Complaint #201404097,
April 22, 2014

Officer: Cruz, Evan
Complainant: Black Male, 50
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Cruz, Evan
Complainant: Black Male, 50
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Gautreaux, Jose
Complainant: Black Male, 50
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Cruz, Evan Black Male, 50 Force: Physical force Exonerated
Cruz, Evan Black Male, 50 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Gautreaux, Jose Black Male, 50 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.
'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 April 22, 2014, at approximately 12:45 p.m., [redacted] was arrested and brought to the Transit Bureau District 12 stationhouse in the Bronx. [redacted] was placed in a holding cell by his arresting officer, PO Evan Cruz. PO Cruz and Sgt. Jose Gautreaux attempted to obtain [redacted] shoelaces, but [redacted] refused to comply with them. Instead, he verbally refused, placed his hands in his pockets, and moved away from the officers. PO Cruz and Sgt. Gautreaux swept [redacted] feet and took him to the ground (with [redacted] landing on his chest). [redacted] alleged that, once he was on the ground, the officers pulled on the left handcuff, causing his right arm to be yanked behind him. Sgt. Gautreaux then kneed him in the back four times (Allegations A and B). [redacted] told the officers present that he wanted to go to the hospital, and PO Cruz told him the if went to the hospital he would be charged with resisting arrest, assaulting an officer, and a third (unknown) charge (Allegation C). [redacted] told PO Cruz that he did not want to go to the hospital. He was then brought to Central Booking for processing. Read report for details.


Details

Incident: April 22, 2014
Received: April 29, 2014
Closed: March 11, 2015

Reason for contact: PD suspected C/V of violation/crime - subway
Location: Police building
In NYPD 48th Precinct Bronx
Outcome: Arrest - other violation/crime