Complaint #200310267,
December 27, 2003

Officer: Taylor, Jesse
Complainant: Hispanic Male, 15
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 15-17
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 15-17
Allegation: Force: Pepper spray
CCRB Conclusion: Officer(s) Unidentified
Officer: Nunez, Fabio
Complainant: Black Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Hart, Harvin
Complainant: Black Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Force: Pepper spray
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Nunez, Fabio
Complainant: Black Male, 23
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Hart, Harvin
Complainant: Black Male, 23
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Ramirez, William
Complainant: Hispanic Male, 27
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Alleged Victim Uncooperative
Officer Complainant Allegation CCRB Conclusion
Taylor, Jesse Hispanic Male, 15 Force: Physical force Exonerated
Unknown Officer Hispanic Male, 15-17 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Hispanic Male, 15-17 Force: Pepper spray Officer(s) Unidentified
Nunez, Fabio Black Male, 23 Force: Physical force Alleged Victim Uncooperative
Hart, Harvin Black Male, 23 Force: Physical force Alleged Victim Uncooperative
Unknown Officer Hispanic Male, 25-29 Force: Pepper spray Alleged Victim Uncooperative
Nunez, Fabio Black Male, 23 Abuse of Authority: Vehicle stop Alleged Victim Uncooperative
Hart, Harvin Black Male, 23 Abuse of Authority: Vehicle stop Alleged Victim Uncooperative
Ramirez, William Hispanic Male, 27 Force: Nightstick as club (incl asp & baton) Alleged Victim Uncooperative

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct

Further details on conclusions.


Summary

On December 27, 2003 at approximately 10:30pm, [redacted] was traveling on [redacted] in Manhattan. The back seat passenger of the vehicle was [redacted] but the front seat passenger is unidentified. Officer Fabio Nuñez and Officer Harvin Hart stopped [redacted] (Allegation A and B) because he was driving 20-25 miles per hour over the speed limit. Officer Nuñez approached the driver's side and Officer Hart approached the passenger side. While Officer Nuñez attempted to obtain [redacted]s identification, Officer Hart observed [redacted] make several furtive movements. Officer Hart signaled to Officer Nuñez that something was not right. Officer Nuñez decided to take [redacted] out of the car to gain control of the car. When [redacted] stepped out of the vehicle, he swung at Officer Nuñez causing both to fall on the ground. Officer Hart assisted Officer Nuñez,. Officer Nuñez, Officer Hart and [redacted] started struggling on the ground (Allegation C and D). [redacted] and the other passenger ran away.
Officer Nuñez and Officer Hart noticed a crowd forming to prevent [redacted]s arrest and called for assistance. At the same time, [redacted] was made aware that [redacted] was about to be arrested and ran to the location. He saw [redacted] and the officers wrestling on the ground and approached them to find out what happened. Several units responded and unidentified officers approached [redacted] and allegedly told him to "get out of the fucking way" (Allegation E). [redacted] started walking toward the sidewalk when Officer Jessie Taylor allegedly grabbed [redacted] and threw him to the ground (Allegation F). When he was thrown to the ground, [redacted] sustained an injury to his left leg and a laceration on his nose. Officer Taylor, who was assisted by two additional unidentified officers, handcuffed [redacted] Once he was handcuffed, an unidentified female officer approached [redacted] and sprayed him with pepper spray (Allegation G). [redacted] was transported to the patrol car where he waited for approximately 5... Read report for details.


Details

Incident: December 27, 2003
Received: December 29, 2003
Closed: February 2, 2005

Reason for contact: Moving violation
Location: Street/highway
In NYPD 34th Precinct Manhattan
Outcome: Arrest - disorderly conduct

Witness Officers: Barbara Cook, Joseph Delgado, Johnny Diaz, Margarette Gulinello, Isaac Ngmontalvo, David Noyes, Jamie Pierce, Luis Vidal