Complaint #201401749,
February 23, 2014

Officer: Delgado, Vladimir
Complainant: Black Male, 29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Rivera, Daisy
Complainant: Black Male, 29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Gartner, Joseph
Complainant: Black Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Gartner, Joseph
Complainant: Black Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Gartner, Joseph
Complainant: Black Male, 31
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Wang, Lawrence
Complainant: Black Male, 31
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Dengler, Olivia
Complainant: Black Male, 29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Wang, Lawrence
Complainant: Black Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Delgado, Vladimir Black Male, 29 Force: Physical force Exonerated
Rivera, Daisy Black Male, 29 Force: Physical force Exonerated
Gartner, Joseph Black Male, 31 Force: Physical force Exonerated
Gartner, Joseph Black Male, 31 Force: Physical force Unsubstantiated
Gartner, Joseph Black Male, 31 Abuse of Authority: Retaliatory arrest Substantiated (Command Discipline B)
Wang, Lawrence Black Male, 31 Discourtesy: Word Substantiated (Formalized Training)
Dengler, Olivia Black Male, 29 Force: Physical force Exonerated
Wang, Lawrence Black Male, 31 Force: Physical force 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.
'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

Gartner, Joseph
Command Discipline - B

Wang, Lawrence
Instructions

Summary

On February 23, 2014, at White Plains Road and Pelham Parkway in the Bronx, PO Vladimir Delgado, PO Daisy Rivera, PO Joseph Gartner, and PO Olivia Dengler, of the 49th Precinct, arrested [redacted] after he became irate when he was stopped and asked to show his bus ticket. The officers pushed him to the ground and handcuffed him (Allegations A, B, C, and D). [redacted] and other individuals video recorded the arrest of [redacted]. PO Gartner approached [redacted] and asked him for identification. PO Gartner arrested [redacted] for video recording the original arrest (Allegation E). After [redacted] was handcuffed, he became combative with the officers. PO Gartner, PO Dengler, and PO Lawrence Wang of the 49th Precinct took [redacted] to the ground (Allegations C, D, and F). While on the ground, PO Wang told [redacted] to "calm the fuck down" and once [redacted] was in the police car, PO Wang told him to "move the fuck over" (Allegation G). There are two videos of the arrest of [redacted] and one video, taken by [redacted] of the arrest of [redacted] (encl. 30A-B; 40; 41). PO Dengler provided a false official statement in regards to [redacted] action during and after the arrest of [redacted] and is cited for other misconduct (Allegation I). The officers allege that while en route to the stationhouse, [redacted] threatened PO Gartner and his family. [redacted] alleged that at the stationhouse, PO Gartner pushed him to the ground and punched him in the face and torso (Allegation H).
This case is on the agency's sensitive case list due to press coverage (encl. 1A-R). Case numbers 201401817, 201401760, 201401805, and 201401962 were closed as duplicates of this complaint. Case number 201411919 was created as a spin-off to IAB regarding PO Dengler's statements in the criminal court complaint and on the arrest report. Read report for details.


Details

Incident: February 23, 2014
Received: February 24, 2014
Closed: March 6, 2015

Reason for contact: C/V intervened on behalf of/observed encounter w/3rd party
Location: Street/highway
In NYPD 49th Precinct Bronx
Outcome: Arrest - resisting arrest

Witness Officers: Thomas Gross, Joseph Helgerson, Marilyn Perezbrooks, Margaret Traceydonato, Edwin Vega
Video evidence collected