Complaint #201509067,
October 16, 2015

Officer: Rodriguez, Fernando
Complainant: Hispanic Male, 40
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Rodriguez, Fernando
Complainant: Hispanic Male, 40
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Rodriguez, Fernando
Complainant: Hispanic Male, 40
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer: Negron, Margarita
Complainant: Hispanic Female, 36
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer: Rodriguez, Fernando
Complainant: Hispanic Male, 40
Allegation: Force: Handcuffs too tight
CCRB Conclusion: Unfounded
Officer: Nesto, Michael
Complainant: Hispanic Female, 36
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Nesto, Michael
Complainant: Hispanic Female, 36
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Hispanic Female, 35-39
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Hispanic Female, 35-39
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Hispanic Female, 35-39
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Rodriguez, Fernando Hispanic Male, 40 Force: Physical force Unsubstantiated
Rodriguez, Fernando Hispanic Male, 40 Force: Chokehold Unsubstantiated
Rodriguez, Fernando Hispanic Male, 40 Force: Other Unsubstantiated
Negron, Margarita Hispanic Female, 36 Abuse of Authority: Strip-searched Unsubstantiated
Rodriguez, Fernando Hispanic Male, 40 Force: Handcuffs too tight Unfounded
Nesto, Michael Hispanic Female, 36 Discourtesy: Word Unsubstantiated
Nesto, Michael Hispanic Female, 36 Abuse of Authority: Refusal to obtain medical treatment Unfounded
Unknown Officer Hispanic Female, 35-39 Force: Physical force Unfounded
Unknown Officer Hispanic Female, 35-39 Abuse of Authority: Refusal to obtain medical treatment Unfounded
Unknown Officer Hispanic Female, 35-39 Abuse of Authority: Strip-searched Officer(s) Unidentified

Conclusion Meanings:

'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

At approximately 7:51 p.m. on October 16, 2015, officers identified through investigation as PO Fernando Rodriguez, PO Rafael Perez, Sgt. Willie Briggs, PO Robert McIver, PO Michael Nesto, PO Michael Jordan, and PO Fernando Nunez, all of the 40th Precinct, responded to [redacted] in the Bronx. Earlier that day, [redacted] Ortiz had contacted the police to report threats made to her by a couple, [redacted] who lived in [redacted] of the above location. Leading the investigation, PO Rodriguez arrested both [redacted] inside the building. As he applied the handcuffs on them so tightly that they caused [redacted] and he allegedly closed wrists to bleed scar (Allegation A).
Although both civilians verbally disputed the arrests, they were handcuffed without resisting and transported to the 40th Precinct stationhouse in two separate vehicles. PO Nesto and PO McIver drove [redacted] who loudly complained about the arrest the entire trip. At one point, PO Nesto allegedly told her to "Shut the fuck up" (Allegation B), prompting [redacted] to repeat the same back to him. As she did so, an unidentified officer sitting next to her in the back of the car allegedly elbowed her in the face, chipping her top right front tooth and causing a cut on her inner lip (Allegation C). [redacted] allegedly then stated that she was going to the hospital, at which point PO Nesto stated, "I don't give a fuck. I'm not your arresting officer" (Allegation D).
[redacted] After arriving at the stationhouse, [redacted] allegedly saw s mouth injuries and demanded medical assistance from an unidentified female officer. That officer allegedly refused to even look at the injuries or provide her with any assistance (Allegation E). After being logged in at the front desk, [redacted] was escorted into the bathroom by PO Margarita Negron of the 40th Precinct and another unidentified female officer. In addition to the standard procedure of removing a prisoner's belt and shoelaces, PO Negron and the unidentified officer allegedly had remove her bra and... Read report for details.


Details

Incident: October 16, 2015
Received: October 23, 2015
Closed: January 19, 2016

Reason for contact: Report-dispute
Location: Police building
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Willie Briggs, Michael Jordan, Rossi Mata, Robert Mciver, Rafael Perez, Alfonso Villacres