Complaint #201509988,
November 21, 2015

Officer: Zorrilla, John
Complainant: Black Male, 36
Allegation: Offensive Language: Race
CCRB Conclusion: Unsubstantiated
Recategorized as: Offensive Language: Other
Officer: Zorrilla, John
Complainant: Black Male, 36
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Officer: Zorrilla, John
Complainant: Black Male, 36
Allegation: Force: Pepper spray
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Zorrilla, John
Complainant: Black Male, 36
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Zorrilla, John
Complainant: Black Male, 34
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Zorrilla, John
Complainant: Black Male, 34
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Zorrilla, John
Complainant: Black Male, 34
Allegation: Discourtesy: Word
CCRB Conclusion: Alleged Victim Unavailable
Officer: Benintendo, Jonathan
Complainant: Black Male, 36
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Unsubstantiated
Officer: Diaz, Ervy
Complainant: Black Male, 34
Allegation: Abuse of Authority: Refusal to process civilian complaint
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Diaz, Ervy
Complainant: Black Male, 34
Allegation: Discourtesy: Word
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Zuber, Neil
Complainant: Black Male, 36
Allegation: Abuse of Authority: Retaliatory arrest
CCRB Conclusion: Substantiated (Command Discipline A)
Officer Complainant Allegation CCRB Conclusion
Zorrilla, John Black Male, 36 Offensive Language: Race Unsubstantiated
Recategorized as Offensive Language: Other on December 9, 2024
Zorrilla, John Black Male, 36 Abuse of Authority: Retaliatory arrest Substantiated (Command Discipline B)
NYPD Disposition: Command Discipline - B
Zorrilla, John Black Male, 36 Force: Pepper spray Substantiated (Command Discipline B)
NYPD Disposition: No Disciplinary Action-DUP
Zorrilla, John Black Male, 36 Discourtesy: Word Unsubstantiated
Zorrilla, John Black Male, 34 Abuse of Authority: Refusal to provide name/shield number Alleged Victim Uncooperative
Zorrilla, John Black Male, 34 Abuse of Authority: Refusal to process civilian complaint Alleged Victim Uncooperative
Zorrilla, John Black Male, 34 Discourtesy: Word Alleged Victim Unavailable
Benintendo, Jonathan Black Male, 36 Abuse of Authority: Refusal to process civilian complaint Unsubstantiated
Diaz, Ervy Black Male, 34 Abuse of Authority: Refusal to process civilian complaint Substantiated (Command Discipline B)
Diaz, Ervy Black Male, 34 Discourtesy: Word Alleged Victim Uncooperative
Zuber, Neil Black Male, 36 Abuse of Authority: Retaliatory arrest Substantiated (Command Discipline A)

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

Zuber, Neil
No Disciplinary Action-DUP
No penalty

Diaz, Ervy
Command Discipline - A

Zorrilla, John
Command Discipline - B

Summary

On November 21, 2015, at approximately 11:42 p.m., [redacted] and his friend, [redacted] approached a black cab parked in front of 495 East 158th Street in the Bronx. [redacted] began speaking with a friend, [redacted] who was the patron inside the cab. As they were speaking, PO John Zorrilla and PO Giovanni Laguna drove past. PO Zorrilla allegedly asked [redacted] "Can you fucking move?" (Allegation A). PO Zorrilla exited the vehicle and approached [redacted] and asked, "Why didn't you fucking move?" (Allegation B). PO Zorrilla also asked [redacted] "Didn't I tell you to get the fuck off the street?" (subsumed within Allegation A). [redacted] explained to PO Zorrilla that he should tell the driver to the move and in response, PO Zorrilla allegedly told [redacted] "Oh, you must be the fucking smart one, you fucking African" (Allegation C). [redacted] told PO Zorrilla not to speak in such a way. PO Zorrilla subsequently deployed his pepper spray at [redacted] (Allegation D).
On November 22, 2015, at approximately 12:00 a.m., [redacted] and [redacted] went to the 42nd Precinct stationhouse to file a complaint. Sgt. Benintendo allegedly told [redacted] that it was not within the jurisdiction of his precinct and that they had to go to the 40th Precinct stationhouse (Allegation E).
On November 22, 2015, at approximately 11:30 p.m., [redacted] and [redacted] entered the PSA7 stationhouse. [redacted] allegedly told PO Zorrilla that they wanted to file a complaint and requested for his shield number (Allegations F and G). Sgt. Diaz was subsequently informed that [redacted] wanted to file a complaint (Allegation H). However, neither of the officers assisted [redacted] with processing his complaint. On November 23, 2015, at approximately 12:55 a.m., PO Zorrilla arrested [redacted] at the stationhouse and Lt. Neil Zuber was indicated as the supervising officer on the arrest report (Allegations I and J). At the stationhouse, Sgt. Diaz allegedly told [redacted] "You could get the fuck out the precinct" (Allegation K).... Read report for details.


Details

Incident: November 21, 2015
Received: November 23, 2015
Closed: January 18, 2017
Last Updated: December 11, 2024

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Elvis Duran, Miguel Frias, Pawel Lachowski, Giovanni Laguna, Manolin Molina, Sincerae Tinsley, Jason Zupka
Video evidence collected