| Officer: | Hart, Harvin |
|---|---|
| Complainant: | Male, 26 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Exonerated |
| Officer: | Nunez, Fabio |
| Complainant: | Male, 26 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Exonerated |
| Officer: | Hernandez, Juan |
| Complainant: | Male, 26 |
| Allegation: | Abuse of Authority: Question and/or stop |
| CCRB Conclusion: | Exonerated |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Hart, Harvin | Male, 26 | Force: Physical force | Exonerated |
| Nunez, Fabio | Male, 26 | Force: Physical force | Exonerated |
| Hernandez, Juan | Male, 26 | Abuse of Authority: Question and/or stop | Exonerated |
Further details on conclusions.
According to [redacted] on December 31, 2004, at 12:30 PM, he visited his friend [redacted] at [redacted] in Manhattan to retrieve musical compact discs. While standing at the building's front entrance and using the intercom to call [redacted] he observed three uniformed officers, (identified by this investigation as) Sgt. Juan Hernandez and Officers Harvin Hart and Fabio Nunez, pull up to the curb in front of the building. PO Hart spoke to [redacted] through the open passenger door window and asked, "Do you live here and do you have identification." [redacted] responded, "I don't live here and I don't have identification." As PO Hart and the other two officers exited their vehicle, PO Hart instructed [redacted] to move away from the entrance of the building. According to [redacted] as he complied with the officer's instructions, he responded, "I'll move, but I'm waiting for a friend." [redacted] stated that as he moved from the entrance to the curb, PO Hart approached him and asked several times, "Have you ever been slapped before?" [redacted] responded, "Go ahead and slap me. If you slap me, I'll call Internal Affairs." [redacted] added that a crowd had gathered.
At this point, PO Hart grabbed [redacted] Is jacket at the chest, lifted him off the ground, and carried him from the curb to the wall of the building, approximately two car lengths away. PO Hart then pushed [redacted] face-first against the wall and frisked him. The frisk revealed no weapons. As PO Hart frisked him, [redacted] admitted to cursing at the officers calling them, "Fucking assholes." Sgt. Hernandez told [redacted] to calm down. PO Hart then handcuffed [redacted] and escorted him to the police car, but he continued to turn his body around as the officer attempted to place him inside the vehicle. PO Hart held [redacted] by the arms and pushed him inside the vehicle as PO Nunez kicked his left knee "lightly" three times, trying to get his leg inside the vehicle. [redacted] was transported to the 34th Precinct stationhouse without further...
Read report for details.