Complaint #201500673,
January 24, 2015

Officer: Zanca, John
Complainant: Black Male, 25
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Stuart, Sherrod
Complainant: Black Male, 25
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Force: Chokehold
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Force: Other
CCRB Conclusion: Officer(s) Unidentified
Officer: Zanca, John
Complainant: Black Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Stuart, Sherrod
Complainant: Black Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Stuart, Sherrod
Complainant: Black Male, 25
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unsubstantiated
Officer: Nesto, Michael
Complainant: Black Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Zanca, John Black Male, 25 Abuse of Authority: Vehicle search Substantiated (Formalized Training)
Stuart, Sherrod Black Male, 25 Abuse of Authority: Vehicle search Substantiated (Formalized Training)
Unknown Officer Black Male, 25-29 Force: Chokehold Officer(s) Unidentified
Unknown Officer Black Male, 25-29 Force: Other Officer(s) Unidentified
Zanca, John Black Male, 25 Force: Physical force Unsubstantiated
Stuart, Sherrod Black Male, 25 Force: Physical force Unsubstantiated
Stuart, Sherrod Black Male, 25 Force: Nightstick as club (incl asp & baton) Unsubstantiated
Nesto, Michael Black Male, 25 Force: Physical force Exonerated
Unknown Officer Black Male, 25-29 Force: Physical force 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
'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

Stuart, Sherrod
Formalized Training

Zanca, John
Formalized Training

Summary

On January 24, 2015, at approximately 1:50 a.m., [redacted] was driving his vehicle with passengers [redacted] and [redacted] when the vehicle was stopped by PO John Zanca and PO Sherrod Stuart. Additional units, including Sgt. John Ferrara, PO Ruben Serrano and an unknown number of unidentified officers responded shortly thereafter. All of the officers approached [redacted]'s vehicle. After asking everyone to exit the vehicle, PO Zanca and PO Stuart searched [redacted]'s vehicle (Allegations A and B). Officers attempted to arrest [redacted] An officer, who [redacted] did not see, allegedly wrapped his hand around the front of [redacted]'s neck, causing his breathing to become restricted for four to five minutes, and later caused him chest pains (Allegations C and D). [redacted] alleged that PO Zanca and PO Stuart punched him in the back of the head, the left side of his face, and around his neck region "hundreds of times" (Allegation E and F). PO Stuart then allegedly struck [redacted] on his legs with an asp more than ten times (Allegation G). [redacted] was eventually handcuffed and charged with an unsafe lane change, disorderly conduct, aggravated unlicensed operation of a vehicle, obstruction of governmental administration, resisting arrest, and assault against a police officer in the second degree.
While in the holding cells at the 40th Precinct stationhouse, [redacted] was admittedly being disruptive, prompting Sgt. Sastri Drysdale, PO Michael Nesto, PO Kevin Dempsey and PO Raymon Martinez to escort him to another cell. [redacted] alleged that PO Nesto punched him on the left side of his face multiple times and the other officers also punched and kicked him (Allegations and I). [redacted] was eventually re-handcuffed and placed into a holding cell by himself. [redacted] was then re-arrested and charged with assault against a police officer in the second degree, assault with intent to cause serious physical injury to an officer in the second degree, and harassment in the second degree. [redacted] was... Read report for details.


Details

Incident: January 24, 2015
Received: January 29, 2015
Closed: September 3, 2015

Reason for contact: Moving violation
Location: Police building
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Kevin Dempsey, Sastri Drysdale, John Ferrara, Raymon Martinez, Ruben Serrano