Complaint #200802545,
February 14, 2008

Officer: Paula, Claudio
Complainant: Black Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Paula, Claudio
Complainant: Black Male, 32
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unfounded
Officer: Nunez, Osvaldo
Complainant: Black Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Disla, Victor
Complainant: Black Male, 32
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unsubstantiated
Officer: Disla, Victor
Complainant: Black Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Paula, Claudio
Complainant: Black Male, 32
Allegation: Force: Gun as club
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Paula, Claudio Black Male, 32 Force: Physical force Unsubstantiated
Paula, Claudio Black Male, 32 Abuse of Authority: Refusal to provide name/shield number Unfounded
Nunez, Osvaldo Black Male, 32 Force: Physical force Unsubstantiated
Disla, Victor Black Male, 32 Force: Nightstick as club (incl asp & baton) Unsubstantiated
Disla, Victor Black Male, 32 Force: Physical force Unsubstantiated
Paula, Claudio Black Male, 32 Force: Gun as club Unsubstantiated

Conclusion Meanings:

'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

He stated that on February 15, 2008, at approximately 2:15am, he left his cousin's house, [redacted] who resides at [redacted] in Manhattan. [redacted] did not witness this incident. [redacted] was wearing a wife beater style shirt, a black skull cap, and blue jeans. [redacted] walked towards Amsterdam Avenue and stopped at a bodega on the corner of West 159th Street and Amsterdam Avenue to purchase a pack of cigarettes. [redacted] only had his ID and $30 on his person. [redacted] did not stop to speak to anyone and did not notice anyone on the street as he walked home.
As he walked, PO1, identified via investigation as Lt. Osvaldo Nunez, who [redacted] did not know was an officer at the time, emerged from behind some scaffolding saying, "Yo, come here." Lt. Nunez was significantly larger than [redacted] but could not describe him further because he was wearing a ski-mask. Lt. Nunez did not identify himself as an officer or show him a shield. [redacted] later said that he did not believe Lt. Nunez was ever an officer but believed Lt. Nunez was working with the police in some capacity. [redacted] decided to run from Lt. Nunez, saying he believed he was going to be robbed. [redacted] ran past Lt. Nunez, describing it as a football maneuver of pivoting around him. [redacted] denied making any physical contact with Lt. Nunez. [redacted] was not aware whether Lt. Nunez pursued him but ran towards his cousin's building. At that time, he heard the screech of a vehicle's tires and observed an unmarked vehicle reversing towards him hitting numerous vehicles. When [redacted] reached [redacted], he was approximately five feet from the door when he heard, "Police." [redacted] said he "knows the drill" and has run into "trouble" before and immediately put his hands in the air. [redacted] turned to tell the officers that there was a man pursuing him but did not have time. Out of the periphery of [redacted] vision, he observed an officer wearing a nylon face mask, covering his nose and mouth, approaching. PO2, who [redacted]... Read report for details.


Details

Incident: February 14, 2008
Received: February 19, 2008
Closed: March 13, 2009

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 33rd Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Andrew Michel, Pedro Roche, Ramon Velez