{"active":false,"first_name":"Diego","last_name":"Vivar","race":"Hispanic","gender":"Male","rank":"SGT","command":{"command":"NARCBQS","assignment_date":"2020-08-31","id":"132"},"shield_no":5613,"ended_date":"2025-03-03","taxid":"937698","complaint_ids":[201608717,201600089,201501827,201308060,200813929,200716920,200616659],"command_history":[{"command":"067 PCT","id":"67pct"},{"command":"PBBX","id":"PBBX"},{"command":"GANG Q"},{"command":"GANG QS"}],"appt_date":"2005-01-10","middle_initial":"X","shield_no_history":[14600],"lawsuits":[{"name":"Douglas, Julian and Green, Sahel vs City of New York, et al.","start_date":"2019-05-31","disposition_date":"2021-04-20","payout_amount":2000000,"disposition":"Settlement","docket":"709207/2019","court":"Supreme Court - Queens","officer_name":"Vivar, Diego X.","summary":"On March 31, 2015, two people acting in concert killed a woman at her Jamaica, Queens home.  On April 24, 2015, Plaintiff Douglas was charged with the woman's murder, and later, on October 6, 2015, Plaintiff Green was similarly charged with the woman's murder.  The plaintiffs spent a combined 5.5 years incarcerated on Rikers Island.  Meanwhile, the NYPD possessed exculpatory evidence for years.  The plaintiffs were released on March 9, 2018.  The exculpatory evidence showed that the plaintiffs were not at the victim's home when the murder occurred.  \n\nMoreover, the key evidence against the plaintiffs was the result of NYPD coercion.  In particular, Detective Donnell Myers, Detective Stephen Lalchan, and Sergeant Diego Vivar, along with Detectives Daniel Gallagher, Keith Erhart, Anthony Faranda, and Patrick Roach, coerced incriminating testimony against the plaintiffs out of a witness, telling the witness that fabricating evidence against the plaintiffs would allow the witness to keep custody of her daughter.  Sometime before June 14, 2017, the witness recanted her statements, saying that, in reality, she had no reason to think that Plaintiffs Douglas and Green murdered the victim.","documents":[{"url":"https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=ivj5Gb5ngoTbaVE8F97CRQ==","type":"complaint"}]},{"name":"Santos, Christian vs City of New York, et al.","start_date":"2014-10-27","disposition_date":"2015-07-13","payout_amount":0,"disposition":"Settlement","docket":"305606/2014","court":"Supreme Court - Bronx","officer_name":"Diego, Vivar"},{"name":"Christopher, Isaiah vs City of New York, et al.","start_date":"2014-01-28","disposition_date":"2014-10-09","payout_amount":15500,"disposition":"Settlement","docket":"14CV00508","court":"U.S. District Court - Southern District NY","officer_name":"Diego, Vivar","summary":"On August 28th, 2013 Plaintiff was in a livery cab when an unknown individual started shooting at him.  The livery cab driver drove away, and then pulled over.  When Plaintiff ran to seek cover, he was tackled and stomped on by NYPD Officers including Sergeant King, Sergeant Vivar Diego, Police Officers Harris Haskovic and others.  Despite trying to explain the situation, he was stomped on, handcuffed, and punched in the face.  Plaintiff was refused emergency medical treatment and falsely charged.","documents":[{"url":"https://storage.courtlistener.com/recap/gov.uscourts.nysd.422689/gov.uscourts.nysd.422689.5.0.pdf","type":"complaint"}],"url":"https://www.courtlistener.com/docket/17219705/christopher-v-the-city-of-new-york/"}],"discipline":[{"disposition_date":"2015-11-16","case_no":"2015-13874","penalty":"Vacation days (5 days)","charges":[{"desc":"Failed to make adequate entries in activity log.","disposition":"Guilty"},{"desc":"Failed to prepare one or more stop, question and frisk report worksheets.","disposition":"Guilty"},{"desc":"Failed to provide his name and shield number upon request.","disposition":"Nolo contendre"}]},{"case_no":"2011-5471","disposition_date":"2012-05-23","penalty":"Dismissal from the New York City Police Department; however, judgment is suspended and respondent will be placed on dismissal probation for period of one (1) year. Forfeiture of thirty-six (36) pre-trial suspension days, ordered breath testing.","opened_date":"2011-08-10","charges":[{"desc":"While off duty wrongfully operated a motor vehicle under the influence of an intoxicant with a blood alcohol level of .2% BAC","disposition":"Guilty"},{"desc":"While off duty wrongfully operated a motor vehicle under the influence of an intoxicant","disposition":"Guilty"},{"desc":"While off duty wrongfully operated a motor vehicle while his ability was impaired by the consumption of alcohol","disposition":"Guilty"},{"desc":"While off duty wrongfully consumed an intoxicant to the extent that said member was unfit for duty","disposition":"Guilty"}],"documents":[{"name":"Document","url":"https://www.documentcloud.org/documents/4419068-nypd-cases-237.html"},{"name":"IAB Investigation","url":"https://www.documentcloud.org/documents/4418880-nypd-cases-251.html"}]}],"documents":[{"url":"https://www.documentcloud.org/documents/24441170-bronx-notified-officers-list-edited_redacted-redacted_redacted","type":"credibility-finding"}],"id":"VDR5","url":"https://www.50-a.org/officer/VDR5"}