Complaint #200809053, June 2008

Incident: June 21, 2008
Received: June 25, 2008
Closed: July 29, 2009

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 101st Precinct Queens
Outcome: Arrest - assault (against a PO)

Witness Officers: Dayle Bensenhaver, Vincent Caputo, Kevin Hibbert, Jolan Lewis

Officer:	Unknown Officer
Complainant:	Hispanic Male, 50-54
Allegation:	Force: Nightstick as club (incl asp & baton)
CCRB Conclusion:	Officer(s) Unidentified
Officer:	Smith, Timothy
Allegation:	Force: Nonlethal restraining device
CCRB Conclusion:	Exonerated
Officer:	Cruz, Eric
Complainant:	Hispanic Male, 51
Allegation:	Discourtesy: Word
CCRB Conclusion:	Unfounded
Officer:	Florio, John
Complainant:	Hispanic Male, 51
Allegation:	Offensive Language: Race
CCRB Conclusion:	Unfounded
Officer:	Florio, John
Complainant:	White Female, 49
Allegation:	Force: Chokehold
CCRB Conclusion:	Unfounded
Officer:	Unknown Officer
Complainant:	White Female, 45-49
Allegation:	Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion:	Officer(s) Unidentified
Officer:	Unknown Officer
Complainant:	White Female, 45-49
Allegation:	Force: Physical force
CCRB Conclusion:	Exonerated

Officer	Complainant	Allegation	CCRB Conclusion
Unknown Officer	Hispanic Male, 50-54	Force: Nightstick as club (incl asp & baton)	Officer(s) Unidentified
Smith, Timothy		Force: Nonlethal restraining device	Exonerated
Cruz, Eric	Hispanic Male, 51	Discourtesy: Word	Unfounded
Florio, John	Hispanic Male, 51	Offensive Language: Race	Unfounded
Florio, John	White Female, 49	Force: Chokehold	Unfounded
Unknown Officer	White Female, 45-49	Abuse of Authority: Threat of force (verbal or physical)	Officer(s) Unidentified
Unknown Officer	White Female, 45-49	Force: Physical force	Exonerated

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged 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.

Further details on conclusion definitions.