Complaint #201409255,
September 4, 2014

Officer: Torres, Felix
Complainant: Hispanic Female, 40
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Torres, Felix
Complainant: Hispanic Male, 17
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Torres, Felix
Complainant: Hispanic Male, 17
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer: Torres, Felix
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Torres, Felix
Complainant: Hispanic Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Torres, Felix
Complainant: Hispanic Male, 17
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Torres, Felix Hispanic Female, 40 Force: Physical force Exonerated
Torres, Felix Hispanic Male, 17 Abuse of Authority: Stop Exonerated
Torres, Felix Hispanic Male, 17 Force: Other Unsubstantiated
Torres, Felix Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Torres, Felix Hispanic Male, 17 Force: Physical force Substantiated (Command Discipline A)
Torres, Felix Hispanic Male, 17 Force: Chokehold Unsubstantiated

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.
'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 September 4, 2014, at approximately 5:30 p.m., [redacted] and [redacted] were on the [redacted] in the Bronx when [redacted]'s dog ran up the stairs and onto the rooftop of the building via an open door. [redacted] approached the rooftop to retrieve the dog, and two officers, identified via investigation as PO Felix Torres and PO Antonio Gomes, both from the 46th Precinct, eventually approached him. At some point, PO Torres attempted to apprehend [redacted] and the two of them fell down from a stairwell onto its landing, which is located between the top floor and the rooftop (Allegations A and B). There, PO Torres allegedly punched [redacted] placed him in a chokehold, and restricted his breathing (within Allegation B and Allegations C and D). [redacted] eventually approached PO Torres, who was in the midst of apprehending [redacted] and was then allegedly pushed back by PO Torres (Allegation E). Soon thereafter, PO Torres allegedly stated to [redacted] "If you're a real man, come up the steps" (Allegation F). [redacted] was eventually transported to the 46th Precinct stationhouse and then released with two summonses. [redacted] was issued a summons for [redacted]. Read report for details.


Details

Incident: September 4, 2014
Received: September 6, 2014
Closed: June 3, 2015

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Residential building
In NYPD 46th Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Antonio Gomes