Complaint #200306612,
August 27, 2003

Officer: Bennett, Carl
Complainant: Hispanic Female, 67
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Perez, Luis
Complainant: Hispanic Male, 24
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Substantiated (Charges)
Officer: Perez, Luis
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Charges)
Officer: Nunez, Fabio
Complainant: Hispanic Male, 24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Hart, Harvin
Complainant: Hispanic Male, 24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Bennett, Carl
Complainant: Hispanic Male, 24
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Board Conclusion
Bennett, Carl Hispanic Female, 67 Force: Physical force Exonerated
Perez, Luis Hispanic Male, 24 Force: Hit against inanimate object Substantiated (Charges)
Perez, Luis Hispanic Male, 24 Abuse of Authority: Retaliatory arrest Substantiated (Charges)
CCRB Investigator Recommendation: Unsubstantiated
Nunez, Fabio Hispanic Male, 24 Force: Physical force Exonerated
Hart, Harvin Hispanic Male, 24 Force: Physical force Exonerated
Bennett, Carl Hispanic Male, 24 Force: Physical force Exonerated

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.

Further details on conclusions.


Penalty

Perez, Luis
Command Discipline - A

Summary

On 8/27/04, officers from the 34 precinct responded to a call for an emotionally disturbed woman who had barricaded herself in her apartment at [redacted] Manhattan. This address corresponds to an apartment building where complainant [redacted] resides, and when the officers arrived, [redacted] was asked to inform the officers about the status of the disturbed woman who had at this point had released gas into the building hallway. As [redacted] was providing information, he stood in a vestibule at the entranceway to the apartment building with Sgt. Connolly. Following this interaction with Sgt. Connolly, PO Luis Perez approached [redacted] and said, "who are you?" [redacted] attempted to explain that he lived in the building, however PO Perez commanded him to move. [redacted] continued to explain why he was in the vestibule, however he was immediately seized, pushed into a wall, and arrested for disorderly conduct (Allegations A and B). [redacted] initially identified PO Fabio Nunez as his arresting officer, however the investigation revealed that PO Perez was actually the arresting officer. During his CCRB interview, PO Perez stated that he arrested [redacted] for refusing to move from the vestibule, however the summons listed "violent or threatening behavior" as the reason for the arrest. [redacted] Read report for details.


Details

Incident: August 27, 2003
Received: August 28, 2003
Closed: October 1, 2004

Reason for contact: C/V telephoned PCT
Location: Apartment/house
In NYPD 34th Precinct Manhattan
Outcome: Summons - disorderly conduct

Witness Officers: Denise Connolly