Complaint #201606523,
July 23, 2016

Summary

On July 23, 2016, at approximately 10:00 p.m., PO Lamont Asencio and PO Thomas Geberth of the 46th Precinct responded to [redacted]'s home, which is located at [redacted] in the Bronx, because his wife, [redacted] had called 911 and reported that [redacted] had assaulted her [redacted]-old son, [redacted] When the officers arrived at the apartment, [redacted] answered the door and told the officers that she had called in regards to [redacted] hitting her son. The officers entered the apartment (Allegations A and B), and PO Geberth went into the living room to interview [redacted] while PO Asencio spoke with [redacted] in the kitchen. PO Fabian Nembhard and PO Justin Ortiz of the 46th Precinct arrived at the apartment several minutes after the first officers to provide assistance. PO Geberth told [redacted] he was under arrest, and [redacted] asked [redacted] if she was pressing charges against him. [redacted] stated that she was not, and PO Geberth told her, "It's too fucking late" (Allegation C). A physical struggle ensued in which the officers tried to place [redacted] in handcuffs and he resisted by holding his hands in the air above his head and stumbling around the room. PO Geberth told him, "Put your hands fucking down" (Allegation D). The officers tackled [redacted] onto a couch, and he was punched and kicked multiple times (Allegations E, F, G and H). [redacted] kicked PO Ortiz in his leg, causing PO Ortiz to fall backwards onto the floor. PO Asencio and PO Geberth both struck [redacted] multiple times in his legs with batons (Allegation I and J). [redacted] fell onto the floor, and PO Asencio sprayed him with pepper spray (Allegation K). The officers were then able to place [redacted] in handcuffs, and removed him from the apartment. As [redacted] was in the hallway outside of the apartment, [redacted] started yelling that [redacted] was bleeding out of his mouth, and an officer stated, "I don't give a fuck if he's bleeding out of his mouth. He can bleed out of his head" (Allegation L). As the officers... Read report for details.