Complaint #201501251,
February 21, 2015

Officer: Benitez, Wilfredo
Complainant: Male, 34
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Benitez, Wilfredo
Complainant: Male, 34
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Benitez, Wilfredo Male, 34 Force: Physical force Unsubstantiated
Benitez, Wilfredo Male, 34 Discourtesy: Word Unsubstantiated

Conclusion Meanings:

'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 February 21, 2015, at approximately 12:01 a.m., inside [redacted] in the Bronx, [redacted] was in the process of exiting the building when he was stopped by PO Diego Jimenez and PO Wilfredo Benitez in the building's lobby. The building is a Clean Halls Building. PO Benitez began asking [redacted] whether he was a resident of the building. At one point during their exchange, PO Benitez called [redacted] a "fucking liar" (Allegation A). During this time, [redacted] was holding his cellphone in his left hand. As he attempted to dial out, PO Benitez grabbed [redacted] s collar in order to stop him. [redacted] believing that PO Benitez was attempting take his phone, pushed PO Benitez's hand away. Immediately after, PO Benitez struck [redacted] above the left side of his lip, causing a laceration (Allegation B). After being placed in handcuffs, and while the officers were walking him to the RMP, PO Benitez called [redacted] a "motherfucker" and told him that he should not have "fucking" resisted (within Allegation A). Read report for details.


Details

Incident: February 21, 2015
Received: February 22, 2015
Closed: June 4, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Residential building
In NYPD 44th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Diego Jimenez