Complaint #200100569,
January 27, 2001

Officer: Nunez, Osvaldo
Complainant: Hispanic Male, 33
Allegation: Force: Radio as club
CCRB Conclusion: Substantiated (Charges)
Officer: Nunez, Osvaldo
Complainant: Hispanic Male, 33
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Nunez, Osvaldo
Complainant: Hispanic Male, 33
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Nunez, Osvaldo
Complainant: Hispanic Male, 33
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Nunez, Osvaldo Hispanic Male, 33 Force: Radio as club Substantiated (Charges)
Nunez, Osvaldo Hispanic Male, 33 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Nunez, Osvaldo Hispanic Male, 33 Abuse of Authority: Question and/or stop Exonerated
Nunez, Osvaldo Hispanic Male, 33 Abuse of Authority: Strip-searched Unsubstantiated

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Summary

On January 27, 2001, [redacted] was walking around uptown Manhattan, at approximately 8:00 PM. [redacted] had a fight with his wife, [redacted] and decided to go for a walk. He took the F train to 42nd Street and then took the 5 to 125th Street. [redacted] stated that he got off at 125th Street because he did not want to ride the train any longer. There was nothing that prompted him to get off of the train. [redacted] and his wife reside together in the Lower East Side, in Manhattan. [redacted] walked to a store on the corner of Broadway and 140th Street and bought potato chips. He stood outside the store eating the potato chips. There were approximately thirty other people on the corner, all of whom were male Hispanics.
As [redacted] stood on the corner, a green four-door car pulled up to the scene. The passenger of the vehicle, later identified as PO Ulan, and an officer who was in the back seat, later identified as PO Nunez, exited the car and yelled, "Freeze." The officers then ran toward the crowd. [redacted] and about five or six other males ran from the officers. [redacted] stated that he ran [redacted] stated that he also ran because he did not have any identification with him.
[redacted] ran approximately half a block before the officers caught up with him. When he realized that he was going to get caught, and that he had no reason to run, he stopped and put his hands in the air. PO Nunez placed his left arm around [redacted]s stomach area and then struck him approximately six times in the back of the head with a radio that was in his right hand. PO Nunez had [redacted] in a bear hug and tackled him to the ground. [redacted] was lying face down on the ground and PO Nunez was on top of him. PO Nunez put [redacted]s left arm behind his back and placed it in handcuffs. PO Nunez continued to strike [redacted] in the back of the head with the radio. PO Ulan approached and put [redacted]s right arm in handcuffs. [redacted] willingly put his hands behind his back; he did not resist the officers. As PO Ulan... Read report for details.


Details

Incident: January 27, 2001
Received: January 28, 2001
Closed: March 11, 2002

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 30th Precinct Manhattan
Outcome: Summons - disorderly conduct

Witness Officers: Michael Demarco, Gerald Ferguson, Frank Galan, Robert Lenahan, Alex Martinez, Josh Ulan