Complaint #201506842,
June 30, 2015

Officer: Reynoso, Victor
Complainant: Asian Male, 47
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Reynoso, Victor
Complainant: Asian Male, 47
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unfounded
Officer: Batista, Julio
Complainant: Asian Male, 47
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unfounded
Officer: Batista, Julio
Complainant: Asian Male, 47
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Batista, Julio
Complainant: Asian Male, 47
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Asian Male, 45-49
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Asian Male, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Reynoso, Victor Asian Male, 47 Force: Physical force Exonerated
Reynoso, Victor Asian Male, 47 Abuse of Authority: Refusal to obtain medical treatment Unfounded
Batista, Julio Asian Male, 47 Abuse of Authority: Refusal to obtain medical treatment Unfounded
Batista, Julio Asian Male, 47 Force: Physical force Exonerated
Batista, Julio Asian Male, 47 Discourtesy: Word Unsubstantiated
Unknown Officer Asian Male, 45-49 Abuse of Authority: Threat of force (verbal or physical) Officer(s) Unidentified
Unknown Officer Asian Male, 45-49 Discourtesy: Word Officer(s) Unidentified

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
'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 September 17th, 2015, [redacted] provided an in-person statement to the CCRB in which he alleged the following (Board Review 02):
On June 30, 2015, around 4:00PM, [redacted] had a dispute with his adoptive father, [redacted] at their home at [redacted] in Queens. [redacted] had filed an Order of Protection against [redacted]s coming onto the premises. [redacted] called 911 to report that [redacted] was violating the Order of Protection, but [redacted] left the house before the police came. Around 8:00PM, [redacted] returned to the house retrieve some belongings. He got into another dispute with his father, and the [redacted] called 911 again.
PO Julio Batista and PO Victor Reynoso of the 107th Precinct responded to the scene. When they learned that [redacted] was complaining about [redacted] being at the house again, one of the officers (he did not know which) asked [redacted] "You're a grown-ass man; why are you still living with your parents?" (Allegation A).
PO Reynoso then told [redacted] that he was in violation of an Order of Protection and asked [redacted] to turn around. [redacted] did so and was handcuffed. However, when he complained that his handcuffs were too tight, PO Batista allegedly told him to "Shut the fuck up" (Allegation B). He also asked [redacted] "Are you threatening us?" and tripped [redacted] who fell to the ground (Allegation C).
As [redacted] laid face-down on the ground, PO Batista kicked him multiple times in his ribs, while PO Reynoso kicked him multiple times in the back (subsumed within Allegation C, Allegation D). As the officers kicked him, [redacted] could hear one of them say, "Release the handcuffs so if he runs, we can shoot him" (Allegation E). The officers then brought [redacted] up, whereupon they both punched him multiple times in the face (subsumed within Allegations C and D).
After the officers finished assaulting [redacted] they escorted him to their vehicle and transported him to the 107th Precinct stationhouse. While there, [redacted] asked to go to a... Read report for details.


Details

Incident: June 30, 2015
Received: August 17, 2015
Closed: December 14, 2015

Reason for contact: Report-dispute
Location: Apartment/house
In NYPD 107th Precinct Queens
Outcome: Arrest - other violation/crime