Complaint #200613255,
September 29, 2006

Officer: Unknown Officer
Complainant: Black Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Puente, Alberto
Complainant: Black Male, 54
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Chalen, Freddy
Complainant: Black Male, 54
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Chalen, Freddy
Complainant: Black Male, 54
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Nunez, Osvaldo
Complainant: Black Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 40-44 Force: Physical force Unfounded
Puente, Alberto Black Male, 54 Force: Physical force Exonerated
Chalen, Freddy Black Male, 54 Force: Physical force Exonerated
Chalen, Freddy Black Male, 54 Force: Pepper spray Exonerated
Nunez, Osvaldo Black Male, 41 Force: Physical force 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

On [redacted] made the following statements to medical personnel at [redacted]: "I was kicked and maced. I was assaulted by police prior to arrival. Patient says he got in verbal dispute over parked vehicle and cops threw him to ground, stepped on neck, hit him in face and used pepper spray to eyes. Denies pain below neck."
[redacted] a [redacted]-old, 5'6", 205lbs, black male with black hair and brown eyes was interviewed at the CCRB on October 17, 2006.
On September 29, 2006, at approximately 11:20 PM, [redacted] double-parked his Gray 2000 Jeep Cherokee (plate number [redacted]) in front of [redacted] restaurant located at [redacted] in the Bronx, which he co-owns with his wife, [redacted]. [redacted] entered the restaurant and was there for five minutes when an unknown male customer informed him that officers were issuing him a ticket. [redacted] exited the restaurant and observed a patrol car parked behind his Jeep. [redacted] approached the driver side of the patrol car whose window was rolled down and asked PO1, who he described as a Hispanic male, in uniform, average build, with brown hair and in his late 20s if he could move his car. PO1 was identified via investigation as PO Freddy Chalen of the 44th Precinct. [redacted] described PO2, who sat in the passenger seat as a Hispanic male, average build, 5'6, and in uniform. PO2 was identified via investigation at PO Alberto Puente of the 44th Precinct. [redacted] did not wait for PO Chalen to reply and walked towards his Jeep. As [redacted] went to open the door of his jeep, PO Chalen grabbed [redacted] from the collar of his shirt and PO Puente grabbed his arms and placed them behind his back. The officers' only statement to [redacted] was that he could not move his car. PO2 handcuffed [redacted] who did not resist the officers. PO Chalen and PO Puente then pushed [redacted] to the ground next to his drivers' side door. [redacted] faced the ground and officers kicked him repeatedly in the head and on the right side of his face. Although [redacted]... Read report for details.


Details

Incident: September 29, 2006
Received: October 5, 2006
Closed: November 5, 2007

Reason for contact: Other
Location: Commercial building
In NYPD 44th Precinct Bronx
Outcome: Arrest - disorderly conduct

Witness Officers: Gregory Aspiazu, Victor Cardona, Robert Navarro, Keri Thompson