Complaint #200713175,
September 2, 2007

Officer: Unknown Officer
Complainant: Hispanic Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Fermin, Richard
Complainant: Hispanic Female, 50
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Fermin, Richard
Complainant: Hispanic Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Gomez, Cesar
Complainant: Hispanic Male, 20
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Quinn, Brendan
Complainant: Hispanic Male, 17
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Quinn, Brendan
Complainant: Hispanic Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Hispanic Male, 18-20 Force: Physical force Exonerated
Fermin, Richard Hispanic Female, 50 Force: Physical force Unsubstantiated
Fermin, Richard Hispanic Male, 20 Force: Physical force Exonerated
Gomez, Cesar Hispanic Male, 20 Force: Pepper spray Exonerated
Quinn, Brendan Hispanic Male, 17 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Quinn, Brendan Hispanic Male, 20 Force: Physical force Exonerated
Unknown Officer Hispanic Male, 15-17 Force: Physical force 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

On September 2, 2007, at approximately 3:40 AM, [redacted] along with her sons [redacted] and [redacted] were at [redacted] to see [redacted]s other son who had been shot. As [redacted] entered the hospital, a male officer identified through investigation as PO Richard Fermin, accused [redacted] of pushing him. PO Fermin then allegedly pushed [redacted] in his chest (Allegation A) and then forcibly pushed [redacted] aside (Allegation B). Another officer, identified through investigation as PO Brendan Quinn, allegedly punched [redacted] in his face (Allegation C). At this point, numerous officers allegedly started punching and kicking [redacted] and their friend, [redacted] (Allegation D). [redacted] alleged that PO Quinn threatened to hit him with his gun when he was on the floor (Allegation E). [redacted] alleged that while he was being assaulted he was pepper-sprayed in his face, by an officer later identified through investigation as PO Cesar Gomez (Allegation F). After the incident calmed down, [redacted] and [redacted] were arrested and taken back to the 46th Precinct while [redacted] stayed at the hospital because of a heart condition. Once [redacted] arrived at the 46th Precinct, several officers allegedly punched and kicked him throughout his body (Allegation G). Read report for details.


Details

Incident: September 2, 2007
Received: September 11, 2007
Closed: February 3, 2009

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Hospital
In NYPD 48th Precinct Bronx
Outcome: Arrest - assault (against a PO)

Witness Officers: Orlando Colon, Lawrence Dunlay, Frankly Galindo, Matthew Mateer, John Obrien, Juan Ortiz, Daniel Ryan