Complaint #200506702,
June 12, 2005

Officer: Nunez, Osvaldo
Complainant: Male, 34
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Nunez, Osvaldo
Complainant: Male, 34
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Timney, Raymond
Complainant: Male, 34
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Loftus, John
Complainant: Male, 34
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Nunez, Osvaldo Male, 34 Force: Physical force Unsubstantiated
Nunez, Osvaldo Male, 34 Discourtesy: Word Unsubstantiated
Timney, Raymond Male, 34 Force: Physical force Unsubstantiated
Loftus, John Male, 34 Abuse of Authority: Threat of arrest 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.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Summary

In the early morning of June 12, 2005, [redacted] was drinking at "Tentaciones" located at 1350 Jerome Avenue, in the Bronx, when numerous officers entered the location. The CCRB later learned that these officers were at the location to conduct liquor inspections and were part of a multiple agency response team which also included FDNY, and the Liquor Control Board. Officers turned on the lights of the establishment, turned off the music, and instructed all the patrons to remain seated. [redacted] asked an officer, identified by the CCRB as PO Loftus, if he could leave. PO Loftus informed him that he would not be able to leave until the inspection concluded. [redacted] ignored PO Loftus's instructions to remain seated and at one point, PO Loftus told him to sit down or he would be arrested (Allegation A). [redacted] continued to be uncooperative with various officers' directions and was then arrested for [redacted] and transported to the 44th Precinct. At some point, when [redacted] was inside of the holding cell, an officer identified by the CCRB as PO Timney, allegedly squeezed [redacted] handcuffs, slammed his face against the wall of the adjacent holding cell, and pulled his hands behind his back towards his head (Allegation B). Officers informed [redacted] who was intoxicated at the time, that he was being released with a summons; [redacted] items were returned to him at the front desk and he was handed a summons for [redacted]. When an officer identified by the CCRB as Sgt. Nunez asked him to leave the precinct, [redacted] stated that he would like an officer to read him his rights. [redacted] continued to argue with Sgt. Nunez and Sgt. Nunez allegedly told him to get the "fuck out" of the precinct (Allegation C). Sgt. Nunez then forcefully escorted [redacted] out of the precinct and allegedly threw him to the ground (Allegation D). Medical documents regarding the treatment provided to [redacted] on [redacted] revealed that [redacted] sustained a fractured wrist. [redacted] claimed that this injury... Read report for details.


Details

Incident: June 12, 2005
Received: June 15, 2005
Closed: June 30, 2006

Reason for contact: Other
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Natalie Bishop, Carlos Concepcion, Patrick Cortright, Jean Hunt, Jose Pachot, Thomas Roberts, Zoja Shala, Gregory Straub, Carlos Zapata