Complaint #201602528,
March 11, 2016

Summary

On March 11, 2016, at approximately 12:10 a.m., [redacted] was standing in front of 1150 Union Avenue in the Bronx with his girlfriend, [redacted] was approached by [redacted] and got into a physical fight during which [redacted] brandished a black BB gun. During this altercation, [redacted] pepper sprayed [redacted] PO Giovanni Laguna and PO Nicholas Rios, of the PSA 7 Anti-Crime unit, observed this fight during their patrol of the area. PO Laguna and PO Rios exited their unmarked RMP and approached [redacted] and [redacted] with their guns pointed (Allegations A and B). PO Laguna immediately started yelling commands to [redacted] along the lines of, "Get the fuck on the floor" and, "Put your fucking hands up" (Allegations C). PO Rios then handcuffed [redacted] while at the same time PO Laguna approached [redacted] and continued to tell him to get onto the floor, but [redacted] refused to comply. At that point, PO Laguna grabbed [redacted] and attempted to pull [redacted]'s arms behind his back (Allegation D). After PO Rios finished handcuffing [redacted] he moved toward [redacted] and allegedly punched him multiple times in his ribs (Allegation E). Both PO Laguna and PO Rios allegedly continued to tell [redacted] "Get on the fucking floor!" (also Allegation C and Allegation F). At this point, Sgt. Miguel Frias, PO Elvis Duran, and PO Felix Baez, also of the PSA7 Anti-Crime unit, arrived on the scene with PO Duran assisting in handcuffing [redacted] (Allegation G). PO Rios then allegedly choked [redacted] using both his hands on [redacted]'s neck, which temporarily restricted [redacted]'s breathing (Allegations H and I). PO Laguna and PO Rios then placed [redacted] on his stomach and held him down by his back, further restricting his breathing (Allegations J and K). PO Rios and PO Laguna then pulled [redacted]'s hands behind his back and handcuffed him. Other uniformed officers subsequently arrived on the scene in marked RMPs. An unknown officer then allegedly punched [redacted] in the face (Allegation L). On... Read report for details.