Complaint #200818525,
December 23, 2008

Officer: Pena, Luis
Complainant: Black Male, 39
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Pena, Luis
Complainant: Black Male, 39
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Pena, Luis
Complainant: Black Male, 16
Allegation: Abuse of Authority: Question
CCRB Conclusion: Substantiated (Charges)
Officer: Pena, Luis
Complainant: White Male, 18
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Pena, Luis
Complainant: Black Male, 16
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Pena, Luis
Complainant: Black Male, 39
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Pena, Luis Black Male, 39 Force: Chokehold Unsubstantiated
Pena, Luis Black Male, 39 Discourtesy: Word Unsubstantiated
Pena, Luis Black Male, 16 Abuse of Authority: Question Substantiated (Charges)
Pena, Luis White Male, 18 Abuse of Authority: Search (of person) Exonerated
Pena, Luis Black Male, 16 Abuse of Authority: Search (of person) Unsubstantiated
Pena, Luis Black Male, 39 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated

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.


Penalty

Pena, Luis
Command Discipline - B

Details

Incident: December 23, 2008
Received: December 26, 2008
Closed: March 23, 2010

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Apartment/house
In NYPD 28th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Timothy Cai, Angel Gonzalez, William Patrick, Gary Perez, Joan Pichardo