Complaint #201600025,
January 2, 2016

Officer: Fathi, Kasra
Complainant: Black Male, 28
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Fathi, Kasra
Complainant: Black Male, 28
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Fathi, Kasra
Complainant: Black Male, 28
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Suero, Hector
Complainant: Black Male, 28
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Suero, Hector
Complainant: Black Male, 28
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Sawicki, Michael
Complainant: Black Male, 28
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Exonerated
Officer: Fathi, Kasra
Complainant: Black Male, 28
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Rodriguez, Cynthia
Complainant: Black Male, 28
Allegation: Discourtesy: Demeanor/tone
CCRB Conclusion: Unsubstantiated
Officer: Fathi, Kasra
Complainant: Black Male, 28
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer: Suero, Hector
Complainant: Black Male, 28
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Substantiated (Formalized Training)
Officer Complainant Allegation CCRB Conclusion
Fathi, Kasra Black Male, 28 Abuse of Authority: Vehicle stop Exonerated
Fathi, Kasra Black Male, 28 Abuse of Authority: Vehicle search Exonerated
Fathi, Kasra Black Male, 28 Force: Physical force Unsubstantiated
Suero, Hector Black Male, 28 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Suero, Hector Black Male, 28 Discourtesy: Word Unsubstantiated
Sawicki, Michael Black Male, 28 Abuse of Authority: Vehicle stop Exonerated
Fathi, Kasra Black Male, 28 Discourtesy: Word Unsubstantiated
Rodriguez, Cynthia Black Male, 28 Discourtesy: Demeanor/tone Unsubstantiated
Fathi, Kasra Black Male, 28 Force: Other Unsubstantiated
Suero, Hector Black Male, 28 Abuse of Authority: Refusal to obtain medical treatment Substantiated (Formalized Training)

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.
'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.


Penalty

Suero, Hector
Command Discipline - A

Summary

On January 2, 2016, at approximately 10:11 a.m., [redacted] was driving with his friends, [redacted] and [redacted] PO Kasra Fathi and PO Michael Sawicki of the 114th Precinct stopped [redacted]s vehicle in front of [redacted] in Queens (Allegations A and B). PO Fathi searched [redacted]s vehicle (Allegation C). PO Fathi placed [redacted] under arrest for an open warrant (Board Review 22). [redacted] was taken to the 114th Precinct stationhouse. At the front desk, [redacted] allegedly stated that he wanted to file a complaint, and Sgt. Cynthia Rodriguez allegedly said, "You're a criminal. What do you want to complain about?" (Allegation D). While PO Fathi was searching him near the desk, [redacted] moved his body away from PO Fathi, and PO Fathi allegedly punched [redacted] in the chest (Allegation E). PO Fathi then held his fist against [redacted]s chest, and [redacted] could not breathe (Allegation F). [redacted] screamed that he wanted to go to the hospital, and Sgt. Hector Suero allegedly delayed taking him to the hospital. Sgt. Suero allegedly said, "You're not foaming at the mouth or turning blue, so I have one-to-two hours to take you" (Allegations G and H). Sgt. Suero allegedly told [redacted] to "shut the fuck up," and that he "fucking talked too much" (subsumed in Allegation H). [redacted] yelled, "Don't I have any rights?" PO Fathi allegedly replied, "No. You're a dog. You're acting like a dog; we're going to treat you like a dog" (Allegation I). Sgt. Suero told [redacted] "I wish I could see you outside, and it'd be different," (Allegation J). Sgt. Suero allegedly called [redacted] a punk (subsumed in Allegation H). EMS arrived at the 114th stationhouse and took [redacted] to [redacted]. There, [redacted] complained of chest pain. He was diagnosed with a minor contusion and released with ibuprofen (Privileged Documents). Read report for details.


Details

Incident: January 2, 2016
Received: January 4, 2016
Closed: April 22, 2016

Reason for contact: Moving violation
Location: Street/highway
In NYPD 114th Precinct Queens
Outcome: Other VTL violation summons issued