Complaint #201605007,
June 4, 2016

Officer: Rivera, Edmundo
Complainant: Hispanic Male, 22
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer: Rivera, Edmundo
Complainant: Hispanic Male, 22
Allegation: Force: Gun Pointed
CCRB Conclusion: Unsubstantiated
Officer: Ayala, Joel
Complainant: Hispanic Male, 22
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Ayala, Joel
Complainant: Hispanic Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Ayala, Joel
Complainant: Hispanic Male, 22
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Unsubstantiated
Officer: Ayala, Joel
Complainant: Hispanic Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Rivera, Edmundo
Complainant: Hispanic Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Rivera, Edmundo
Complainant: Hispanic Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Rivera, Edmundo
Complainant: Hispanic Male, 22
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Doherty, Brian
Complainant: Hispanic Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Doherty, Brian
Complainant: Hispanic Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Doherty, Brian
Complainant: Hispanic Male, 22
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Unknown Officer
Complainant: Hispanic Male, 21-24
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Rivera, Edmundo Hispanic Male, 22 Abuse of Authority: Strip-searched Unsubstantiated
Rivera, Edmundo Hispanic Male, 22 Force: Gun Pointed Unsubstantiated
Ayala, Joel Hispanic Male, 22 Abuse of Authority: Stop Substantiated (Command Discipline A)
Ayala, Joel Hispanic Male, 22 Force: Physical force Exonerated
Ayala, Joel Hispanic Male, 22 Abuse of Authority: Strip-searched Unsubstantiated
Ayala, Joel Hispanic Male, 22 Force: Physical force Unsubstantiated
Rivera, Edmundo Hispanic Male, 22 Force: Physical force Exonerated
Rivera, Edmundo Hispanic Male, 22 Force: Physical force Unsubstantiated
Rivera, Edmundo Hispanic Male, 22 Abuse of Authority: Stop Substantiated (Command Discipline A)
Doherty, Brian Hispanic Male, 22 Force: Physical force Exonerated
Doherty, Brian Hispanic Male, 22 Force: Physical force Unsubstantiated
Doherty, Brian Hispanic Male, 22 Abuse of Authority: Stop Substantiated (Command Discipline A)
Unknown Officer Hispanic Male, 21-24 Abuse of Authority: Strip-searched Officer(s) Unidentified

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
'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.


Penalties

Ayala, Joel
Formalized Training

Doherty, Brian
Formalized Training

Rivera, Edmundo
Formalized Training

Summary

On June 4, 2016, at approximately 4:30 a.m., [redacted] was walking by himself on Valentine Avenue between East Fordham Road and East 192nd Street in the Bronx. He had been waiting in line outside of a Footlocker shoe store located at East Fordham Road and Valentine Avenue in anticipation of a sneaker that was being released later that morning, but had decided to leave the line to retrieve some items from his home, and then he would return to the Footlocker. As [redacted] was walking, a marked police vehicle carrying PO Brian Doherty, PO Edmundo Rivera, and PO Joel Ayala, all of the 52nd Precinct, pulled up next to [redacted] The officers asked [redacted] where he was going, and he told them he was walking home. The officers exited the vehicle and approached [redacted] and he turned and started walking south away from the officers (Allegations A, B, and C). PO Rivera pointed his gun at [redacted] and told him to get down on the ground (Allegation D). The officers grabbed [redacted]'s arms, tripped him onto the ground, and placed him in handcuffs (Allegations E, F, and G). The officers then kicked [redacted] approximately six times on his chest and feet (Allegation H, I, and J). PO Ayala patted [redacted] down and felt inside of his waistband, making direct physical contact with [redacted]'s genitals and also feeling between his buttocks (Allegation K). [redacted] did not have any ID, so the officers transported him to the 52nd Precinct stationhouse to verify his identity and issue him summonses for disorderly conduct. At the stationhouse, [redacted] was taken to a back room by PO Rivera, who also searched inside of [redacted]'s waistband, making contact with [redacted]'s genitals while doing so (Allegation L). [redacted] began struggling and yelling due to the manner in which PO Rivera was searching him. An unidentified female officer entered the room at that time and searched inside of [redacted]'s waistband in the same manner that PO Ayala and PO Rivera had done (Allegation M). Once the officers were done... Read report for details.


Details

Incident: June 4, 2016
Received: June 10, 2016
Closed: November 2, 2016

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 52nd Precinct Bronx
Outcome: Summons - disorderly conduct

Witness Officers: George Fristensky, Gabriel Herbert, Maria Zoccolillo