Complaint #201607109,
August 14, 2016

Summary

On August 14, 2016, at approximately 8:40 p.m., [redacted] was at Echo Park and East Tremont Avenue in the Bronx. [redacted] was with a friend, [redacted] and [redacted] were approached by PO Theresa Lustica and PO Konti Markvukaj of the 46th Precinct. [redacted] was stopped by PO Lustica and PO Markvukaj at the park while [redacted] was ultimately issued a summons (Allegation A-B). PO Lustica allegedly called [redacted] a "smartass" (Allegation C). PO Markvukaj threatened to arrest [redacted] (Allegation D). [redacted] was placed under arrest to be processed for a summons at the stationhouse because he failed to produce identification. En route to the stationhouse, PO Markvukaj allegedly made remarks to [redacted] based upon sexual orientation and ethnicity and spoke discourteously to him (Allegation E-G). PO Lustica also allegedly made remarks to [redacted] based upon sexual orientation en route to the stationhouse (Allegation H). Outside of the stationhouse, PO Markvukaj used physical force against [redacted] to get him inside the stationhouse (Allegation I). Inside the stationhouse, PO Markvukaj used physical force to lodge [redacted] inside the cells (Allegation J). [redacted] alleged he fell to the floor while he was being lodged and was allegedly dragged across the floor by PO Markvukaj, PO Lustica, and PO Daniel Benavides (Allegation K-M). PO Benavides allegedly kicked [redacted] in the ribs and in the leg (Allegation N). An officer allegedly punched [redacted] in the head (Allegation O). After he was lodged, [redacted] began kicking the cell door. PO Benavides allegedly told [redacted] to "Shut the fuck up" and called him a "piece of shit" (Allegation P). PO Markvukaj and PO Lustica allegedly refused to provide their name and shield numbers to [redacted] (Allegation Q-R). PO Kevin Martin and PO Lustica allegedly refused to obtain medical treatment for [redacted] (Allegation S-T). Read report for details.