Complaint #201509406,
August 26, 2015

Officer: Aguilar, Danny
Complainant: Black Female, 25
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Female, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Female, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Hernandez, Augusto
Complainant: Black Female, 25
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Aguilar, Danny Black Female, 25 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Unknown Officer Black Female, 25-29 Force: Physical force Exonerated
Unknown Officer Black Female, 25-29 Force: Physical force Exonerated
Hernandez, Augusto Black Female, 25 Abuse of Authority: Threat of force (verbal or physical) 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.

Further details on conclusions.


Summary

At approximately 11:45 a.m. on August 26, 2015, after arguing with each other near May African Hair Braiding Salon, located at 923 East 169th Street in the Bronx, [redacted]'s son's father, called 911 and provided her whereabouts. At the time, [redacted] had an active must appear family court warrant. PO Annais Miranda-Ortiz and PO Augusto Hernandez, both from the 42nd Precinct, arrived first and were soon followed by Sgt. Aguilar and PO Elvis Rodriguez, both from the 42nd Precinct, and two unidentified officers.
The two unidentified officers handcuffed [redacted]'s left wrist while Sgt. Aguilar and PO Rodriguez twisted her right wrist behind her back (Allegation A). [redacted] pulled her left arm free and held her open palm near the right side of her torso while telling Sgt. Aguilar and PO Rodriguez that they were hurting her. PO Miranda-Ortiz and PO Hernandez each grabbed one of [redacted]'s legs and pulled them in front of her (within Allegation A). [redacted] pulled one leg back and planted it on the floor to stay upright.
From their utility belts, PO Hernandez allegedly removed pepper spray (Allegation B) and Sgt. Aguilar removed his Taser and threatened to use it against [redacted] (Allegation C). [redacted] grabbed Sgt. Aguilar's hand and said she was pregnant (about two months at the time). PO Hernandez allegedly said he would pepper spray [redacted] if she kept moving (within Allegation B). [redacted] said he could do whatever he wanted to do, but said not to use the Taser because it could kill her fetus. Sgt. Aguilar allegedly grabbed [redacted]'s right arm, twisted it behind her back, pushed up so hard that [redacted] heard a "crack," and immediately pushed [redacted] in her back onto the floor (Allegation D). [redacted] landed lying on her stomach and could not move her right arm. An ambulance was called and she was transported to [redacted] where she was diagnosed with a humerus bone fracture. [redacted] was charged with [redacted]. Read report for details.


Details

Incident: August 26, 2015
Received: November 3, 2015
Closed: March 11, 2016

Reason for contact: Report-domestic dispute
Location: Street/highway
In NYPD 42nd Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Annais Mirandaortiz, Elvis Rodriguez