Complaint #200407046,
July 15, 2004

Officer: Green, Cedric
Complainant: Hispanic Male, 40
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Nunez, Osvaldo
Complainant: Hispanic Male, 40
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Nunez, Osvaldo
Complainant: Hispanic Female, 55
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Nunez, Osvaldo
Complainant: Hispanic Male, 40
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer: Nunez, Osvaldo
Complainant: Hispanic Male, 40
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Nunez, Osvaldo
Complainant: Hispanic Male, 40
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unfounded
Officer: Nunez, Osvaldo
Complainant: Hispanic Female, 55
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Hispanic Female, 55-59
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Nunez, Osvaldo
Complainant: Hispanic Female, 55
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Green, Cedric
Complainant: Hispanic Male, 40
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Green, Cedric Hispanic Male, 40 Force: Physical force Exonerated
Nunez, Osvaldo Hispanic Male, 40 Force: Physical force Exonerated
Nunez, Osvaldo Hispanic Female, 55 Discourtesy: Word Exonerated
Nunez, Osvaldo Hispanic Male, 40 Abuse of Authority: Question and/or stop Exonerated
Nunez, Osvaldo Hispanic Male, 40 Force: Pepper spray Exonerated
Nunez, Osvaldo Hispanic Male, 40 Force: Nightstick as club (incl asp & baton) Unfounded
Nunez, Osvaldo Hispanic Female, 55 Force: Nightstick as club (incl asp & baton) Unfounded
Unknown Officer Hispanic Female, 55-59 Force: Physical force Unfounded
Nunez, Osvaldo Hispanic Female, 55 Force: Physical force Exonerated
Green, Cedric Hispanic Male, 40 Discourtesy: Word 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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Summary

On July 15, 2004, [redacted] gave her son, [redacted] thirteen dollars to play lottery numbers at the grocery store. As she waited for him to return, she heard [redacted] yelling in the hallway that there were two men who were killing him. When [redacted] opened the front door, she saw two men in plainclothes, later identified as Sgt. Osvaldo Nunez and PO Cedric Green, on top of [redacted] punching him. [redacted] was face down on the floor outside of her apartment door, while Sgt. Nunez had his leg on [redacted]s back. Sgt. Nunez was lifting [redacted]s upper body with his nightstick across [redacted]s chest. PO Green punched [redacted] in his face for "approximately fifteen minutes." [redacted] pleaded to them not to hit her son because he had an injured back. This seemed to anger Sgt. Nunez who then pushed [redacted] into the wall, and hit her on the hand with his nightstick. Both officers cursed and yelled out "motherfucker" and Sgt. Nunez called [redacted] a "vieja alcahueta," translated as old gossiper. [redacted] ran inside her apartment and called 911. When she ran back to the hallway, Sgt. Nunez presented her his shield, which was around his neck and told her that they were police officers. Both officers continued to hit [redacted] for approximately ten minutes, and then handcuffed him and [redacted].
Uniformed officers responded to the building, and immediately grabbed [redacted], slammed him against the wall and punched him in the face. Uniformed officers also grabbed [redacted] and started beating her as well. [redacted] was unable to describe any of the uniform officers who allegedly assaulted her and [redacted] was handcuffed and transported to the 44th Precinct. [redacted] admitted to seeing a crack pipe on the ground of the entranceway of the building, and she picked it up and tucked it inside her shirt, which was later recovered at the precinct. [redacted] later informed her that officers continued to beat him in the precinct and tell him he was garbage. Read report for details.


Details

Incident: July 15, 2004
Received: July 21, 2004
Closed: January 26, 2005

Reason for contact: PD suspected C/V of violation/crime - street
In NYPD 44th Precinct Bronx
Outcome: Arrest - disorderly conduct

Witness Officers: Alejandro Olan