Complaint #201507917,
September 14, 2015

Officer: Defreitas, Claymont
Complainant: Hispanic Male, 25
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Charges)
Officer: Defreitas, Claymont
Complainant: Hispanic Male, 25
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Defreitas, Claymont
Complainant: Hispanic Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Winberry, Patrick
Complainant: Hispanic Male, 25
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Defreitas, Claymont
Complainant: Hispanic Male, 25
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Substantiated (Charges)
Officer: Defreitas, Claymont
Complainant: Hispanic Male, 25
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Defreitas, Claymont Hispanic Male, 25 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Charges)
Defreitas, Claymont Hispanic Male, 25 Abuse of Authority: Threat of arrest Exonerated
Defreitas, Claymont Hispanic Male, 25 Force: Physical force Substantiated (Charges)
Winberry, Patrick Hispanic Male, 25 Force: Physical force Exonerated
Defreitas, Claymont Hispanic Male, 25 Force: Hit against inanimate object Substantiated (Charges)
Defreitas, Claymont Hispanic Male, 25 Abuse of Authority: Other Substantiated (Charges)

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.
'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

Defreitas, Claymont
Closed: Guilty after trial-PC Approved, July 14, 2017
APU Guilty
Forfeit vacation 15 days

Summary

On September 14, 2015, [redacted] was assaulted at a bar located at 666 Seneca Avenue in Queens. [redacted] called 911 and officers from the 104th Precinct arrived. When the officers could not find the man that assaulted [redacted] he complained and continued to tell the officers that he wanted the man arrested. PO Claymont Defreitas of the 104th Precinct told [redacted] that if he did not leave, he would be arrested (Allegation A). While PO Defreitas prepared a Complaint Report in his vehicle, [redacted] walked up to the driver's side window to speak with him. PO Defreitas opened the car door and struck [redacted] in the head with the door (Allegation B). PO Defreitas exited the vehicle and shoved [redacted] in the chest with both hands (Allegation C). [redacted] was held back by other civilians and tried to walk back towards PO Defreitas. PO Patrick Winberry of the 104th Precinct pushed [redacted] back and told him to leave the location (Allegation D). [redacted] attempted to take a picture of PO Defreitas' license plate. PO Defreitas moved the police vehicle forward towards [redacted] as if he was going to hit him with the vehicle before driving away (Allegation E). PO Defreitas moving the vehicle forward prevented [redacted] from taking a picture of the license plate (Allegation F). Read report for details.


Details

Incident: September 14, 2015
Received: September 18, 2015
Closed: February 23, 2016
Last Updated: October 2, 2025

Reason for contact: Report-dispute
Location: Public space/building
In NYPD 104th Precinct Queens
Outcome: No arrest made or summons issued

Witness Officers: Greysy Archange, Daniel Delaney, Jonathan Hili, Andre Taveras
Video evidence collected