Complaint #200614604,
October 29, 2006

Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Female
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Rivera, Joseph
Complainant: Black Male, 0-9
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Nunez, Osvaldo
Complainant: Black Male, 0-9
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unsubstantiated
Officer: Nunez, Osvaldo
Complainant: Female
Allegation: Force: Pepper spray
CCRB Conclusion: Complainant Uncooperative
Officer: Nunez, Osvaldo
Complainant: Black Male, 37
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Rivera, Joseph
Complainant: Black Male, 0-9
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Board Conclusion
Unknown Officer Black Male, 35-39 Force: Physical force Officer(s) Unidentified
Unknown Officer Female Force: Nightstick as club (incl asp & baton) Alleged Victim Uncooperative
Rivera, Joseph Black Male, 0-9 Force: Physical force Unsubstantiated
Nunez, Osvaldo Black Male, 0-9 Force: Nightstick as club (incl asp & baton) Unsubstantiated
CCRB Investigator Recommendation: Exonerated
Nunez, Osvaldo Female Force: Pepper spray Complainant Uncooperative
Nunez, Osvaldo Black Male, 37 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Rivera, Joseph Black Male, 0-9 Discourtesy: Word Unsubstantiated
Unknown Officer Black Male, 35-39 Abuse of Authority: Threat of force (verbal or physical) Officer(s) Unidentified
Unknown Officer Black Male, 35-39 Abuse of Authority: Refusal to provide name/shield number Officer(s) Unidentified

Conclusion Meanings:

'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 October 29, 2007, at approximately 4:00 a.m., Two Cousins Bar (now closed), located at 15 East 167th Street, in the Bronx, was closing for the evening. [redacted] employees of the bar, were attempting to remove a patron who was fighting with them, [redacted] from the bar. Officer Joseph Rivera, Sergeant Osvaldo Nunez and Officer Melissa Rodriguez, who were seated in a marked patrol van across the street, witnessed the fight occurring at the entrance to the bar and approached. Officer Rivera attempted to remove [redacted] from the bar, but they resisted. Officer Rivera pushed [redacted] against a wall, told him "just put your hands behind your fucking back," then punched him in the jaw, stomach and back. (Allegations A and B). Sergeant Nunez struck [redacted] with a baton. (Allegation C). An unidentified female officer approached [redacted] another patron of the bar who was standing outside, told her to leave the scene and then allegedly struck her in the head with a baton. (Allegation D)
[redacted] a patron of the bar, approached an unidentified male officer to speak to him. This officer allegedly told him to get the fuck out of his face before he goes to jail and splits his skull. (Allegation E) [redacted] asked this officer for his badge number and he allegedly responded "I'll give you a cell number." (Allegation F) [redacted] then walked away from the officer.
[redacted] left and along with [redacted] another patron of the bar, approached Sergeant Nunez and told him that officers were beating and pepper spraying innocent people. [redacted] asked Sergeant Nunez for his badge number and he allegedly responded "you won't get shit from me." (Allegation G) [redacted] told Sergeant Nunez "they hit my girl [redacted] in the head with a baton; she had nothing do with it." Sergeant Nunez allegedly said "shut the fuck up" and sprayed her with pepper spray a single time. (Allegation H)
A large crowd gathered outside the bar. Officer Rodriguez called for assistance and additional officers arrived on the scene.... Read report for details.


Details

Incident: October 29, 2006
Received: November 1, 2006
Closed: February 15, 2008

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: Summons - disorderly conduct

Witness Officers: Tiffany Dozier, Bobby Milchak, Melissa Rodriguez