Complaint #201605451,
June 19, 2016

Officer: Fleming, Mark
Complainant: Hispanic Male, 34
Allegation: Force: Other
CCRB Conclusion: Unsubstantiated
Officer: Fleming, Mark
Complainant: Hispanic Male, 34
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Murphy, Redmond
Complainant: Hispanic Male, 34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Hispanic Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Hispanic Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Hispanic Male, 30-34
Allegation: Force: Chokehold
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Hispanic Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Fleming, Mark Hispanic Male, 34 Force: Other Unsubstantiated
Fleming, Mark Hispanic Male, 34 Force: Physical force Unsubstantiated
Murphy, Redmond Hispanic Male, 34 Force: Physical force Exonerated
Unknown Officer Hispanic Male, 30-34 Force: Physical force Unfounded
Unknown Officer Hispanic Male, 30-34 Force: Physical force Exonerated
Unknown Officer Abuse of Authority: Premises entered and/or searched Exonerated
Unknown Officer Hispanic Male, 30-34 Discourtesy: Word Unfounded
Unknown Officer Hispanic Male, 30-34 Force: Physical force Unfounded
Unknown Officer Hispanic Male, 30-34 Force: Chokehold Unfounded
Unknown Officer Hispanic Male, 30-34 Force: Physical force Unfounded

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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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 June 19, 2016, at approximately 8:57 pm, 47th Precinct officers entered [redacted]s apartment at [redacted] and arrested him for assaulting his spouse. (Allegation A) The officers used force in the process of handcuffing him. (Allegation B) [redacted] was then removed from his apartment and escorted outside to a marked RMP parked in front of the building. As they reached the RMP (#[redacted] an officer allegedly slapped the back of [redacted]s head, and told him to "shut the fuck up." (Allegations C, D). In response, [redacted] turned around and began to protest, at which point several officers brought him down to the ground (Allegation E). An officer allegedly used a chokehold on [redacted] while taking him down. (Allegation F) Officers then proceeded to jointly punch [redacted] hitting him all over his body for approximately one minute. (Allegation G) During this time, PO Redmond Murphy held his knee against the back of [redacted]s neck. (Allegation H) [redacted] was then raised and placed into the RMP face-down. Allegedly, [redacted] was transported to the stationhouse in this position with PO Mark Fleming on top of him, restricting his breathing (Allegation I) En route, PO Fleming allegedly punched [redacted] in the face repeatedly, striking his right cheek. (Allegation J) [redacted] was later taken to [redacted] Hospital, where he received stitches for a lip contusion. [redacted] was [redacted]
The investigation obtained video footage of the incident from two cell phone recordings and several surveillance cameras; the relevant files are embedded through this report. (BR02 – BR06) This case surpassed the 90-day benchmark because the investigation sought analysis from the Office of the Chief Medical Examiner regarding a possible restricted breathing allegation captured on video. Read report for details.


Details

Incident: June 19, 2016
Received: June 23, 2016
Closed: February 24, 2017

Reason for contact: Report-domestic dispute
Location: Street/highway
In NYPD 47th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Daniel Bergamini, Wilson Lema, Christophe Olear, Rafael Rispoli, Salvatore Ronzino, Matthew Vinzo, Eleanor Walsh
Video evidence collected