Complaint #200902120,
February 11, 2009

Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Zollo, Daniel
Complainant: Black Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Zollo, Daniel
Complainant: Black Male, 25
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Zollo, Daniel
Complainant: Black Male, 25
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unfounded
Officer: Afanador, David
Complainant: Black Male, 25
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Afanador, David
Complainant: Black Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Rodriguez, Nydia
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Complaint Withdrawn
Officer: Rodriguez, Nydia
Complainant: Black Male, 25
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 25-29 Force: Physical force Exonerated
Zollo, Daniel Black Male, 25 Force: Physical force Exonerated
Zollo, Daniel Black Male, 25 Discourtesy: Word Unsubstantiated
Zollo, Daniel Black Male, 25 Abuse of Authority: Refusal to obtain medical treatment Unfounded
Afanador, David Black Male, 25 Force: Gun Pointed Exonerated
Afanador, David Black Male, 25 Force: Physical force Exonerated
Rodriguez, Nydia Abuse of Authority: Threat of arrest Complaint Withdrawn
Rodriguez, Nydia Black Male, 25 Force: Gun Pointed 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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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.


Summary

On February 11, 2009, at approximately 6:00 p.m., [redacted] was seated in a van that was parked on Utica Avenue and Eastern Parkway in Brooklyn. Also present in his car was [redacted] Sergeant Daniel Zollo, Officer David Afanador, and Officer Nydia Rodriguez, approached [redacted] with the intention of issuing him a parking summons. [redacted] attempted to flee the scene by driving away, prompting Officer Afanador and Officer Rodriguez to draw their guns and point them at [redacted] through the front windshield of his vehicle (Allegation A and Allegation B) and Sergeant Zollo to break the driver's side window. [redacted] exited the van, allowing Officer Afanador and Officer Rodriguez to enter the van through the passenger door. [redacted] alleged that Officer Afanador used his gun to strike him on the right side of his face by his temple three times and used his feet to kick him from the van (Allegation C) while Sergeant Zollo dragged him out (Allegation D), causing him to fall onto the street. [redacted] claimed that after he was handcuffed, Sergeant Zollo punched him in the head (Allegation D continued) and Officer Afanador struck him an unspecified number of times on an unspecified part of his body (Allegation C continued). Approximately four unidentified uniformed officers responded to the location to aid in the arrest. [redacted] alleged that the unidentified officers used force against him by twisting his foot, punching him in the head and kicking him as he lay on the ground (Allegation E). [redacted] who remained at the incident location, approached Officer Rodriguez to ask why he had been arrested. She alleged that Officer Rodriguez threatened to arrest her if she did not leave (Allegation F). [redacted] was arrested and transported to the 77th Precinct stationhouse for arrest processing. He alleged that when he was in a holding cell, Sergeant Zollo referred to him as a "son of a bitch" and told him that he would not obtain medical treatment for him (Allegation G and Allegation H). Read report for details.


Details

Incident: February 11, 2009
Received: February 12, 2009
Closed: December 24, 2009

Reason for contact: Parking violation
Location: Street/highway
In NYPD 77th Precinct Brooklyn
Outcome: Arrest - other violation/crime