Complaint #201505990,
July 18, 2015

Officer: Baker, Devin
Complainant: Black Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Baker, Devin
Complainant: Black Male, 27
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Morla, Rafael
Complainant: Black Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Ryan, Robert
Complainant: Black Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Perez, Richard
Complainant: Black Male, 27
Allegation: Force: Other
CCRB Conclusion: Unfounded
Officer: Wendler, Joseph
Complainant: Black Male, 27
Allegation: Force: Other
CCRB Conclusion: Unfounded
Officer: Ponzo, Elio
Complainant: Black Male, 27
Allegation: Abuse of Authority: Other
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Baker, Devin Black Male, 27 Force: Physical force Exonerated
Baker, Devin Black Male, 27 Discourtesy: Word Unsubstantiated
Morla, Rafael Black Male, 27 Force: Physical force Exonerated
Ryan, Robert Black Male, 27 Force: Physical force Exonerated
Perez, Richard Black Male, 27 Force: Other Unfounded
Wendler, Joseph Black Male, 27 Force: Other Unfounded
Ponzo, Elio Black Male, 27 Abuse of Authority: Other 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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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 18, 2015, at about 9:30 p.m., [redacted] was barbecuing in the Red Hook Recreation Area, a public park, at the intersection of Clinton Street and Lorraine Street in Brooklyn. [redacted] was with his girlfriend, [redacted] and three other friends who [redacted] declined to identify. A group of officers in a marked police van, identified by the investigation as PO Devin Baker, Sgt. Elio Ponzo, PO Tanya Pelzer, and PO Robert Ryan, all of the 76th Precinct, approached and warned the group that the park was closing at 10 p.m. The officers told [redacted] they would give him time to clean up and left. [redacted] and his group did not leave the area.
At about 10:15 p.m., PO Baker, Sgt. Ponzo, PO Pelzer, and PO Ryan returned. They were accompanied by PO Rafael Morla and PO Jessica Rodriguez, both of the 71st Precinct, in a separate marked vehicle. The officers instructed [redacted] to leave, and [redacted] refused. [redacted] began to film the officers on his cell phone. [redacted] came within about a foot of Sgt. Ponzo as he recorded him. Sgt. Ponzo then knocked [redacted] cell phone from his hand onto the ground (Allegation A) and said, "Lock him up." [redacted] lost the video he recorded of this incident.
In the course of handcuffing [redacted] PO Baker, PO Morla, and PO Ryan grabbed and brought him onto the ground (Allegations B, C, and D). PO Baker punched [redacted] (subsumed under Allegation B). An officer, who [redacted] did not see and therefore could not describe or otherwise identify, kicked [redacted] once on his shin (Allegation E). PO Baker allegedly told [redacted] "Shut the fuck up" (Allegation F). [redacted] was arrested for [redacted] (BR 01).
[redacted] was transported to the 76th Precinct stationhouse. An ambulance was called for [redacted] was uncooperative with EMS to the point that ESU was requested. PO Joseph Wendler and Det. Richard Perez of ESU 6 responded and draped a sheet over [redacted] head, which allegedly restricted his breathing (Allegations G and H). Read report for details.


Details

Incident: July 18, 2015
Received: July 21, 2015
Closed: November 18, 2015

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 76th Precinct Brooklyn
Outcome: Arrest - assault (against a PO)

Witness Officers: Emellyndl Alegre, Taunya Pelzer, Jessica Schreckenstein, Shingru Wang