Complaint #201505530,
July 4, 2015

Officer: Gomez, Juan
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Hannigan, James
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Hannigan, James
Complainant: Hispanic Male, 24
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Hannigan, James
Complainant: Hispanic Male, 24
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Gomez, Juan
Complainant: Hispanic Male, 24
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Gomez, Juan Hispanic Male, 24 Abuse of Authority: Stop Unsubstantiated
Hannigan, James Hispanic Male, 24 Abuse of Authority: Stop Unsubstantiated
Hannigan, James Hispanic Male, 24 Discourtesy: Word Unsubstantiated
Hannigan, James Hispanic Male, 24 Force: Physical force Unsubstantiated
Gomez, Juan Hispanic Male, 24 Force: Physical force 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 July 4, 2015 at approximately 2:15 pm, [redacted] was outside talking to his friend, [redacted] through the window of [redacted] building located on the first floor of [redacted] in the Bronx. [redacted] went back into his apartment and [redacted] pulled his head back from the window. [redacted] crossed the street, stood on the sidewalk, smoked a Newport cigarette, and played with his phone when he saw a police car patrolling the street. PO Juan Gomez and PO James Hannigan of Patrol Borough Bronx pulled up and PO Gomez told [redacted] that he was watching him and that he knew what [redacted] was doing. [redacted] told PO Gomez that he was not doing anything. [redacted] old nephew, [redacted] then arrived and the officers left.
The officers passed by [redacted] and [redacted] again and PO Hannigan allegedly told [redacted] "get the fuck out of here" (Allegation A). [redacted] asked why and PO Hannigan told him to leave again. [redacted] asked what would happen if he stayed and PO Hannigan told him that he would write him a summons. [redacted] waited for his brother, [redacted] and when his brother approached the officers followed behind him.
PO Gomez and PO Hannigan approached [redacted] and asked him why he did not leave and [redacted] asked why he had to leave. PO Hannigan asked for [redacted]s ID and [redacted] handed his ID to PO Hannigan (Allegation B and Allegation C). PO Gomez said that there was a big group and a summons would be given to him for failure to disperse.
As PO Hannigan wrote the summons, PO Gomez continued to speak with [redacted]. [redacted] told PO Gomez something to the effect of "without that badge and that gun, it would be a different story, I'll fuck you up." PO Gomez then took his handcuffs out, pushed [redacted] against a car, and tried to handcuff [redacted] (Allegation D). [redacted] moved his arms away and asked why he was being arrested. [redacted] did not make any attempt to strike an officer. It is disputed whether he assumed a fighting stance. A scuffle ensued between... Read report for details.


Details

Incident: July 4, 2015
Received: July 5, 2015
Closed: December 3, 2015

Reason for contact: Other
Location: Residential building
In NYPD 52nd Precinct Bronx
Outcome: Arrest - other violation/crime