| Officer: | Newman, Jacob |
|---|---|
| Complainant: | Hispanic Male, 32 |
| Allegation: | Force: Nightstick as club (incl asp & baton) |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer: | Unknown Officer |
| Complainant: | Hispanic Female, 25-29 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Exonerated |
| Officer: | Unknown Officer |
| Complainant: | Male |
| Allegation: | Force: Pepper spray |
| CCRB Conclusion: | Victim Unidentified |
| Officer: | Unknown Officer |
| Complainant: | Hispanic Male, 30-34 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Officer(s) Unidentified |
| Officer: | Floresfernandez, Jose |
| Complainant: | Hispanic Male, 32 |
| Allegation: | Abuse of Authority: Refusal to obtain medical treatment |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Newman, Jacob |
| Complainant: | Hispanic Male, 32 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Exonerated |
| Officer | Complainant | Allegation | CCRB Conclusion |
|---|---|---|---|
| Newman, Jacob | Hispanic Male, 32 | Force: Nightstick as club (incl asp & baton) | Substantiated (Charges) |
| Unknown Officer | Hispanic Female, 25-29 | Force: Physical force | Exonerated |
| Unknown Officer | Male | Force: Pepper spray | Victim Unidentified |
| Unknown Officer | Hispanic Male, 30-34 | Force: Physical force | Officer(s) Unidentified |
| Floresfernandez, Jose | Hispanic Male, 32 | Abuse of Authority: Refusal to obtain medical treatment | Unsubstantiated |
| Newman, Jacob | Hispanic Male, 32 | Force: Physical force | Exonerated |
Further details on conclusions.
On September 1, 2014, at approximately 5:26 a.m., officers from the 46th Precinct arrived at El Divo Lounge, located at 217 East Tremont Avenue in the Bronx, and ordered everyone to leave. When [redacted] and his wife, [redacted] exited the lounge, [redacted] observed an unidentified individual lying face down on the ground in handcuffs. [redacted] believed the individual had been pepper sprayed because something in the air bothered his eyes (Allegation A). A crowd had formed in front of El Divo Lounge, and some people were recording the incident on their cell phones. [redacted] took out his cell phone and began recording.
Officers instructed the crowd of approximately six or seven individuals to back up. PO Newman approached [redacted] placed one hand on [redacted]'s chest, and forcefully pushed him (Allegation B). At the same time, PO Newman struck [redacted] with his baton on [redacted]'s left knee (Allegation C). PO Newman continued to push [redacted] who was still recording on his cell phone, and to strike [redacted] with the baton approximately four or five more times all over his body, including his knees, back, upper arms, torso, and head (within Allegation C).
Additional unidentified officers arrived and grabbed [redacted] by his left arm and legs. PO Newman continued to strike him with the baton (within Allegation C). [redacted] attempted to intervene by placing herself between [redacted] and PO Newman, and an unidentified officer pushed [redacted] back (Allegation D). Unidentified officers then threw [redacted] to the ground (Allegation E). [redacted] was arrested for resisting arrest and obstructing governmental administration (Board Review 01). [redacted] was not arrested or summonsed.
[redacted] was transported to the 46th Precinct stationhouse by PO Ruben Cuesta and PO Jose Florez-Fernandez from that command. There, [redacted] informed PO Florez-Fernandez that he wanted to go to the hospital. PO Florez-Fernandez placed [redacted] inside a holding cell, and allegedly ignored [redacted]'s request...
Read report for details.