Complaint #201506161, July 2015

Incident: July 18, 2015
Received: July 27, 2015
Closed: January 12, 2016


Document: Complaint Closing Report

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

Penalties

Diodonet, Francisco
Formalized Training

Bautista, Ernesto
Dismissal Probation
Closed: Not guilty after trial, October 2017
APU Not guilty

Guerrero, Ruben
Instructions
Command Level Instructions


Conclusion Meanings:

'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.