Complaint #201602484,
March 24, 2016

Officer: Lopez, Lina
Allegation: Abuse of Authority: Threat to notify ACS
CCRB Conclusion: Unsubstantiated
Officer: Lopez, Lina
Complainant: Black Female, 35
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Nyhus, Brian
Complainant: Black Female, 35
Allegation: Abuse of Authority: Refusal to show search warrant
CCRB Conclusion: Unsubstantiated
Officer: Nyhus, Brian
Complainant: Black Female, 35
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Nyhus, Brian
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Votino, Anthony
Complainant: Black Male, 14
Allegation: Force: Police shield
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Female, 35-39
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Votino, Anthony
Complainant: Black Male, 14
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 10-14
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Lopez, Lina Abuse of Authority: Threat to notify ACS Unsubstantiated
Lopez, Lina Black Female, 35 Abuse of Authority: Threat of arrest Unsubstantiated
Nyhus, Brian Black Female, 35 Abuse of Authority: Refusal to show search warrant Unsubstantiated
Nyhus, Brian Black Female, 35 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Nyhus, Brian Abuse of Authority: Premises entered and/or searched Exonerated
Votino, Anthony Black Male, 14 Force: Police shield Unsubstantiated
Unknown Officer Black Female, 35-39 Discourtesy: Word Officer(s) Unidentified
Votino, Anthony Black Male, 14 Force: Gun Pointed Exonerated
Unknown Officer Black Male, 10-14 Force: Gun Pointed Exonerated

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
'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.


Summary

On March 24, 2016, at approximately 6:00 a.m., Narcotics Borough Queens North officers arrived at [redacted]'s apartment at [redacted] in Queens pursuant to a valid search warrant. Present in the apartment at the time were [redacted], her boyfriend [redacted], and her children [redacted], [redacted] and [redacted]. The officers forced open [redacted]'s door and an unidentified male officer allegedly ordered the occupants to "get on the fucking ground" and "get the fuck down" (Allegations A and B). Det. Anthony Votino entered [redacted]'s room and he and another officer pointed their guns towards [redacted]'s face (Allegations C and D). Det. Votino allegedly struck [redacted] in the head with a ballistics shield (Allegation E). [redacted] and [redacted] were brought to a couch in the living room. Captain Brian Nyhus allegedly told [redacted], "Sit down before I will sit you down," (Allegation F). Lt. Lina Ruiz allegedly told [redacted] to tell her where the guns and drugs were or she would be arrested, and her children would be taken from her (Allegations G and H). [redacted] was escorted out of the apartment and [redacted]'s children were retrieved from the apartment by their babysitter. [redacted] was escorted to a prisoner van, where she was held for approximately 30 minutes before being released. During these 30 minutes, the officers searched through [redacted]'s apartment and recovered marijuana, ecstasy, and drug paraphernalia. [redacted] was arrested and charged with possession of narcotics with intent to sell. [redacted] alleged that she was never shown a search warrant (Allegation I). Read report for details.


Details

Incident: March 24, 2016
Closed: July 26, 2016

Reason for contact: Execution of search warrant
Location: Apartment/house
In NYPD 114th Precinct Queens
Outcome: Arrest - other violation/crime

Witness Officers: Jhonnatan Sanchezpena, Curt Thomas
Video evidence collected