Complaint #200807471,
May 21, 2008

Officer: Gomez, Cesar
Complainant: Hispanic Male, 19
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Colon, Orlando
Complainant: Hispanic Male, 19
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Gomez, Cesar
Complainant: Hispanic Male, 19
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Gomez, Cesar
Complainant: Hispanic Male, 19
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Charges)
Officer: Colon, Orlando
Complainant: Hispanic Male, 19
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Colon, Orlando
Complainant: Hispanic Male, 19
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: Instructions
Officer: Colon, Orlando
Complainant: Hispanic Male, 19
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unsubstantiated
Officer: Colon, Orlando
Complainant: Hispanic Male, 19
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Colon, Orlando
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Victim Unidentified
Officer Complainant Allegation CCRB Conclusion
Gomez, Cesar Hispanic Male, 19 Force: Physical force Exonerated
Colon, Orlando Hispanic Male, 19 Force: Physical force Exonerated
Gomez, Cesar Hispanic Male, 19 Discourtesy: Word Unsubstantiated
Gomez, Cesar Hispanic Male, 19 Abuse of Authority: Stop Substantiated (Charges)
Colon, Orlando Hispanic Male, 19 Abuse of Authority: Search (of person) Exonerated
Colon, Orlando Hispanic Male, 19 Abuse of Authority: Stop Substantiated (Charges)
NYPD Disposition: Instructions
Colon, Orlando Hispanic Male, 19 Abuse of Authority: Property damaged Unsubstantiated
Colon, Orlando Hispanic Male, 19 Discourtesy: Word Substantiated (Charges)
NYPD Disposition: No Disciplinary Action-DUP
Colon, Orlando Abuse of Authority: Threat of force (verbal or physical) Victim Unidentified

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.
'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.


Penalties

Colon, Orlando
Command Discipline - B

Gomez, Cesar
Instructions
Command Discipline - B

Summary

On May 21, 2008 at approximately 10:45 PM, [redacted] left his grandmother's apartment, which is located inside of an apartment building at the corner of [redacted] in the Bronx. [redacted] was approached by two plainclothes police officer who the investigation identified as PO Orlando Colon and PO Cesar Gomez. [redacted] did not know that PO Colon and PO Gomez were police officers and thought that they were going to rob him, so he ran. PO Colon and PO Gomez grabbed [redacted] and pushed him against a gate (Allegations A and B). [redacted] fought with the officers because he did not believe that they were police officers. PO Colon and PO Gomez brought [redacted] to the ground and placed him in handcuffs (Allegation C and D). PO Colon searched [redacted] (Allegation E). PO Colon allegedly grabbed the pocket of [redacted]s coat and pulled it, ripping the pocket (Allegation F). A group of individuals gathered nearby and PO Colon said, "What the fuck are you all doing here. We are cops" (Allegation G). PO Colon also threatened the individuals with force by showing them his gun (Allegation H). [redacted] attempted to use his phone to call his girlfriend and PO Gomez allegedly stated, "Get off the fucking phone." PO Gomez received an injury when he fought with [redacted] so PO Gomez allegedly stated "Look what the fuck you did to me. What if I was to fuck you up" (Allegation I). Read report for details.


Details

Incident: May 21, 2008
Received: May 27, 2008
Closed: April 30, 2009

Reason for contact: Other
Location: Other
In NYPD 46th Precinct Bronx
Outcome: Summons - disorderly conduct

Witness Officers: Steven Eromenok, Carlos Guadalupe