Complaint #201403417,
April 1, 2014

Officer: Lefkowitz, Logan
Complainant: Hispanic Male, 21
Allegation: Force: Nonlethal restraining device
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Force: Handcuffs too tight
CCRB Conclusion: Officer(s) Unidentified
Officer: Berger, Scott
Complainant: Hispanic Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Boyce, Joel
Complainant: Hispanic Male, 21
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Reyes, Jose
Complainant: Hispanic Male, 21
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Officer: Reyes, Jose
Complainant: Hispanic Male, 21
Allegation: Force: Chokehold
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Reyes, Jose
Complainant: Hispanic Male, 21
Allegation: Force: Other
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Reyes, Jose
Complainant: Hispanic Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Cruz, Carlos
Complainant: Hispanic Male, 21
Allegation: Force: Physical force
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Unsubstantiated
Officer: Almonte, Jose
Complainant: Age 21
Allegation: Force: Chokehold
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Board Conclusion
Lefkowitz, Logan Hispanic Male, 21 Force: Nonlethal restraining device Exonerated
CCRB Investigator Recommendation: Substantiated
Unknown Officer Hispanic Male, 21-24 Force: Handcuffs too tight Officer(s) Unidentified
Berger, Scott Hispanic Male, 21 Force: Physical force Substantiated (Command Discipline B)
Boyce, Joel Hispanic Male, 21 Abuse of Authority: Stop Substantiated (Command Discipline B)
Reyes, Jose Hispanic Male, 21 Abuse of Authority: Stop Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Reyes, Jose Hispanic Male, 21 Force: Chokehold Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Reyes, Jose Hispanic Male, 21 Force: Other Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Reyes, Jose Hispanic Male, 21 Force: Physical force Unsubstantiated
Cruz, Carlos Hispanic Male, 21 Force: Physical force Unsubstantiated
CCRB Investigator Recommendation: Exonerated
Almonte, Jose Age 21 Force: Chokehold Unsubstantiated
CCRB Investigator Recommendation: Substantiated
Unknown Officer Hispanic Male, 21-24 Force: Physical force Unfounded

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.
'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.


Penalties

Boyce, Joel
Command Discipline - B

Reyes, Jose
Command Discipline - B

Berger, Scott
No Disciplinary Action-DUP
No penalty

Summary

On April 1, 2014, at approximately 9:03 p.m., [redacted] and his friend, [redacted] were in front of 940 East 163rd Street in the Bronx. PO Jose Reyes and PO Joel Boyce from the 41st Precinct stopped [redacted] (Allegations A and B). PO Reyes and PO Boyce were backed up by multiple unidentified officers. During the stop, PO Reyes grabbed the collar of [redacted]s hoodie and allegedly pressed it against his throat, restricting his breathing (Allegations C and D). At some point, PO Scott Berger and PO Brittany McGee, both also from the 41st Precinct, and multiple unidentified officers arrived at the scene. PO Reyes, PO Boyce, and some unidentified officers then pulled [redacted] down to the ground. There, PO Berger participated in the handcuffing of [redacted] and allegedly repeatedly punched him in the head (Allegation E). [redacted] was eventually handcuffed and then placed into a marked patrol car, where PO Reyes also allegedly repeatedly punched him in the face (Allegation F). [redacted] and [redacted] were arrested, transported to the 41st Precinct stationhouse, and placed in a holding cell with other prisoners, including [redacted] and [redacted].
At some point, [redacted] spat at PO Cruz who then entered the cell and allegedly pushed him against a nearby wall (Allegation G). [redacted] then attempted to aid [redacted] and was immediately restrained with an alleged headlock by PO Jose Almonte from the 41st Precinct (Allegation H). PO Cruz then brought [redacted] down to the floor and allegedly repeatedly punched him in the head (within Allegation G). Multiple unidentified officers also allegedly kicked [redacted] and an unidentified officer allegedly pulled his right pinky finger back, causing a fracture there (Allegation I). During that time, an officer identified via investigation as Sgt. Logan Lefkowitz, also from the 41st Precinct, used a Taser gun against [redacted] (Allegation J). [redacted] was later handcuffed and placed inside another holding cell within the stationhouse. There, an unidentified... Read report for details.


Details

Incident: April 1, 2014
Received: April 9, 2014
Closed: July 28, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 41st Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: John Giesen, Richard Polidoro, Ramon Salcedo
Video evidence collected