Complaint #200702753,
February 25, 2007

Officer: Nunez, Osvaldo
Complainant: Black Male, 38
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Nunez, Osvaldo
Complainant: Black Male, 38
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Force: Pepper spray
CCRB Conclusion: Unfounded
Officer: Navarro, Robert
Complainant: Black Male, 38
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Force: Flashlight as club
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Nunez, Osvaldo Black Male, 38 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Nunez, Osvaldo Black Male, 38 Force: Nightstick as club (incl asp & baton) Exonerated
Unknown Officer Black Male, 35-39 Force: Pepper spray Unfounded
Navarro, Robert Black Male, 38 Force: Physical force Unsubstantiated
Unknown Officer Black Male, 35-39 Force: Flashlight as club Unfounded

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.
'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

[redacted] and his wife [redacted] attended a birthday party at [redacted]'s apartment, [redacted] in the Bronx. At approximately 12:30am Sgt. Osvaldo Nunez, PO Carlos Zapata, PO Miguel Sanchez and PO Robert Navarro responded to the location to address a quality of life complaint. When they arrived at the apartment they could hear loud music coming from [redacted] and it was clear that a party was taking place. Sgt. Nunez knocked on the door and [redacted] answered. Sgt. Nunez was able to see inside the apartment and it was evident that there were a large number of people inside who were drinking alcohol. Sgt. Nunez also stated that there were a number of young children at the party, which was unsafe considering the amount of alcohol that was being consumed. Sgt. Nunez and [redacted] spoke for several minutes and Sgt. Nunez explained to [redacted] that it was time to end the party. [redacted] stated that when he asked Sgt. Nunez for his name, Sgt. Nunez responded, "Don't worry about my fucking name" (Allegation A). [redacted] stated that he was then pulled into the hallway at which time officers struck him with their flashlights (Allegations B) and Sgt. Nunez struck him with his nightstick (Allegation C). [redacted] stated that while he was on the floor an officer pepper sprayed him in the face and eyes (Allegation D) before he was finally handcuffed. PO Navarro then escorted [redacted] downstairs and out of the building. [redacted] maintained that PO Navarro knocked him down and dragged him down the steps on his back and buttocks (Allegation E). [redacted] was taken to the 44th Precinct where he was charged with [redacted]. [redacted] was later transported to [redacted] via ambulance. [redacted] Read report for details.


Details

Incident: February 25, 2007
Received: February 27, 2007
Closed: November 30, 2007

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Apartment/house
In NYPD 44th Precinct Bronx
Outcome: Arrest - assault (against a PO)

Witness Officers: Patrick Cortright, Miguel Sanchez, Carlos Zapata