Complaint #201506161,
July 18, 2015

Officer: Bautista, Ernesto
Complainant: Hispanic Male, 27
Allegation: Force: Chokehold
CCRB Conclusion: Substantiated (Charges)
Officer: Bautista, Ernesto
Complainant: Hispanic Male, 27
Allegation: Force: Other
CCRB Conclusion: Substantiated (Charges)
Officer: Bautista, Ernesto
Complainant: Hispanic Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Diodonet, Francisco
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Guerrero, Ruben
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Formalized Training)
Officer Complainant Allegation CCRB Conclusion
Bautista, Ernesto Hispanic Male, 27 Force: Chokehold Substantiated (Charges)
Bautista, Ernesto Hispanic Male, 27 Force: Other Substantiated (Charges)
Bautista, Ernesto Hispanic Male, 27 Force: Physical force Unsubstantiated
Diodonet, Francisco Hispanic Male, 27 Abuse of Authority: Refusal to obtain medical treatment Substantiated (Formalized Training)
Guerrero, Ruben Hispanic Male, 27 Abuse of Authority: Refusal to process civilian complaint Substantiated (Formalized Training)

Conclusion Meanings:

'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.


Penalties

Diodonet, Francisco
Formalized Training

Bautista, Ernesto
Closed: Not guilty after trial-PC Approved, October 10, 2017
APU Not guilty

Guerrero, Ruben
Instructions
Command Level Instructions

Summary

On July 18, 2015, at approximately 12:43 a.m., [redacted] was arrested pursuant to being issued a summons for tinted windows, the discovery that [redacted] had an open I-card, and during a search incident to arrest, crack cocaine was recovered from his waistband and 10.31 ounces of marijuana were found in his vehicle (Board Review 11). PO Ernesto Bautista, from the 40th Precinct was called to the scene and assigned the arrest. [redacted] was transported to the 40th Precinct stationhouse and was placed in a holding cell. At approximately 6:00 a.m., while [redacted] made a phone call, PO Bautista used a chokehold on [redacted] restricted his breathing, and used physical force against him (Allegations A, B, and C). [redacted] spoke with PO Ruben Guerrero, from the 40th Precinct, and stated that he wanted to file a complaint against PO Bautista; PO Guerrero did not process [redacted] s complaint (Allegation D). PO Francisco Diodonet, also from the 40th Precinct, escorted [redacted] to Bronx Central Booking. PO Diodonet refused to provide medical attention to [redacted] (Allegation E). Read report for details.


Details

Incident: July 18, 2015
Received: July 27, 2015
Closed: January 12, 2016
Last Updated: October 2, 2025

Reason for contact: Other
Location: Police building
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime