Complaint #200608027,
June 13, 2006

Officer: Diaz, Jose
Complainant: White Male, 53
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unfounded
Officer: Diaz, Jose
Complainant: White Male, 53
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Acevedo, Erick
Complainant: White Male, 53
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: White Male, 50-54
Allegation: Abuse of Authority: Question and/or stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Diaz, Jose White Male, 53 Force: Hit against inanimate object Unfounded
Diaz, Jose White Male, 53 Force: Physical force Exonerated
Acevedo, Erick White Male, 53 Discourtesy: Word Unfounded
Unknown Officer White Male, 50-54 Abuse of Authority: Question and/or stop 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

At approximately 5:30pm on June 13, 2006, [redacted] was sitting on the steps of 2556 Bainbridge Avenue in the Bronx drinking a bottle of beer. The 52nd Precinct Conditions team observed this as they drove by. The team collectively decided to pull over and summons [redacted] (Allegation A). The investigation recommended that this allegation be exonerated. PO Jose Diaz obtained [redacted] s ID and ran it for warrants. PO Diaz also repeatedly asked [redacted] to put the glass bottle down. [redacted] refused. The MISD warrant check results indicated that a man named [redacted] with the same DOB as this [redacted] was wanted on a felony warrant in Florida; the MISD results indicated that [redacted] was a violent predator and that officers should take caution. Almost simultaneously, [redacted] lifted his beer bottle above his head as if to throw it at PO Diaz. PO Diaz immediately exited his vehicle and restrained [redacted] by pinning him to the RMP hood (Allegation B). [redacted]
The officers obtained treatment for [redacted] Is injury upon arrival at the stationhouse. Their supervisor, Sgt. Edwin DeJesus, reported [redacted] Is injury to IAB shortly thereafter. Sgt. DeJesus interviewed [redacted] that evening, at which time [redacted] made his allegations against PO Diaz. [redacted] has since filed a Notice of Claim against the city and is seeking $2 million in damages. Read report for details.


Details

Incident: June 13, 2006
Received: June 19, 2006
Closed: May 31, 2007

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 52nd Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Edwin Dejesus, Carlos Mendez, Stephen Tomala