Complaint #200403187, April 2004

Incident: April 3, 2004
Received: April 8, 2004
Closed: November 10, 2004

Reason for contact: Other
Location: Street/highway
In NYPD Midtown South Precinct Manhattan
Outcome: Arrest - disorderly conduct

Witness Officers: Carmine Castellano, David Rodriguez, Justin Slater

Officer:	Ayala, Kenneth
Complainant:	Black Male, 33
Allegation:	Force: Pepper spray
CCRB Conclusion:	Substantiated (Charges)
Officer:	Ayala, Kenneth
Complainant:	Black Male, 33
Allegation:	Abuse of Authority: Retaliatory arrest
CCRB Conclusion:	Substantiated (Charges)
Officer:	Unknown Officer
Complainant:	Black Male, 30-34
Allegation:	Discourtesy: Word
CCRB Conclusion:	Exonerated
Officer:	Ayala, Kenneth
Complainant:	Black Male, 34
Allegation:	Abuse of Authority: Threat of arrest
CCRB Conclusion:	Unsubstantiated
Officer:	Ayala, Kenneth
Complainant:	Black Male, 33
Allegation:	Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion:	Substantiated (Charges)

Officer	Complainant	Allegation	CCRB Conclusion
Ayala, Kenneth	Black Male, 33	Force: Pepper spray	Substantiated (Charges)
Ayala, Kenneth	Black Male, 33	Abuse of Authority: Retaliatory arrest	Substantiated (Charges)
Unknown Officer	Black Male, 30-34	Discourtesy: Word	Exonerated
Ayala, Kenneth	Black Male, 34	Abuse of Authority: Threat of arrest	Unsubstantiated
Ayala, Kenneth	Black Male, 33	Abuse of Authority: Refusal to obtain medical treatment	Substantiated (Charges)

Penalty

Ayala, Kenneth

NYPD Conclusion: Negttn-Nolo contendre

Penalty: Vacation: 8 days

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.

'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.