Complaint #201506210,
July 27, 2015

Officer: Vargas, Dennis
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Charges)
Officer: Vargas, Dennis
Complainant: White Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Davis, Christopher
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Charges)
Officer: Davis, Christopher
Complainant: White Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Davis, Christopher
Complainant: White Male, 32
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Vargas, Dennis Abuse of Authority: Premises entered and/or searched Substantiated (Charges)
Vargas, Dennis White Male, 32 Force: Physical force Unsubstantiated
Davis, Christopher Abuse of Authority: Premises entered and/or searched Substantiated (Charges)
Davis, Christopher White Male, 32 Force: Physical force Substantiated (Charges)
Davis, Christopher White Male, 32 Discourtesy: Word Substantiated (Charges)

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

Davis, Christopher
Forfeit vacation 18 days
Closed: Resolved by plea, January 19, 2018
APU Guilty
Forfeit vacation 5 days

Vargas, Dennis
Forfeit vacation 7 days
Closed: Resolved by plea, January 19, 2018
APU Guilty
Forfeit vacation 3 days

Summary

On July 27, 2015, at approximately 3:30 p.m., [redacted]s property management called 911 to report that [redacted] was causing a disturbance in their office. After realizing that the property management made this call, [redacted] retreated to his home, which was across the street, at [redacted], in the Bronx. A few minutes after he got back to his apartment, his friend, [redacted] who had been present in the property management office during the alleged disturbance, and [redacted]s home health aide, [redacted] also entered [redacted]s apartment.
At approximately 4:00 p.m., PO Christopher Davis and PO Dennis Vargas, of the 42nd Precinct arrived at [redacted]s home in response to the 911 call. [redacted] began recording the conversation as soon as he opened the door. Due to this interaction, PO Davis and PO Vargas entered [redacted]s apartment without consent (Allegation A and B). [redacted]s video captured PO Davis calling "[redacted]" and [redacted] (Allegation C). [redacted] pushed PO Davis' arm from the door, and PO Davis repeatedly pushed [redacted] into the residence (Allegation D). PO Vargas allegedly pushed [redacted] making contact with his left arm (Allegation E). At the conclusion of the physical struggle, PO Davis and PO Vargas left the residence. No arrests were made or summonses issued. Read report for details.


Details

Incident: July 27, 2015
Received: July 28, 2015
Closed: November 18, 2015

Reason for contact: Report of Disturbance/Noise Complaint
Location: Apartment/house
In NYPD 42nd Precinct Bronx
Outcome: No arrest made or summons issued

Video evidence collected