Complaint #201403978,
March 28, 2014

Officer: Ortiz, Anderson
Complainant: Hispanic Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Kelly, Sean
Complainant: Hispanic Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Kelly, Sean
Complainant: Hispanic Male, 17
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Ortiz, Anderson Hispanic Male, 17 Force: Physical force Unsubstantiated
Kelly, Sean Hispanic Male, 17 Force: Physical force Unsubstantiated
Kelly, Sean Hispanic Male, 17 Discourtesy: Word Unsubstantiated

Conclusion Meanings:

'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.


Summary

On March 28, 2014, at approximately 12:15 a.m., [redacted] was walking east on West 166th Street in the Bronx with two acquaintances, [redacted] and [redacted]. When he reached the intersection with Summit Avenue, [redacted] heard someone yell, "Police!" The group was approached by PO Sean Kelly, PO Anderson Ortiz, and Det. Eric Miller of the 44th Precinct. [redacted] allegedly removed a firearm from his pants and threw it under a parked car. PO Kelly allegedly punched [redacted] in the face once before handcuffing him, twice after he was handcuffed, and again when he placed [redacted] in a police vehicle (Allegation A). PO Ortiz also allegedly punched [redacted] in the face (Allegation B). PO Kelly also allegedly said to [redacted], "Shut the fuck up" (Allegation C). [redacted] later escaped from the police vehicle while still handcuffed behind his back and ran nearly a block before PO Kelly tackled him. As [redacted] lay on the ground, PO Kelly allegedly punched his face three times and kicked his face once (Allegation A). PO Ortiz allegedly kicked [redacted] in the left leg (Allegation B) Read report for details.


Details

Incident: March 28, 2014
Received: April 24, 2014
Closed: April 14, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Steven Cruver, James Garcia, Eric Miller