Complaint #201406842,
May 2, 2014

Officer: Hernandez, Christian
Complainant: Black Male, 37
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Williams, Dervent
Complainant: Black Male, 37
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Aquino, Rafael
Complainant: Black Male, 37
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Charges)
Officer: Estevez, Emilio
Complainant: Black Male, 37
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Charges)
Officer: Hernandez, Christian
Complainant: Black Male, 37
Allegation: Abuse of Authority: Other
CCRB Conclusion: Unsubstantiated
Officer: Aquino, Rafael
Complainant: Black Male, 37
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Charges)
Officer: Estevez, Emilio
Complainant: Black Male, 37
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Hernandez, Christian Black Male, 37 Abuse of Authority: Threat of arrest Unsubstantiated
Williams, Dervent Black Male, 37 Abuse of Authority: Threat of arrest Unsubstantiated
Aquino, Rafael Black Male, 37 Abuse of Authority: Other Substantiated (Charges)
Estevez, Emilio Black Male, 37 Abuse of Authority: Other Substantiated (Charges)
Hernandez, Christian Black Male, 37 Abuse of Authority: Other Unsubstantiated
Aquino, Rafael Black Male, 37 Abuse of Authority: Other Substantiated (Charges)
Estevez, Emilio Black Male, 37 Discourtesy: Word Substantiated (Charges)

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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

Estevez, Emilio
Closed: Not guilty after trial-PC Approved, October 14, 2016
APU Not guilty

Aquino, Rafael
Closed: Not guilty after trial-PC Approved, October 14, 2016
APU Not guilty

Summary

On May 2, 2014, at approximately 9:30 p.m. (the complainant/victim provided the time as between 7:30 p.m. and 8:00 p.m., but the investigation credited the time recorded on NYPD documentation), at East 156th Street and Beck Street in the Bronx, [redacted] and his wife, [redacted] happened upon the arrest of an individual identified via the investigation as [redacted] by officers of the 41st Precinct. [redacted] alleged the following: When he began taking photographs, PO Rafael Aquino and Sgt. Christian Hernandez told him this was illegal and he was not allowed to do this (Allegations A and B). When [redacted] invoked his First Amendment right to take photographs, Sgt. Hernandez threatened to arrest him for disorderly conduct (Allegation C) and PO Emilio Estevez implied that he could not spell amendment (Allegation D). PO Estevez and PO Aquino pointed their flashlights at his camera in an attempt to interfere with his ability to take photographs (Allegations E and F). Sgt. Dervent Williams told him that he would be arrested the next time he took photographs and "crossed the line" (Allegation G). He was neither arrested nor issued a summons. PO Aquino made no memo book entries regarding the incident (Allegation H). Read report for details.


Details

Incident: May 2, 2014
Received: July 9, 2014
Closed: June 4, 2015
Last Updated: October 2, 2025

Reason for contact: C/V intervened on behalf of/observed encounter w/3rd party
Location: Street/highway
In NYPD 41st Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Rodolfo Almonte, Richard Polidoro, Pete Rodriguez, Shane Samuels