Complaint #200803804,
March 15, 2008

Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Ramos, Hoelmy
Complainant: Black Male, 39
Allegation: Force: Pepper spray
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Carvajalhernandez, Oliva
Complainant: Black Female, 58
Allegation: Force: Pepper spray
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Female, 55-59
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Rodriguez, Raul
Complainant: Black Male, 39
Allegation: Offensive Language: Race
CCRB Conclusion: Miscellaneous - Subject Resigned
Recategorized as: Offensive Language: Other
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 35-39 Force: Physical force Alleged Victim Uncooperative
Ramos, Hoelmy Black Male, 39 Force: Pepper spray Alleged Victim Uncooperative
Carvajalhernandez, Oliva Black Female, 58 Force: Pepper spray Unfounded
Unknown Officer Black Female, 55-59 Discourtesy: Word Unfounded
Rodriguez, Raul Black Male, 39 Offensive Language: Race Miscellaneous - Subject Resigned
Recategorized as Offensive Language: Other on December 9, 2024

Conclusion Meanings:

'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Summary

On March 15, 2008, at approximately 12:00 PM, [redacted], s husband, [redacted], and her son, [redacted], had a verbal dispute at their home, located at [redacted] in the Bronx. [redacted] called 911 and requested that [redacted] be removed from the home. PO Raul Rodriguez and PO Olivia Carvajal, both assigned to the 48th Precinct, arrived at the apartment and instructed [redacted] to leave the apartment. At some point, additional units were requested to the location and PO James Eirand, PO Thomas Dybski, PO Hoelmy Ramos, and PO Thomas McRae from the 48th Precinct arrived at the location, along with other officers. Outside of the apartment building, [redacted] yelled and acted disorderly. [redacted] alleged that as she faced her son, she heard PO Rodriguez allegedly state, "Get that nigger" and the same voice also state, "Take that nigger down." (Allegation A). [redacted] did not see which officer made this statement, and at this time, there were numerous officers present. [redacted] alleged that she turned her head to the side to see what was going on and PO Carvajal pepper sprayed her directly in her eyes (Allegation B). At the same times [redacted] alleged she was pepper sprayed, PO Ramos pepper sprayed [redacted] (Allegation C). [redacted] alleged that after she was pepper sprayed, she observed numerous officers, whom she could not identify, throw [redacted] to the ground and kick him in his face and chest (Allegation D). [redacted] alleged that after she was pepper sprayed, she could not see where she was going and a male officer, whom she did not see and could not describe, stated, "Yea bitch" and asked, "You looking for my badge, bitch?" (Allegation E). [redacted] was initially arrested for disorderly conduct, was then classified as an EDP, and was transported to [redacted]. An AIDED report was prepared for [redacted] which stated that PO Ramos used O.C. spray against him. Read report for details.


Details

Incident: March 15, 2008
Received: March 17, 2008
Closed: June 11, 2009
Last Updated: December 11, 2024

Reason for contact: Report-dispute
Location: Street/highway
In NYPD 48th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Thomas Dybski, James Eirand, Thomas Mcrae, Juanita Mills