Complaint #201501048,
February 6, 2015

Officer: Unknown Officer
Complainant: Hispanic Male, 40-44
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 40-44
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Officer(s) Unidentified
Officer: Charles, Victor
Complainant: Hispanic Male, 41
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unsubstantiated
Officer: Charles, Victor
Complainant: Hispanic Male, 41
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Charles, Victor
Complainant: Hispanic Male, 41
Allegation: Force: Chokehold
CCRB Conclusion: Substantiated (Charges)
Officer: Unknown Officer
Complainant: Hispanic Male, 40-44
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Hispanic Male, 40-44 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Hispanic Male, 40-44 Force: Hit against inanimate object Officer(s) Unidentified
Charles, Victor Hispanic Male, 41 Force: Nightstick as club (incl asp & baton) Unsubstantiated
Charles, Victor Hispanic Male, 41 Discourtesy: Word Unsubstantiated
Charles, Victor Hispanic Male, 41 Force: Chokehold Substantiated (Charges)
Unknown Officer Hispanic Male, 40-44 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.


Penalty

Charles, Victor
Closed: Guilty after trial-PC Approved, November 18, 2016
APU Guilty
Forfeit vacation 20 days

Summary

On February 6, 2015, at approximately 9:30 p.m., [redacted] and his wife, [redacted] got into a dispute in front of their residence at [redacted] in Manhattan. PO Victor Charles and Lt. Washington Zurita of the 23rd Precinct were driving by and saw [redacted] strike [redacted] in the face. [redacted] fled inside the building after seeing the officers and unsuccessfully attempted to close the front door behind him. PO Charles joined [redacted] in the building's small vestibule and stood behind him while Lt. Zurita requested backup over the radio. Additional officers arrived and began entering the vestibule after approximately two minutes. PO Charles then allegedly said to [redacted], "Man, fuck that" (Allegation A). PO Charles held his asp in his right hand. He reached over [redacted]'s shoulders with both hands and pulled him backwards to the ground. In the process of pulling [redacted] to the ground, PO Charles put his asp against [redacted]'s neck (Allegation B). [redacted] fell to a seated position and PO Charles struck him in the lower back with the butt of his asp multiple times (Allegation C). Officers moved [redacted] onto his stomach and handcuffed him. An unidentified officer then allegedly grabbed the back of [redacted]'s head and struck his face against the ground (Allegation D). An unidentified officer also allegedly struck the left side of [redacted]'s jaw with his hand (Allegation E). A surveillance camera recorded video footage of [redacted]'s interaction with PO Charles and other officers inside the vestibule (BR01; BR02; BR03).
[redacted] was arrested for assault, resisting arrest, and endangering the welfare of a child (BR04). He was transported to the 23rd Precinct stationhouse, where unidentified officers allegedly said to him, "Shut the fuck up," "Shut your fucking mouth," and "Don't fucking talk unless we talk to you" (Allegation F). Read report for details.


Details

Incident: February 6, 2015
Received: February 13, 2015
Closed: October 7, 2015
Last Updated: October 2, 2025

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 25th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Christopher Banas, Bryan Carney, David Wheeler, Washington Zurita
Video evidence collected