| Officer: | Nunez, Fabio |
|---|---|
| Complainant: | Hispanic Male, 28 |
| Allegation: | Abuse of Authority: Threat of force (verbal or physical) |
| CCRB Conclusion: | Unfounded |
| Officer: | Nunez, Fabio |
| Complainant: | Hispanic Male, 28 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Exonerated |
| Officer: | Hernandez, Juan |
| Complainant: | Hispanic Male, 28 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Exonerated |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Nunez, Fabio | Hispanic Male, 28 | Abuse of Authority: Threat of force (verbal or physical) | Unfounded |
| Nunez, Fabio | Hispanic Male, 28 | Force: Physical force | Exonerated |
| Hernandez, Juan | Hispanic Male, 28 | Force: Physical force | Exonerated |
Further details on conclusions.
On March 17, 2005, at approximately 3:55 p.m., [redacted] walked out of [redacted] in Manhattan along with [redacted] and they proceeded to walk to the corner of [redacted] and met [redacted] in front of [redacted] which is located at [redacted]. [redacted] stated that these individuals do not wish to cooperate with this investigation. As [redacted] spoke with the aforementioned individuals, he observed that Sgt. Juan Hernandez and PO Fabio Nuñez were driving along [redacted] in a marked police vehicle. [redacted] stated that on June 2004, he was arrested by Sgt. Hernandez and "processed through the court system without being charged with a crime." Upon making eye contact with Sgt. Hernandez, [redacted] noticed that the marked police vehicle made a "U-turn" and the officers parked in front of the furniture store. From inside the marked police vehicle, which was parked approximately ten feet away from [redacted] Sgt. Hernandez asked him if he did not like "to be looked at in the street." [redacted] asked Sgt. Hernandez, "Don't you have anything better to do?" [redacted] turned his back to Sgt. Hernandez and in a loud tone of voice he told his friends, "This cocksucker has nothing better to do."
Sgt. Hernandez approached [redacted] and asked him to provide identification. Without hesitation, [redacted] provided Sgt. Hernandez with his driver's license. When Sgt. Hernandez returned to his vehicle, [redacted] once again told his friends, "This cocksucker has nothing better to do." At this point, Sgt. Hernandez ran out of his vehicle, grabbed [redacted] by his right arm and placed him against the marked police vehicle. Sgt. Hernandez placed [redacted] s right arm behind his back while stating, "Stop resisting. If you keep resisting I'm going to break your arm." [redacted] denied resisting at any point. At the same time, PO Nuñez approached [redacted] and placed his left arm behind his back. When Sgt. Hernandez told [redacted] that he could break his arm if he continued to resist, PO Nuñez said, "Oh, break his arm"...
Read report for details.