Complaint #201410021,
September 20, 2014

Officer: Degen, Joseph
Complainant: Hispanic Female, 44
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Degen, Joseph
Complainant: Hispanic Female, 43
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Merizalde, Elvis
Complainant: Hispanic Male, 17
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Vallecillo, Pedro
Complainant: Hispanic Male, 46
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Vallecillo, Pedro
Complainant: Hispanic Male, 46
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unsubstantiated
Officer: Vallecillo, Pedro
Complainant: Hispanic Male, 46
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Degen, Joseph Hispanic Female, 44 Force: Physical force Substantiated (Command Discipline A)
Degen, Joseph Hispanic Female, 43 Force: Physical force Substantiated (Command Discipline A)
Merizalde, Elvis Hispanic Male, 17 Abuse of Authority: Search (of person) Unsubstantiated
Vallecillo, Pedro Hispanic Male, 46 Force: Physical force Substantiated (Command Discipline B)
Vallecillo, Pedro Hispanic Male, 46 Force: Nightstick as club (incl asp & baton) Unsubstantiated
Vallecillo, Pedro Hispanic Male, 46 Discourtesy: Word Unsubstantiated
Unknown Officer Hispanic Male, 15-17 Force: Physical force Officer(s) Unidentified

Conclusion Meanings:

'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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

Vallecillo, Pedro
No Disciplinary Action-DUP
No penalty

Degen, Joseph
No Disciplinary Action-DUP
No penalty

Summary

On September 20, 2015, at approximately 2:30 a.m., PO Elvis Merizalde and PO Pedro Vallecillo, both of the 72nd Precinct, approached [redacted] and [redacted] in the vicinity of 40th Street and 5th Avenue in Brooklyn. PO Merizalde immediately reached into [redacted] pocket and retrieved a knife (Allegation A). [redacted] pushed PO Merizalde and called out for his mother, [redacted] and his father, [redacted] who were located inside of a nearby bar. PO Merizalde attempted to arrest [redacted] who resisted by elbowing PO Merizalde, but numerous people exited the nearby bar and interfered in the arrest. [redacted] both punched and kicked PO Merizalde. It was also alleged by officers that [redacted], and [redacted] aunt, [redacted] pulled at PO Merizalde's clothing during the attempted arrest. PO Vallecillo called for backup and numerous officers from the 72nd Precinct arrived. As additional officers responded, PO Merizalde accidentally let go of [redacted] and [redacted] and [redacted] fled the location. PO Richard Rodriguez, PO Chang Chen and other officers, all from the 72nd Precinct, apprehended [redacted] in the vicinity of 41st Street and 6th Avenue in Brooklyn. [redacted] received facial injuries as a result of being taken to the ground (Allegation B). [redacted] was subsequently arrested for [redacted] (encl. 7 AN-AP). As [redacted] was being apprehended, all other civilians and officers remained in the vicinity of 40th Street and 5th Avenue in Brooklyn. The investigation determined that PO Gary Bonavita, Sgt. Frank Rodriguez, PO Vallecillo and other officers handcuffed and arrested [redacted] for [redacted] (encl. 7 BP-BS). PO Joseph Degen of the 72nd Precinct stationhouse apprehended [redacted] who was five months pregnant at the time of the incident, by taking her to the ground stomach first (Allegation C). PO Eric Roome of the 72nd Precinct approached to help handcuffs [redacted] handcuffing [redacted]. As PO Degen and PO Roome were [redacted], approached PO Degen and PO Degen pushed [redacted] onto the... Read report for details.


Details

Incident: September 20, 2014
Received: September 30, 2014
Closed: June 30, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 72nd Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Gary Bonavita, Chang Chen, Francisco Delossantos, Dennis Hoe, William Meyer, Richard Rodriguez, Eric Roome
Video evidence collected