Complaint #201601395,
February 20, 2016

Officer: Cadavid, Laura
Complainant: Hispanic Male, 27
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Cadavid, Laura
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Mcivor, Brian
Complainant: Hispanic Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Mcivor, Brian
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Mcivor, Brian
Complainant: Hispanic Male, 27
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Cadavid, Laura
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Palacios, Dunia
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Espenberg, Michael
Complainant: Hispanic Male, 27
Allegation: Abuse of Authority: Other
CCRB Conclusion: Unsubstantiated
Officer: Espenberg, Michael
Complainant: Hispanic Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Cadavid, Laura Hispanic Male, 27 Discourtesy: Word Unsubstantiated
Cadavid, Laura Hispanic Male, 27 Abuse of Authority: Threat of arrest Exonerated
Mcivor, Brian Hispanic Male, 27 Force: Physical force Substantiated (Formalized Training)
Mcivor, Brian Hispanic Male, 27 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Formalized Training)
Mcivor, Brian Hispanic Male, 27 Discourtesy: Word Substantiated (Formalized Training)
Cadavid, Laura Hispanic Male, 27 Abuse of Authority: Search (of person) Unsubstantiated
Palacios, Dunia Hispanic Male, 27 Abuse of Authority: Threat of arrest Exonerated
Espenberg, Michael Hispanic Male, 27 Abuse of Authority: Other Unsubstantiated
Espenberg, Michael Hispanic Male, 27 Force: Physical force Unsubstantiated
Unknown Officer Hispanic Male, 25-29 Discourtesy: Word Officer(s) Unidentified

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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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

Mcivor, Brian
Formalized Training

Summary

On February 20, 2016, at 3:40 a.m., [redacted] was at the bar of the Budda Lounge and Restaurant at 1353 Edward L. Grant Highway in the Bronx when he was approached by a bouncer, [redacted] who ordered him out of the restaurant for an unpaid bar bill. [redacted] objected to the amount of the bill and was forcibly removed by [redacted] Once outside, [redacted] flagged down Police Officer Laura Cadavid and Police Officer Michael Espenberg of the 44th Precinct. Police Officer Cadavid informed [redacted] that he would go to jail if he did not pay his bar tab (Allegation A). Police Officer Cadavid then allegedly reached into [redacted] s pocket and removed a wad of cash totaling $550 (Allegation B). Police Officer Cadavid allegedly removed $150 and handed it to [redacted] The remaining money was not returned to [redacted] turned towards Police Officer Cadavid to inquire about his money and Police Officer Espenberg allegedly punched him with a closed fist on the right side of his face (Allegation C). [redacted] removed his mobile phone and began recording Police Officer Espenberg who allegedly slapped the phone out of his hand and onto the ground (within Allegation C). Police Officer Espenberg picked up the phone and allegedly deleted the video before returning the phone to [redacted] (Allegation D). Police Officer Cadavid allegedly pushed [redacted] up against the adjacent wall and said, "You're fucking going to jail," (Allegation E). [redacted] was taken to the 44th Precinct stationhouse where he was held for one hour before being released with a disorderly conduct summons. [redacted] was inquiring about his money as he left the stationhouse and an unidentified officer allegedly said, "Shut the fuck up, you baldie," (Allegation F).
As [redacted] was leaving the stationhouse, he argued with Sgt. Dunia Palacios of the 44th Precinct regarding the money that had been taken from him and he was told to leave the stationhouse. Sgt. Palacios informed [redacted] that he could be arrested for trespassing if he did not leave... Read report for details.


Details

Incident: February 20, 2016
Received: February 22, 2016
Closed: June 21, 2016

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Street/highway
In NYPD 44th Precinct Bronx
Outcome: Summons - disorderly conduct

Witness Officers: Thomas Ohare
Video evidence collected