Complaint #201509514,
November 1, 2015

Officer: Salazar, Christian
Complainant: Hispanic Male, 59
Allegation: Abuse of Authority: Stop
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Salazar, Christian
Complainant: Hispanic Male, 59
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Officer: Alban, Melchor
Complainant: Hispanic Male, 59
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Alban, Melchor
Complainant: Hispanic Male, 59
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Alban, Melchor
Complainant: Hispanic Male, 59
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer: Alban, Melchor
Complainant: Hispanic Male, 59
Allegation: Abuse of Authority: Stop
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Board Conclusion
Salazar, Christian Hispanic Male, 59 Abuse of Authority: Stop Substantiated (Command Discipline B)
CCRB Investigator Recommendation: Unsubstantiated
NYPD Disposition: No Disciplinary Action-DUP
Salazar, Christian Hispanic Male, 59 Force: Physical force Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Alban, Melchor Hispanic Male, 59 Force: Nightstick as club (incl asp & baton) Substantiated (Command Discipline B)
Alban, Melchor Hispanic Male, 59 Force: Chokehold Unsubstantiated
Alban, Melchor Hispanic Male, 59 Force: Other Unsubstantiated
Alban, Melchor Hispanic Male, 59 Abuse of Authority: Stop Substantiated (Command Discipline B)
CCRB Investigator Recommendation: Unsubstantiated

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalties

Alban, Melchor
No Disciplinary Action-DUP
No penalty

Salazar, Christian
Command Discipline - B

Summary

On November 1, 2015, at approximately 1:04 a.m., at Grant Avenue and Fulton Street in Brooklyn, [redacted] was stopped by PO Christian Salazar and PO Melchor Alban of the 75th Precinct (Allegations A and B). PO Salazar issued [redacted] a summons for urinating in public. [redacted] threw the summons onto the sidewalk and turned to walk away from the officers. PO Alban allegedly placed his arm around the front of [redacted]s neck and pulled him to the ground, allegedly causing his breathing to be restricted (Allegations C and D). PO Alban allegedly hit [redacted] on the forehead with his asp (Allegation E). PO Salazar allegedly kicked [redacted] on the left side of his ribs approximately ten times (Allegation F). PO Alban hit [redacted] on the hand with his asp (subsumed in Allegation E). Read report for details.


Details

Incident: November 1, 2015
Received: November 9, 2015
Closed: July 26, 2016

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 75th Precinct Brooklyn
Outcome: Arrest - resisting arrest

Witness Officers: Henry Daverin, Richard Elliott
Video evidence collected