Complaint #201404833,
May 17, 2014

Officer: Espinal, Jose
Complainant: White Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Allen, Justin
Complainant: Hispanic Female, 21
Allegation: Force: Chokehold
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - A
Officer: Allen, Justin
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - A
Officer: Allen, Justin
Complainant: White Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Allen, Justin
Complainant: Hispanic Female, 21
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Espinal, Jose
Complainant: Hispanic Female, 21
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Allen, Justin
Complainant: Hispanic Female, 21
Allegation: Force: Other
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Officer Complainant Allegation CCRB Conclusion
Espinal, Jose White Male, 22 Force: Physical force Exonerated
Allen, Justin Hispanic Female, 21 Force: Chokehold Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - A
Allen, Justin Abuse of Authority: Premises entered and/or searched Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - A
Allen, Justin White Male, 22 Force: Physical force Exonerated
Allen, Justin Hispanic Female, 21 Force: Physical force Exonerated
Espinal, Jose Hispanic Female, 21 Abuse of Authority: Threat of arrest Exonerated
Allen, Justin Hispanic Female, 21 Force: Other Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP

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.

Further details on conclusions.


Penalty

Allen, Justin
Command Discipline - A

Summary

On May 17, 2014, at approximately 4:00 p.m., [redacted] (encl. 17-28), [redacted] (encl. 29-36), [redacted] and [redacted] were inside of [redacted], in the Bronx. [redacted] and [redacted] were asleep in one of the bedrooms when [redacted] woke them up informing them that her boyfriend, [redacted] had appeared at the apartment for his clothes, asked her to have sex, and upon her refusal, hit [redacted] causing her to hit her head against the doorframe at the entrance to the apartment. [redacted] called 911 to report [redacted]. Within approximately 5-10 minutes, PO Justin Allen and PO Jose Espinal, both of the 44th Precinct, responded. [redacted] and [redacted] exited the apartment and spoke to PO Allen and PO Espinal in the hallway. [redacted] spoke with the officers and informed them about what had occurred, during which time [redacted] came up the stairs. [redacted] pointed out [redacted] to the officers and identified him as the person in question. PO Allen and PO Espinal turned to [redacted] and told him to turn around and place his hands behind his back. As this was occurring, both [redacted] and [redacted] were yelling back and forth at one another. In response to the noise from this incident, the neighbor in [redacted] identified by the CCRB as [redacted] (encl. 37-38), exited her apartment. Upon [redacted] observing [redacted]s behavior, she told [redacted] to calm down and that it would be "alright." Also during this time, neighbors from other floors began exiting their apartments and standing on the stairs observing the incident.
According to [redacted] as PO Allen and PO Espinal were giving [redacted] commands to place his hands behind his back, [redacted] stated, "For what?" while having his hands raised with his arms up. PO Allen and PO Espinal each grabbed one of [redacted]s arms and placed him against the wall as they attempted to rear handcuff him. [redacted] was stiffening his arms not permitting the officers to handcuff him. PO Espinal and PO Allen then pushed [redacted] to the ground by... Read report for details.


Details

Incident: May 17, 2014
Closed: July 28, 2015

Reason for contact: Report-domestic dispute
Location: Residential building
In NYPD 44th Precinct Bronx
Outcome: Arrest - OGA

Witness Officers: Sean Brown, Shaun Garrett, Jawuan Hubbard, Bolue Hui