Complaint #201114157, October 2011

Incident: October 23, 2011
Received: November 1, 2011
Closed: September 28, 2012


Reason for contact: PD suspected C/V of violation/crime - subway
Location: Subway station/train
In NYPD 33rd Precinct Manhattan
Outcome: Arrest - assault (against a PO)
Officer: Montoya, Edward
Complainant: Black Male, 30
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Montoya, Edward
Complainant: Black Male, 30
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Yarbrough, Robert
Complainant: Black Male, 30
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Exonerated
Officer: Montoya, Edward
Complainant: Black Male, 30
Allegation: Abuse of Authority: Property damaged
CCRB Conclusion: Unsubstantiated
Officer: Montoya, Edward
Complainant: Black Male, 30
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Yarbrough, Robert
Complainant: Black Male, 30
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Montoya, Edward Black Male, 30 Force: Pepper spray Exonerated
Montoya, Edward Black Male, 30 Force: Physical force Exonerated
Yarbrough, Robert Black Male, 30 Force: Nightstick as club (incl asp & baton) Exonerated
Montoya, Edward Black Male, 30 Abuse of Authority: Property damaged Unsubstantiated
Montoya, Edward Black Male, 30 Abuse of Authority: Stop Exonerated
Yarbrough, Robert Black Male, 30 Abuse of Authority: Stop Exonerated

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.
'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.