Complaint #200712278,
August 16, 2007

Officer: Unknown Officer
Complainant: Female
Allegation: Discourtesy: Word
CCRB Conclusion: Alleged Victim Unavailable
Officer: Guimaraes, Fernando
Complainant: Black Male, 28
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer: Guimaraes, Fernando
Complainant: Black Male, 28
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Newton, Samuel
Complainant: Black Male, 28
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unfounded
Officer: Santiago, Miguel
Complainant: Black Male, 28
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Santiago, Miguel
Complainant: Black Male, 28
Allegation: Force: Chokehold
CCRB Conclusion: Unfounded
Officer: Santiago, Miguel
Complainant: Black Male, 28
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Female Discourtesy: Word Alleged Victim Unavailable
Guimaraes, Fernando Black Male, 28 Abuse of Authority: Question Exonerated
Guimaraes, Fernando Black Male, 28 Abuse of Authority: Stop Exonerated
Newton, Samuel Black Male, 28 Abuse of Authority: Threat of force (verbal or physical) Unfounded
Santiago, Miguel Black Male, 28 Force: Physical force Unfounded
Santiago, Miguel Black Male, 28 Force: Chokehold Unfounded
Santiago, Miguel Black Male, 28 Abuse of Authority: Strip-searched Unsubstantiated

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

On August 16, 2007 at approximately 2:30 PM, [redacted] went inside a building in the vicinity of [redacted] and [redacted] in the Bronx in order to visit his friend. [redacted] walked up to his friend's apartment, and after discovering that his friend was not home, exited the building approximately five minutes later. When [redacted] approached his own building nearby, he was approached by two male officers and one female officer. The female officer was identified as Sgt. Materasso of the 43rd Precinct and one of the male officers was identified as PO Cuadra of the 43rd Precinct. It was also determined that Lt. Guimaraes of the 43rd Precinct was present at this time, although it was not possible to determine whether he actually spoke to [redacted]. The officers allegedly asked [redacted] several basic questions about himself and allegedly asked if he had anything on him (Allegation A). [redacted] denied having anything. An unknown officer shortly thereafter allegedly handcuffed [redacted] (Allegation B). Two more officers appeared at the scene in a prisoner van. These officers were subsequently identified as PO Samuel Newton and PO Miguel Santiago of the 43rd Precinct. [redacted] was told to get inside the prisoner van and he complied. [redacted] began cursing at PO Newton, who allegedly approached [redacted] and held his backhand by his shoulder as though he would hit [redacted] (Allegation C). Immediately thereafter and without warning, PO Santiago approached and allegedly punched [redacted] in his face (Allegation D). PO Santiago then allegedly grabbed onto [redacted]'s neck and applied pressure in such a manner that [redacted]'s breathing was restricted (Allegation E). At some point during the interaction, a woman who was in charge of [redacted]'s assisted living facility, [redacted] looked out a nearby window and addressed the officers. An officer allegedly told [redacted] to "fuck off" (Allegation F). [redacted] was transported to the 43rd Precinct where PO Santiago allegedly strip-searched him inside a... Read report for details.


Details

Incident: August 16, 2007
Received: August 24, 2007
Closed: January 5, 2009

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 43rd Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Nathaniel Anthony, Jeannie Corporan, Michael Cuadra, Martine Materasso