Complaint #201506894,
August 7, 2015

Officer: Unknown Officer
Complainant: Hispanic Male, 60-64
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Officer(s) Unidentified
Officer: Nin, Nelson
Complainant: Hispanic Male, 60
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Unknown Officer
Complainant: Female, 50-54
Allegation: Discourtesy: Word
CCRB Conclusion: Complainant Uncooperative
Officer: Unknown Officer
Complainant: Hispanic Male, 60-64
Allegation: Offensive Language: Race
CCRB Conclusion: Officer(s) Unidentified
Recategorized as: Offensive Language: Other
Officer: Avent, Terry
Complainant: Hispanic Male, 60
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Ramirez, Brian
Complainant: Hispanic Male, 60
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Unknown Officer
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Hispanic Male, 60-64 Abuse of Authority: Threat of force (verbal or physical) Officer(s) Unidentified
Nin, Nelson Hispanic Male, 60 Abuse of Authority: Refusal to obtain medical treatment Substantiated (Command Discipline A)
Unknown Officer Female, 50-54 Discourtesy: Word Complainant Uncooperative
Unknown Officer Hispanic Male, 60-64 Offensive Language: Race Officer(s) Unidentified
Recategorized as Offensive Language: Other on December 9, 2024
Avent, Terry Hispanic Male, 60 Force: Physical force Unsubstantiated
Ramirez, Brian Hispanic Male, 60 Abuse of Authority: Refusal to obtain medical treatment Substantiated (Command Discipline A)
Unknown Officer Abuse of Authority: Premises entered and/or searched 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
'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.


Summary

On August 7, 2015, at approximately 5:30 a.m., officers entered and searched [redacted] in the Bronx (Allegation A). ESU and 40th Precinct SNEU Team officers were present during entry. [redacted] and [redacted] were all present during the incident. Upon walking into the apartment, the officers had their guns drawn and [redacted] heard the officers say, "Get the fuck down" (Allegation B). Det. Terry Avent subsequently dragged [redacted] off a couch and punched and kicked him numerous times before placing him in handcuffs (Allegation C). [redacted] repeatedly requested for medical attention and neither PO Nelson Nin nor Sgt. Brian Ramirez obtained medical attention upon his requests (Allegation D and E). [redacted] was then escorted out of his residence. Once outside, an officer told [redacted] "See what Dominicans do when they come to the country" (Allegation F). [redacted] continued to request medical attention and an officer responded, "Shut up before I smack you" (Allegation G). [redacted] and the other four individuals were all transported to the 40th Precinct stationhouse. At the 40th Precinct stationhouse, [redacted] continued to request for medical attention, but he was never provided with any (subsumed within Allegation D and E). [redacted] and [redacted]s arrests were voided and they were subsequently released. [redacted] and [redacted] arrests were processed and they were sent to Bronx Central Booking. [redacted]
After [redacted] was released, he sought medical attention at [redacted] and was later admitted at [redacted] (Board Review 43 and see Privileged Documents). He was diagnosed with pain to his shoulder joints.
This case exceeded 90 days because the undersigned investigator had to complete contact attempts to witnesses, waited for the receipt of necessary NYPD documents before interviewing various officers involved in this incident. The investigation obtained contact information for seven potential witnesses, some of which were obtained later through police documents. Contact attempts to these... Read report for details.


Details

Incident: August 7, 2015
Received: August 17, 2015
Closed: March 31, 2016
Last Updated: December 11, 2024

Reason for contact: Execution of search warrant
Location: Apartment/house
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Kristen Collins, Michael Cook, Michael Gargan, Anaritza Gonzalez, Jose Gordian, Joaquin Morales, John Rodriguez, Albert Romano, Dale Schultz