incident_location":"Bus/Subway, Precinct","allegations":["Excessive force/assault and battery","Failure to intervene","False arrest/False imprisonment","Intentional infliction of emotional distress","Malicious prosecution","Negligent infliction of emotional distress","Violation of equal protection"],"types_force":["Non-weapon physical force"],"defendant_types":["District Attorney or their staff","NYPD"],"documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nysd.492276/gov.uscourts.nysd.492276.97.0.pdf","type":"complaint"}],"payout_amount":0,"url":"https://www.courtlistener.com/docket/6625746/hincapie-v-city-of-new-york/"}],"id":"N2G3","url":"https://www.50-a.org/officer/N2G3"}