Complaint #201507102,
August 23, 2015

Officer: Unknown Officer
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Aybar, Chris
Complainant: Hispanic Male, 21
Allegation: Abuse of Authority: Retaliatory summons
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Unknown Officer
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Complainant Uncooperative
Officer: Unknown Officer
Allegation: Force: Pepper spray
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Abuse of Authority: Premises entered and/or searched Officer(s) Unidentified
Unknown Officer Hispanic Male, 25-29 Force: Physical force Officer(s) Unidentified
Unknown Officer Hispanic Male, 25-29 Abuse of Authority: Refusal to provide name/shield number Officer(s) Unidentified
Unknown Officer Hispanic Male, 25-29 Discourtesy: Word Officer(s) Unidentified
Aybar, Chris Hispanic Male, 21 Abuse of Authority: Retaliatory summons Substantiated (Command Discipline A)
Unknown Officer Abuse of Authority: Premises entered and/or searched Complainant Uncooperative
Unknown Officer Force: Pepper spray Officer(s) Unidentified
Unknown Officer Hispanic Male, 21-24 Abuse of Authority: Threat of force (verbal or physical) Officer(s) Unidentified

Conclusion Meanings:

'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.

Further details on conclusions.


Penalty

Aybar, Chris
Formalized Training

Summary

After a summer block party had concluded in a park in the Bronx, the crowd spilled into a nearby residential street. Officers arrived with instructions to clear the area. As the officers did so, one officer was allegedly assaulted by a civilian, who then entered a residential building. The officers put out a 10-85 (call for assistance) and a large number of officers arrived. A group of these officers, including PO Chris Aybar, entered the building after the civilian. When the officers reached the upper hallway where the person had gone, they opened the door, and according to three civilian witnesses, pulled the person they believed had assaulted an officer out of the doorway by the hair and then tackled the person. These officers were never identified.
PO Aybar had entered the building but had not gone upstairs, and eventually issued two summonses. PO Aybar's testimony regarding the incident was dramatically inconsistent. At one point, she stated that both of the people she issued summonses to were blocking a door and failed to move, then later said that neither had been blocking a door. She stated that she spent the whole time with her partner, then stated they had been separated early in the encounter. While she transported a number of people to the precinct, she stated that none had been injured and none had complained, but video showed that at least one person had been noticeably bleeding before being arrested. She issued two summonses during the incident but failed to articulate a reason for giving them that was not contradicted elsewhere.
The CCRB substantiated an allegation that PO Aybar had issued a retaliator summons, and found that she had made false statements in her CCRB interview.
The NYPD disciplined PO Aybar by giving her a Command Discipline A. She still works in the 42nd Precinct. Read report for details.


Details

Incident: August 23, 2015
Received: August 24, 2015
Closed: March 11, 2016

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Apartment/house
In NYPD 42nd Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Jonathan Benintendo, Michael Breeding, Andre Brown, Alberto Delrosario, Scarlet Delvecchio, Merita Hoxha, Toya Jones, Rubenson Marcellus, Yadarquiris Martinez, Luis Ortiz, Marco Padilla, Paul Polintan, Ricardo Wyman
Video evidence collected