Complaint #200807227,
May 15, 2008

Officer: Perdomo, Rafael
Complainant: Hispanic Male, 27
Allegation: Force: Other blunt instrument as a club
CCRB Conclusion: Substantiated (Charges)
Officer: Perdomo, Rafael
Complainant: Hispanic Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Perdomo, Rafael
Complainant: Hispanic Male, 27
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Pichardo, Gypsy
Complainant: Black Male, 25
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Alleged Victim Unavailable
Officer: Perdomo, Rafael
Complainant: Hispanic Male, 29
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Perdomo, Rafael
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Perdomo, Rafael
Complainant: Hispanic Male, 29
Allegation: Force: Handcuffs too tight
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Perdomo, Rafael
Complainant: Hispanic Male, 29
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Uncooperative
Officer Complainant Allegation CCRB Conclusion
Perdomo, Rafael Hispanic Male, 27 Force: Other blunt instrument as a club Substantiated (Charges)
Perdomo, Rafael Hispanic Male, 27 Force: Physical force Exonerated
Perdomo, Rafael Hispanic Male, 27 Discourtesy: Word Unfounded
Pichardo, Gypsy Black Male, 25 Force: Nightstick as club (incl asp & baton) Alleged Victim Unavailable
Perdomo, Rafael Hispanic Male, 29 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Perdomo, Rafael Hispanic Male, 27 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Perdomo, Rafael Hispanic Male, 29 Force: Handcuffs too tight Alleged Victim Uncooperative
Perdomo, Rafael Hispanic Male, 29 Force: Physical force Alleged Victim Uncooperative

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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalty

Perdomo, Rafael
Not Guilty - DCT
Instructions

Summary

On May 15, 2008, at approximately 10:30pm at [redacted] and several friends were hanging out in the hallway of his sister's apartment on the [redacted] Floor. The group was listening to music and waiting for haircuts, which were being given out of [redacted].
Three uniformed police officers, two males and one female, identified through investigation as PO Rafael Perdomo, PO Gypsy Pichardo and PO Yrcania Rodriguez of the 46th Precinct came up the stairs. PO Perdomo grabbed [redacted] turned around and said "What am I doing, officer?" [redacted] asked PO Perdomo, "Can I know why you are coming up here without asking for ID?" PO Perdomo said, "Shut up, and just get up on the wall." [redacted] said, "Okay, but can you at least explain why you are putting me on the wall?"
PO Pichardo handcuffed [redacted] while PO Perdomo approached [redacted] who was three or four steps away. PO Perdomo told [redacted] to shut up. PO Perdomo used both hands to push [redacted] in the chest, against the wall (Allegation A). [redacted] said, "I live here, you can't tell me to shut up." PO Perdomo took out his handcuffs and said, "I told you to shut the fuck up." (Allegation B) [redacted] said, "I'm not going to shut up; ask for my ID." PO Perdomo had part of his handcuffs wrapped around his fist like brass knuckles. He swung the handcuffs. The handcuffs hit [redacted] on the front left part of his head (Allegation C). PO Perdomo hit [redacted] in the head with the handcuffs three times. PO Perdomo then turned [redacted] around to face the wall and pushed his head against the wall. [redacted] said, "Stop hitting me, I'm bleeding." PO Perdomo hit him with the handcuffs again, connecting with his left ear. PO Perdomo pulled out his pepper spray. He said, "If you don't shut up, I'll mace you."(Allegation D)
[redacted] said, "I want your badge number." [redacted] was stunned from being hit in the head, but when he looked for PO Perdomo's badge, it was not on his shirt. (Allegation E) PO Pichardo held both [redacted] and [redacted]... Read report for details.


Details

Incident: May 15, 2008
Received: May 21, 2008
Closed: September 2, 2009

Reason for contact: Other
Location: Other
In NYPD 46th Precinct Bronx
Outcome: Arrest - resisting arrest

Witness Officers: Yrcania Rodriguez