Complaint #200510189, August 2005

Incident: August 27, 2005
Received: August 31, 2005
Closed: December 29, 2006

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: Moving violation summons issued

Witness Officers: Michael Cautillo, James Cruger, Michael Gaudio, Daniel Robbins

Officer:	Delacruz, Henry
Complainant:	Black Male, 22
Allegation:	Force: Physical force
CCRB Conclusion:	Substantiated (Charges)
Officer:	Delacruz, Henry
Complainant:	Black Male, 20
Allegation:	Force: Handcuffs too tight
CCRB Conclusion:	Unfounded
Officer:	Delacruz, Henry
Complainant:	Black Male, 22
Allegation:	Discourtesy: Word
CCRB Conclusion:	Substantiated (Charges)
Officer:	Unknown Officer
Complainant:	Black Male, 40-44
Allegation:	Discourtesy: Word
CCRB Conclusion:	Officer(s) Unidentified
Officer:	Unknown Officer
Complainant:	Black Male, 18-20
Allegation:	Abuse of Authority: Threat of arrest
CCRB Conclusion:	Officer(s) Unidentified
Officer:	Freytes, Jesus
Complainant:	Black Male, 22
Allegation:	Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion:	Substantiated (Charges)
NYPD Disposition:	Instructions
Officer:	Freytes, Jesus
Complainant:	Black Male, 22
Allegation:	Abuse of Authority: Frisk
CCRB Conclusion:	Substantiated (Charges)
NYPD Disposition:	No Disciplinary Action-DUP
Officer:	Capo, Jesus
Complainant:	Black Male, 20
Allegation:	Discourtesy: Word
CCRB Conclusion:	Unfounded
Officer:	Capo, Jesus
Complainant:	Black Male, 22
Allegation:	Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion:	Substantiated (Charges)
Officer:	Delacruz, Henry
Complainant:	Black Male, 20
Allegation:	Discourtesy: Word
CCRB Conclusion:	Unfounded
Officer:	Delacruz, Henry
Complainant:	Black Male, 22
Allegation:	Abuse of Authority: Question and/or stop
CCRB Conclusion:	Exonerated
Officer:	Delacruz, Henry
Complainant:	Black Male, 22
Allegation:	Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion:	Substantiated (Charges)
Officer:	Delacruz, Henry
Complainant:	Black Male, 20
Allegation:	Force: Hit against inanimate object
CCRB Conclusion:	Unsubstantiated
Officer:	Delacruz, Henry
Complainant:	Black Male, 20
Allegation:	Discourtesy: Word
CCRB Conclusion:	Substantiated (Charges)
Officer:	Freytes, Jesus
Complainant:	Black Male, 22
Allegation:	Abuse of Authority: Question and/or stop
CCRB Conclusion:	Exonerated
Officer:	Unknown Officer
Complainant:	Male, 15-17
Allegation:	Abuse of Authority: Question and/or stop
CCRB Conclusion:	Alleged Victim Uncooperative

Officer	Complainant	Allegation	CCRB Conclusion
Delacruz, Henry	Black Male, 22	Force: Physical force	Substantiated (Charges)
Delacruz, Henry	Black Male, 20	Force: Handcuffs too tight	Unfounded
Delacruz, Henry	Black Male, 22	Discourtesy: Word	Substantiated (Charges)
Unknown Officer	Black Male, 40-44	Discourtesy: Word	Officer(s) Unidentified
Unknown Officer	Black Male, 18-20	Abuse of Authority: Threat of arrest	Officer(s) Unidentified
Freytes, Jesus	Black Male, 22	Abuse of Authority: Refusal to provide name/shield number	Substantiated (Charges)
	NYPD Disposition: Instructions
Freytes, Jesus	Black Male, 22	Abuse of Authority: Frisk	Substantiated (Charges)
	NYPD Disposition: No Disciplinary Action-DUP
Capo, Jesus	Black Male, 20	Discourtesy: Word	Unfounded
Capo, Jesus	Black Male, 22	Abuse of Authority: Refusal to provide name/shield number	Substantiated (Charges)
Delacruz, Henry	Black Male, 20	Discourtesy: Word	Unfounded
Delacruz, Henry	Black Male, 22	Abuse of Authority: Question and/or stop	Exonerated
Delacruz, Henry	Black Male, 22	Abuse of Authority: Refusal to provide name/shield number	Substantiated (Charges)
Delacruz, Henry	Black Male, 20	Force: Hit against inanimate object	Unsubstantiated
Delacruz, Henry	Black Male, 20	Discourtesy: Word	Substantiated (Charges)
Freytes, Jesus	Black Male, 22	Abuse of Authority: Question and/or stop	Exonerated
Unknown Officer	Male, 15-17	Abuse of Authority: Question and/or stop	Alleged Victim Uncooperative

Penalties

Freytes, Jesus

Penalty: Instructions

Delacruz, Henry

NYPD Conclusion: Charges and Specifications - Guilty

Penalty: Vacation: 10 days

Capo, Jesus

Penalty: Instructions

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.

'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

'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.