Complaint #201601869,
March 7, 2016

Officer: Lai, Herman
Complainant: Black Female, 17
Allegation: Force: Pepper spray
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Gonzalez, Augustine
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Lai, Herman
Complainant: Black Male, 14
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Lai, Herman
Complainant: Black Female, 53
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Lai, Herman
Complainant: Black Female, 53
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Gonzalez, Augustine
Complainant: Black Female, 17
Allegation: Abuse of Authority: Other
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Lai, Herman
Complainant: Black Female, 17
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Gonzalez, Augustine
Complainant: Black Female, 17
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Lai, Herman
Complainant: Black Female, 53
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Lai, Herman Black Female, 17 Force: Pepper spray Substantiated (Formalized Training)
Gonzalez, Augustine Abuse of Authority: Premises entered and/or searched Substantiated (Formalized Training)
Lai, Herman Black Male, 14 Abuse of Authority: Premises entered and/or searched Substantiated (Formalized Training)
Lai, Herman Black Female, 53 Discourtesy: Word Substantiated (Formalized Training)
Lai, Herman Black Female, 53 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Formalized Training)
Gonzalez, Augustine Black Female, 17 Abuse of Authority: Other Substantiated (Formalized Training)
Lai, Herman Black Female, 17 Force: Physical force Substantiated (Formalized Training)
Gonzalez, Augustine Black Female, 17 Force: Physical force Substantiated (Formalized Training)
Lai, Herman Black Female, 53 Discourtesy: Word Unfounded

Conclusion Meanings:

'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Penalties

Lai, Herman
Formalized Training

Gonzalez, Augustine
Formalized Training

Summary

On March 7, 2016, at approximately 7:00 p.m., [redacted] was involved in a dispute with [redacted] inside [redacted] apartment at [redacted] in Manhattan. [redacted] called 911 to request police assistance, and PO Augustine Gonzalez and PO Herman Lai of PSA 4 responded. PO Gonzalez entered [redacted] (Allegation A). PO Lai decided to arrest [redacted] for [redacted], and both officers grabbed and pulled [redacted] arms while she stood inside the apartment (Allegation B, Allegation C, and Allegation D). PO Lai discharged pepper spray against [redacted] inside of the apartment (Allegation E). PO Lai threatened to use pepper spray against [redacted] when she attempted to prevent the officers from moving farther into the apartment (Allegation F), and PO Lai also said, "Let us the fuck in" to [redacted] at that time (Allegation G). PO Gonzalez video recorded the civilians on his personal cell phone while inside of the apartment (Allegation H). PO Gonzalez and PO Lai arrested [redacted] for [redacted] and they escorted her out of the apartment and into the elevator. [redacted] blocked the elevator doors from closing at which point the officers placed him under arrest for [redacted]. The officers re-entered the elevator with [redacted] in custody, and [redacted] entered the elevator behind them. PO Lai allegedly said, "Get the fuck out. Get the fuck out," to [redacted] as she entered the elevator (Allegation I). PO Lai issued [redacted] five criminal court summonses for multiple counts of [redacted]. Read report for details.


Details

Incident: March 7, 2016
Received: March 8, 2016
Closed: June 1, 2016

Reason for contact: Report-domestic dispute
Location: NYCHA
In NYPD 5th Precinct Manhattan
Outcome: Arrest - resisting arrest

Video evidence collected