Complaint #201402042,
March 1, 2014

Officer: Peguero, Edwin
Complainant: Black Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Lee, James
Complainant: Black Male, 41
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Ochoa, Gustavo
Complainant: Black Male, 41
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Unknown Officer
Complainant: Black Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Laliberte, Keith
Complainant: Black Male, 41
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Munrett, Paul
Complainant: Black Male, 41
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Peguero, Edwin Black Male, 41 Force: Physical force Substantiated (Command Discipline B)
Lee, James Black Male, 41 Abuse of Authority: Vehicle search Exonerated
Ochoa, Gustavo Black Male, 41 Force: Physical force Substantiated (Command Discipline B)
Unknown Officer Black Male, 40-44 Force: Physical force Officer(s) Unidentified
Laliberte, Keith Black Male, 41 Force: Pepper spray Exonerated
Munrett, Paul Black Male, 41 Force: Nightstick as club (incl asp & baton) Exonerated
Unknown Officer Black Male, 40-44 Force: Physical force Officer(s) Unidentified

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalties

Ochoa, Gustavo
Command Discipline - B

Peguero, Edwin
Command Discipline - B

Summary

On March 1, 2014, at approximately 9:34 p.m., [redacted] was seated in his vehicle near the intersection of East 168th Street and 3rd Avenue in the Bronx. [redacted] was approached by PO James Lee, PO Gustavo Ochoa, and Sgt. Keith Laliberte of Patrol Borough Bronx Impact Response Team. [redacted] was asked to exit his vehicle and complied, at which point his vehicle was searched (Allegation A). The officers attempted to place [redacted] under arrest and Sgt. Laliberte used his pepper spray against [redacted] (Allegation B). Additional officers responded to the location. [redacted] alleged that several officers punched him 15 to 25 times over the course of five minutes (Allegation C) before he was placed in handcuffs and taken to the 42nd Precinct Stationhouse.
In the holding cell area at the 42nd Precinct Stationhouse, his handcuffs were removed and [redacted] was either asked to remove his shoes and socks or his shoelaces. PO Edwin Peguero punched [redacted] several times in the face (Allegation D) and PO Gustavo Ochoa kicked [redacted] several times in the face (Allegation E). While officers attempted to place [redacted] back in handcuffs, PO Paul Munrett struck [redacted] several times with his asp (Allegation F). [redacted] alleged that additional officers punched him and that, after he was placed in handcuffs, officers lifted him in the air and threw him into a holding cell (Allegation G).
[redacted] was taken by ambulance to [redacted], where he was diagnosed with a right medial orbital wall fracture, a right orbital floor fracture, and displaced fractures of the left transverse processes at L2 and L3 (See Medical Records). Read report for details.


Details

Incident: March 1, 2014
Received: March 4, 2014
Closed: July 17, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 42nd Precinct Bronx
Outcome: Arrest - resisting arrest

Witness Officers: Domingo Arjona, Raymond Barrett, Daniel Brady, Wilson Lozada, Brendan Mcguigan, Alejandro Ochoa, Enmanuel Rosario, Christopher Wintermute