Complaint #201501832,
March 1, 2015

Officer: Ruiz, Nicholas
Complainant: Hispanic Male, 38
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Lasala, Frank
Complainant: Hispanic Male, 38
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mann, Richard
Complainant: Hispanic Male, 38
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Distefano, Christopher
Complainant: Hispanic Male, 38
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Ruiz, Nicholas Hispanic Male, 38 Force: Nightstick as club (incl asp & baton) Substantiated (Formalized Training)
Lasala, Frank Hispanic Male, 38 Force: Physical force Exonerated
Mann, Richard Hispanic Male, 38 Force: Physical force Exonerated
Distefano, Christopher Hispanic Male, 38 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.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalty

Ruiz, Nicholas
Formalized Training

Summary

On March 1, 2015, at approximately 2:41 a.m., PO Matthew Hynes and PO Jason Michaud responded to a report of a domestic dispute at [redacted] in Queens. When they arrived at that location, they encountered [redacted] who was nude but for a pair of boxers, as well as his wife, [redacted] and [redacted]-old daughter, [redacted] both of whom had visible injuries, and both of whom said [redacted] had assaulted them.
When PO Hynes and PO Michaud attempted to arrest [redacted] for assault, [redacted] fled from [redacted]. PO Hynes and PO Michaud pursued [redacted] on foot to the vicinity of Grenfell Street and 80 Road, where they lost sight of him. They requested additional units. PO Richard Mann and PO Nicholas Ruiz responded. PO Michaud and PO Hynes climbed into the backseat of their RMP to continue canvassing for [redacted]. Another RMP containing PO Frank Lasala and PO Christopher Distefano also responded.
While canvassing, PO Lasala and PO Distefano again saw [redacted] on 80 Road in between Austin Street and Grenfell Street. When they attempted to stop [redacted] he fled in the direction of the underpass on Austin Street that cuts beneath the Jackie L. [redacted] Parkway. PO Lasala and PO Distefano relayed their location to PO Mann and PO Ruiz. In the course of apprehending and handcuffing [redacted] PO Lasala and PO Distefano used physical force against him by bringing him to the ground and allegedly kicking and punching [redacted] (Allegations A and B). When PO Mann and PO Ruiz arrived, they left PO Michaud and PO Hynes locked in the backseat of their vehicle, and PO Michaud and PO Hynes therefore did not participate in the struggle with [redacted]. PO Mann also assisted in handcuffing [redacted] and allegedly participated in kicking him and punching him (Allegation C), while PO Ruiz struck [redacted] with his asp about his upper back and the back of his head (Allegation D).
[redacted] was arrested and charged with [redacted] criminal obstruction of breathing, resisting arrest, acting in a manner injurious... Read report for details.


Details

Incident: March 1, 2015
Received: March 16, 2015
Closed: August 17, 2015

Reason for contact: Report-domestic dispute
Location: Street/highway
In NYPD 102nd Precinct Queens
Outcome: Arrest - resisting arrest

Witness Officers: Gregory Abrahams, James Centeno, Michael Edmonds, Matthew Hynes, Jason Michaud
Video evidence collected