Complaint #200914904, September 2009

Incident: September 18, 2009
Received: September 23, 2009
Closed: August 18, 2010


Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Yon Chang, Cedric Dixon, David Perez
Officer: Habib, Omar
Complainant: Hispanic Male, 40
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline)
Officer: Habib, Omar
Complainant: Hispanic Male, 40
Allegation: Force: Handcuffs too tight
CCRB Conclusion: Unsubstantiated
Officer: Briceno, Jose
Complainant: Hispanic Male, 40
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 40-44
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Habib, Omar Hispanic Male, 40 Force: Physical force Substantiated (Command Discipline)
Habib, Omar Hispanic Male, 40 Force: Handcuffs too tight Unsubstantiated
Briceno, Jose Hispanic Male, 40 Abuse of Authority: Refusal to process civilian complaint Unsubstantiated
Unknown Officer Hispanic Male, 40-44 Abuse of Authority: Stop Exonerated

Penalty

Habib, Omar
Charges and Specifications - Guilty
Vacation: 35 days / Suspension: 5 days


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.
'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.