Complaint #201604937,
May 30, 2016

Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Officer(s) Unidentified
Officer: Loyola, Marc
Complainant: Black Male, 23
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Loyola, Marc
Complainant: Black Male, 23
Allegation: Force: Vehicle
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 21-24 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Black Male, 21-24 Force: Nightstick as club (incl asp & baton) Officer(s) Unidentified
Unknown Officer Black Male, 21-24 Abuse of Authority: Stop Officer(s) Unidentified
Loyola, Marc Black Male, 23 Force: Physical force Substantiated (Command Discipline A)
Loyola, Marc Black Male, 23 Force: Vehicle Unsubstantiated

Conclusion Meanings:

'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

Loyola, Marc
No Disciplinary Action-DUP
No penalty

Summary

[redacted] On May 30, 2016 at approximately 4:25 p.m., [redacted] were involved in a vehicle accident in the vicinity of Flatbush Avenue and Cortelyou Road in Brooklyn. [redacted] and [redacted] fled the scene of the accident. [redacted] pursued him and reported the accident to PO Wilson Cordero and PO Marc Aurelus, who were posted at Bedford Avenue and Newkirk Avenue. Those officers broadcast a description of [redacted] s vehicle over the radio and numerous officers pursued him.
At approximately 4:40 p.m., [redacted] crashed his vehicle on Newkirk Avenue at the intersection with East 32nd Street. [redacted] exited his vehicle and an officer identified by the investigation as PO Marc Loyola allegedly drove into [redacted] pinning him against a car that was parked nearby (Allegation A). PO Loyola and numerous other officers approached [redacted] and handcuffed him. PO Loyola allegedly punched [redacted] several times in the head and back (Allegation B).
[redacted] arrived and approached the accident scene. (Several officers stated that [redacted] got in a police car and tried to drive it; [redacted] denied this.) Officers handcuffed [redacted] (Allegation C). During the struggle to handcuff him, numerous officers allegedly used obscenities toward [redacted] and one officer allegedly struck him in the ribs with an asp (Allegations D and E).
[redacted] was released after PO Aurelus informed the other officers that he was the victim of the initial hit-and-run. He transported himself to [redacted] for body pain and later received follow-up treatment from his personal physician. The NYPD's Emergency Services Unit (ESU) responded to the scene to free [redacted] s leg from the parked car. An ambulance transported him to [redacted] , where he was diagnosed with a fractured right tibia, which pierced his skin and caused a flesh wound. He later received follow-up care from Correctional Health Services and at [redacted] (see Privileged Documents).
[redacted] Read report for details.


Details

Incident: May 30, 2016
Received: June 8, 2016
Closed: February 24, 2017

Reason for contact: PD suspected C/V of violation/crime - auto
Location: Street/highway
In NYPD 67th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Marc Aurelus, Michael Bresnahan, Joseph Calabrese, Joannie Colon, Wilson Cordero, Kyle Daly, Brian Dean, Michael Raheb, Yvette Saintaubin
Video evidence collected