Complaint #200900106,
January 1, 2009

Officer: Unknown Officer
Complainant: Hispanic Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 18-20
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Lynch, Seth
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Ortiz, Felipe
Complainant: Hispanic Female, 41
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Nikas, Elias
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
Officer: Lynch, Seth
Complainant: Hispanic Male, 20
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Exonerated
Officer: Vecvagars, Erik
Complainant: Hispanic Male, 20
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Vecvagars, Erik
Complainant: Hispanic Male, 22
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Unknown Officer
Complainant: Hispanic Male, 18-20
Allegation: Force: Pepper spray
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Unknown Officer
Complainant: Hispanic Male, 18-20
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Lynch, Seth
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Hispanic Male, 40-44 Force: Physical force Exonerated
Unknown Officer Hispanic Male, 18-20 Discourtesy: Word Exonerated
Lynch, Seth Abuse of Authority: Premises entered and/or searched Exonerated
Ortiz, Felipe Hispanic Female, 41 Force: Physical force Unsubstantiated
Nikas, Elias Abuse of Authority: Frisk Substantiated (Charges)
Lynch, Seth Hispanic Male, 20 Force: Nightstick as club (incl asp & baton) Exonerated
Vecvagars, Erik Hispanic Male, 20 Force: Pepper spray Exonerated
Vecvagars, Erik Hispanic Male, 22 Discourtesy: Word Unsubstantiated
Unknown Officer Hispanic Male, 18-20 Force: Physical force Alleged Victim Uncooperative
Unknown Officer Hispanic Male, 18-20 Force: Pepper spray Alleged Victim Uncooperative
Unknown Officer Hispanic Male, 18-20 Force: Nightstick as club (incl asp & baton) Alleged Victim Uncooperative
Lynch, Seth Abuse of Authority: Premises entered and/or searched Substantiated (Charges)

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

Nikas, Elias
No Disciplinary Action-DUP
Command Discipline - B

Lynch, Seth
No Disciplinary Action-DUP
Command Discipline - B

Summary

On January 1, 2009, at approximately 2:30AM, [redacted] was celebrating the New Year with his family and some neighbors inside his apartment, located at [redacted] in the Bronx, when PO Erik Vecvagars, Sgt. Seth Lynch, PO Felipe Ortiz, and other officers entered the building (Allegation A) and came to his apartment regarding the noise. PO Vecvagars ordered [redacted] out of the apartment. PO Vecvagars placed his hands on [redacted] to escort him out, and [redacted] and others inside the party pulled [redacted] back into the apartment. PO Vecvagars and other officers pulled [redacted] (Allegation B). After the officers pulled [redacted] into the hallway, the officers struggled at the door to get inside the apartment as the people on the inside pushed on the door to keep the officers out. During this time, PO Vecvagars sprayed pepper-spray inside the apartment (Allegation C) and Sgt. Lynch struck [redacted] and [redacted] with his asp (Allegation D). Officers also allegedly cursed at civilians (Allegation E). During the struggle, officers grabbed [redacted] and pulled him out of the doorway (Allegation B).
Officers gained entry (Allegation F), [redacted] alleged that an officer pepper-sprayed him in the face (Allegation G) and that officers struck him with batons and punched and kicked him (Allegations H and I). Inside the apartment, PO Ortiz placed [redacted] under arrest, and [redacted] alleged that he used excessive force in so doing (Allegation J). [redacted] alleged that when PO Vecvagars placed him under arrest, PO Vecvagars stated, "There's the fucker I maced in the face" (Allegation K). Captain Elias Nikas responded to the scene, and under his supervision, officers frisked all of the remaining individuals inside the apartment (Allegation L). Read report for details.


Details

Incident: January 1, 2009
Received: January 5, 2009
Closed: March 29, 2010

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Apartment/house
In NYPD 40th Precinct Bronx
Outcome: Arrest - resisting arrest

Witness Officers: Javier Aponte, Ritchie Baez, Ronald Connelly, Steven Ellman, Arie Froimovich, Otis Fulton, Vladimir Garcia, Clement Krug, Russell Lewis, Daryl Melhado, Adrian Ramos, Jose Romero