Complaint #200800818,
January 1, 2008

Officer: Festino, Raymond
Complainant: Hispanic Female, 32
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Galloza, Emmanuel
Allegation: Force: Physical force
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Unknown Officer
Complainant: Hispanic Female, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Conwell, Robert
Complainant: Black Female, 16
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unfounded
Officer: Arroyo, Johnny
Complainant: Black Female, 16
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Female, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Festino, Raymond
Complainant: Black Male, 19
Allegation: Force: Pepper spray
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Conwell, Robert
Complainant: Black Male, 19
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Unknown Officer
Complainant: Black Female, 15-17
Allegation: Force: Pepper spray
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Festino, Raymond Hispanic Female, 32 Force: Pepper spray Exonerated
Galloza, Emmanuel Force: Physical force Miscellaneous - Subject Resigned
Unknown Officer Hispanic Female, 30-34 Force: Physical force Exonerated
Conwell, Robert Black Female, 16 Force: Nightstick as club (incl asp & baton) Unfounded
Arroyo, Johnny Black Female, 16 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Unknown Officer Black Female, 15-17 Force: Physical force Unfounded
Festino, Raymond Black Male, 19 Force: Pepper spray Alleged Victim Uncooperative
Conwell, Robert Black Male, 19 Abuse of Authority: Stop Alleged Victim Uncooperative
Unknown Officer Black Female, 15-17 Force: Pepper spray 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 January 1, 2008, at approximately 2:50 AM, [redacted] and his sister, [redacted] were in the lobby of [redacted] in Brooklyn. They were celebrating the New Year with a group of their acquaintances, who were also residents of the building. Two officers, identified through the investigation as PO Johnny Arroyo and PO Emmanuel Galloza of the 81st Precinct, instructed the group to leave the lobby. As [redacted] walked away, PO Galloza allegedly pushed him (Allegation A), causing him to collide with the wall by the stairwell. PO Galloza then allegedly hit [redacted] in the back of this head with the base of his palm (Within Allegation A). [redacted] and [redacted] went to their residence and told their mother, [redacted] what had transpired. [redacted] went to the lobby and briefly spoke with PO Arroyo and PO Galloza outside of an adjacent building, located at [redacted]. At the officers' request, [redacted] returned to her residence. [redacted] and an acquaintance, [redacted] remained in the lobby of [redacted]. They entered the elevator and, as the doors were closing, a male identified through the investigation as [redacted] swiftly entered after them. An officer, identified through the investigation as Sgt. Robert Conwell of the 81st Precinct, reached into the elevator, grabbed [redacted] and attempted to pull him off of the elevator (Allegation B). An officer, identified through the investigation as Lt. Raymond Festino of the 81st Precinct, emitted pepper-spray into the elevator (Allegation C) when occupants within this elevator began to pull [redacted] away from Sgt. Conwell. [redacted] alleged that Sgt. Conwell removed an asp and began swinging it within the interior of the elevator, striking her on the upper right lip as a result (Allegation D). [redacted] and [redacted] exited the elevator to escape the effects of the pepper spray. [redacted] alleged that, when she asked Lt. Festino what was going on, he pepper-sprayed her twice in the face (Allegation E). Officers then allegedly grabbed her, put her... Read report for details.


Details

Incident: January 1, 2008
Received: January 16, 2008
Closed: December 17, 2008

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Residential building
In NYPD 81st Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Bernabe Arriaga, Artese Davis, Jason Ianno, Harold Jones, Kim Thy