Complaint #201602991,
March 18, 2016

Officer: Arroyo, Lee
Complainant: Black Male, 27
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Ierna, Joseph
Complainant: Black Male, 27
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Ierna, Joseph
Complainant: White Male, 49
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Ierna, Joseph
Complainant: Black Male, 57
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Ierna, Joseph
Complainant: Black Male, 27
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Burckhard, Joseph
Complainant: White Male, 49
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Burckhard, Joseph
Complainant: Black Male, 27
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Burckhard, Joseph
Complainant: Black Male, 57
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Sheikh, Asim
Complainant: White Male, 49
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Sheikh, Asim
Complainant: Black Male, 27
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Sheikh, Asim
Complainant: Black Male, 57
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Ierna, Joseph
Complainant: White Male, 49
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Arroyo, Lee Black Male, 27 Force: Physical force Exonerated
Ierna, Joseph Black Male, 27 Abuse of Authority: Stop Exonerated
Ierna, Joseph White Male, 49 Force: Gun Pointed Unsubstantiated
Ierna, Joseph Black Male, 57 Abuse of Authority: Stop Exonerated
Ierna, Joseph Black Male, 27 Abuse of Authority: Search (of person) Unsubstantiated
Burckhard, Joseph White Male, 49 Abuse of Authority: Stop Exonerated
Burckhard, Joseph Black Male, 27 Abuse of Authority: Stop Exonerated
Burckhard, Joseph Black Male, 57 Abuse of Authority: Stop Exonerated
Sheikh, Asim White Male, 49 Abuse of Authority: Stop Exonerated
Sheikh, Asim Black Male, 27 Abuse of Authority: Stop Exonerated
Sheikh, Asim Black Male, 57 Abuse of Authority: Stop Exonerated
Ierna, Joseph White Male, 49 Abuse of Authority: Stop 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.
'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 18, 2016, at approximately 6:30 p.m., [redacted] and his friend [redacted] ran into [redacted] friend [redacted] at the intersection of Andrews Avenue South and West Burnside Avenue in the Bronx. [redacted] asked [redacted] for money with which to purchase food. [redacted] then gave [redacted] five dollars. [redacted] then went to the Kennedy Fried Chicken shop across the street. He left the shop while his chicken was being prepared, and then returned to [redacted] and [redacted] and walked with them towards Loring Place, to the west side of the block. [redacted] and [redacted] were stopped by PO Joseph Ierna and Sgt. Joseph Burckhard of Bronx Narcotics, stopped [redacted] and [redacted] after receiving a transmission from PO Asim Sheikh, also of Bronx Narcotics, that PO Sheikh suspected all three men of engaging in a drug transaction (Allegations A-I). Upon approaching the group, PO Ierna allegedly pointed a gun at [redacted] (Allegation J). PO Lee Arroyo then came to the scene as part of the apprehension team. PO Arroyo physically struggled with [redacted] briefly before taking him to the ground (Allegation K). [redacted] and [redacted] were then handcuffed. Two small twists of crack cocaine were retrieved from the ground by PO Sheikh. PO Ierna allegedly placed his hand in [redacted] pocket to pull out his wallet and identification while he was handcuffed (Allegation L). [redacted] was released shortly afterwards, and was not arrested or issued a summons. Read report for details.


Details

Incident: March 18, 2016
Received: April 8, 2016
Closed: August 29, 2016

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 46th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Rolando Carbonell, Edward Garcia, Felix Liberato, Alhadys Reyes
Video evidence collected