Complaint #201405363,
April 23, 2014

Officer: Unknown Officer
Complainant: Hispanic Male, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Krug, Clement
Complainant: Hispanic Male, 49
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 45-49
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Hispanic Male, 45-49 Force: Physical force Exonerated
Krug, Clement Hispanic Male, 49 Discourtesy: Word Unsubstantiated
Unknown Officer Hispanic Male, 45-49 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Hispanic Male, 45-49 Force: Physical force Exonerated
Unknown Officer Hispanic Male, 45-49 Force: Pepper spray 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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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 23, 2014, at 1:45 a.m., [redacted] was pushing a stolen scooter northbound on Walton Avenue towards the intersection of East 144th Street in the Bronx. [redacted] was with his friend, [redacted] At this time, PO Edward Langseder and PO Clement Krug of the 40th Precinct observed the men and stopped them. [redacted] and [redacted] ran from the officers but [redacted] surrendered to PO Langseder shortly after he started to run. PO Krug chased after [redacted] and said, "Stop, you asshole. If you don't stop, I'll make things harder for you when I catch you," (Allegation A). [redacted] continued to run until he was confronted by six officers who stepped out of a marked van that pulled up ahead of him.
One of these officers stated, "Stop, you fuck," pepper sprayed [redacted] in the eyes and struck him on the cheek with a closed fist (Allegations B, C and D). This officer grabbed [redacted] by his shirt collar and both men fell to the ground. After falling on the ground, [redacted] rolled over onto his stomach. [redacted] felt officers punch him on the back of his neck and knees and kick him in the middle of his back (Allegation E) (encl. 4A-M). [redacted] was placed in handcuffs, taken to the 40th Precinct stationhouse and charged with [redacted] Read report for details.


Details

Incident: April 23, 2014
Received: June 2, 2014
Closed: January 30, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Arrest - resisting arrest

Witness Officers: Jeffrey Grater, Edward Langseder, Francesco Pomilla, Argenis Rosado, Jason Stocker