Complaint #200608529,
June 25, 2006

Officer: Unknown Officer
Complainant: Female
Allegation: Discourtesy: Word
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Unknown Officer
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Unknown Officer
Complainant: Male
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Alleged Victim Unavailable
Officer: Offenbacher, Mark
Complainant: Hispanic Male, 19
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unsubstantiated
Officer: Nunez, Osvaldo
Complainant: Hispanic Male, 19
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Exonerated
Officer: Nunez, Osvaldo
Complainant: Hispanic Male, 19
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unsubstantiated
Officer: Nunez, Osvaldo
Complainant: Hispanic Male, 19
Allegation: Force: Pepper spray
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 18-20
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Female
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Uncooperative
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Female Discourtesy: Word Alleged Victim Uncooperative
Unknown Officer Abuse of Authority: Premises entered and/or searched Alleged Victim Uncooperative
Unknown Officer Male Force: Nightstick as club (incl asp & baton) Alleged Victim Unavailable
Offenbacher, Mark Hispanic Male, 19 Force: Nightstick as club (incl asp & baton) Unsubstantiated
Nunez, Osvaldo Hispanic Male, 19 Force: Hit against inanimate object Exonerated
Nunez, Osvaldo Hispanic Male, 19 Force: Nightstick as club (incl asp & baton) Unsubstantiated
Nunez, Osvaldo Hispanic Male, 19 Force: Pepper spray Unsubstantiated
Unknown Officer Hispanic Male, 18-20 Force: Nightstick as club (incl asp & baton) Officer(s) Unidentified
Unknown Officer Female Force: Physical force Alleged Victim Uncooperative

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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

On June 25, 2006, at approximately 1:15 a.m., officers from the 44th Precinct responded to [redacted] in the Bronx, because of a loud party that was taking place there. Officers entered the apartment (Allegation A) and allegedly told [redacted] to "turn the fucking music down" (Allegation B). An officer allegedly used physical force against [redacted] and [redacted] (Allegation C) and then struck [redacted] with a nightstick (Allegation D). After the officers had broken up the party and exited the building, Sgt. Osvaldo Nunez approached a group of partygoers that were refusing to disperse from the area. One male, [redacted] refused to leave when asked several times to do so. Sgt. Nunez allegedly struck [redacted] with a nightstick (Allegation E) and then pushed him against a mailbox (Allegation F). Officer Offenbacher and another unidentified officer got involved and allegedly struck [redacted] with their nightsticks (Allegations G and H). Once they had handcuffed [redacted] Sgt. Nunez placed him in a patrol car and allegedly pepper sprayed him (Allegation I). [redacted] Read report for details.


Details

Incident: June 25, 2006
Received: June 28, 2006
Closed: August 9, 2007

Reason for contact: Other
Location: Apartment/house
In NYPD 44th Precinct Bronx
Outcome: Arrest - resisting arrest

Witness Officers: Harry Bonhomme, Joseph Castaldo, Patrick Cortright, Tiffany Dozier, Raphael Gomezgonzalez, Philip Rivera, Melissa Rodriguez