Complaint #201506382,
June 23, 2015

Officer: Bowden, Lorraine
Complainant: Hispanic Male, 35
Allegation: Force: Animal
CCRB Conclusion: Exonerated
Officer: Szachacz, Walter
Complainant: Hispanic Male, 35
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Reivers, Conway
Complainant: Hispanic Male, 35
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Cruz, Benito
Complainant: Hispanic Male, 35
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 35-39
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 35-39
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 35-39
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Officer(s) Unidentified
Officer: Szachacz, Walter
Complainant: Hispanic Male, 35
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Bowden, Lorraine Hispanic Male, 35 Force: Animal Exonerated
Szachacz, Walter Hispanic Male, 35 Force: Physical force Exonerated
Reivers, Conway Hispanic Male, 35 Force: Physical force Exonerated
Cruz, Benito Hispanic Male, 35 Discourtesy: Word Unsubstantiated
Unknown Officer Hispanic Male, 35-39 Force: Physical force Officer(s) Unidentified
Unknown Officer Hispanic Male, 35-39 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Hispanic Male, 35-39 Abuse of Authority: Threat of force (verbal or physical) Officer(s) Unidentified
Szachacz, Walter Hispanic Male, 35 Force: Gun Pointed 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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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 June 23, 2015, at approximately 3:30 a.m., [redacted] was sleeping underneath a car in a large junkyard and automobile repair lot at [redacted] in the Bronx. [redacted] had nowhere to sleep that night so he earlier jumped over the gate, did heroin and went underneath the car. Officers from the 40th Precinct and Patrol Borough Bronx responded to a call of a burglary and arrested two men outside of the lot. It was reported that two more individuals were inside. A search of the lot by these officers was negative. Sgt. Sastri Drysdale of Patrol Borough Bronx called for the Aviation Unit and ESU. Six officers from ESU searched the lot. When [redacted] noticed officers come into the lot, he crawled underneath another car where he did not think they would find him. While hiding, he fell asleep. [redacted] woke up to an officer announcing, "Police. Don't move. Put your hands where I can see them." Det. Walter Szachacz of ESU 3 pointed his firearm at [redacted] (Allegation A). A police K-9 handled by Det. Lorraine Bowden of the ESU Canine Unit allegedly bit [redacted] on both of his legs (Allegation B). On the other side of the car, Det. Szachacz and Det. Conway Reivers of ESU 3 grabbed [redacted]'s arms, pulled him out by his armpits and handcuffed him (Allegations C and D). An officer, who [redacted] could not see, allegedly kicked the left side of his face and stomped downwards in the same spot (Allegation E). An officer, who [redacted] could not see, allegedly said, "Anybody else here with you? Tell me or I'm going to kick your fucking teeth in if you don't tell me right now" (Allegation F and G). [redacted] responded, telling the officer that he was there alone and only sleeping. The same officer allegedly replied, "I don't want to hear that shit" (Allegation F continued). [redacted] was escorted out of the lot and placed into an ambulance. PO Benito Cruz of the 40th Precinct allegedly told him, "If you say anything at the hospital, I'll make sure they don't give you shit" (Allegation H). [redacted] was charged... Read report for details.


Details

Incident: June 23, 2015
Received: August 2, 2015
Closed: February 12, 2016

Reason for contact: PD suspected C/V of violation/crime - street
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Donald Abrams, Michael Cacace, Brian Destefano, Sastri Drysdale, David Fekety