Complaint #200816117,
November 6, 2008

Officer: Nunez, Osvaldo
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Troncoso, Jose
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Vergara, Nelson
Complainant: Hispanic Male, 53
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Nunez, Osvaldo
Complainant: Hispanic Male, 53
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Nunez, Osvaldo Abuse of Authority: Premises entered and/or searched Exonerated
Troncoso, Jose Abuse of Authority: Premises entered and/or searched Exonerated
Vergara, Nelson Hispanic Male, 53 Abuse of Authority: Threat of arrest Exonerated
Nunez, Osvaldo Hispanic Male, 53 Abuse of Authority: Threat of arrest Exonerated

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.

Further details on conclusions.


Summary

On November 6, 2008, at approximately 10:00pm, Officer Jose Troncoso and Officer Nelson Vergara responded to [redacted] of [redacted] in Manhattan, the residence of [redacted] in regards to a report of possible child neglect. Officer Troncoso and Officer Vergara asked to see [redacted]-old grandson [redacted]. Upon examining [redacted] who was partially-clothed and had a bruise on his arm, Officer Vergara and Officer Troncoso stated that they needed to enter [redacted] apartment, but he refused. Officer Troncoso placed his foot in the doorway, preventing him from closing the door (Allegation A). When [redacted] continued to refuse the officers' entry to his apartment, Officer Vergara threatened to arrest him (Allegation B). Officer Vergara and Officer Troncoso requested a supervisor to the scene, and Lieutenant Osvaldo Nunez arrived shortly thereafter with Officer Nelson Batista. After taking [redacted] to another floor for questioning, Lieutenant Nunez, followed by Officer Troncoso, Officer Vergara and Officer Batista, proceeded to enter and check [redacted] apartment to verify whether or not the environment was safe and suitable for a child (Allegation C). Lieutenant Nunez determined that no crime had been committed, and had Officer Vergara and Officer Troncoso fill out a Domestic Incident Report and notify the State Registry. [redacted] alleged that Lieutenant Nunez stated that he could be arrested for child endangerment for allowing [redacted] to go down to the street unaccompanied (Allegation D). [redacted] Read report for details.


Details

Incident: November 6, 2008
Received: November 7, 2008
Closed: June 29, 2009

Reason for contact: Report-noise/disturbance
Location: Apartment/house
In NYPD 33rd Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Nelson Batista