Complaint #201607225,
August 12, 2016

Officer: Montoya, Edward
Complainant: Hispanic Female, 52
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Exonerated
Officer: Montoya, Edward
Complainant: Hispanic Male, 55
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Montoya, Edward Hispanic Female, 52 Abuse of Authority: Threat of arrest Exonerated
Montoya, Edward Hispanic Male, 55 Discourtesy: Word Unsubstantiated

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.
'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 August 12, 2016, at approximately 1:41 p.m., [redacted] called 911 alleging that a male [redacted], assaulted her at [redacted] in Manhattan. Officers from the 33rd Precinct responded to the location and PO Edward Montoya spoke with [redacted] regarding her complaint inside the building's lobby. [redacted] husband, arrived to the location after being informed that his wife had been assaulted. [redacted] attempted to speak with [redacted] to find out what had occurred, but PO Montoya allegedly stated to him, "Shut the fuck up or I will arrest your ass" (Allegations A and B). [redacted] told PO Montoya that he was not a lowlife and that he worked at [redacted], to which PO Montoya allegedly responded, "I don't care what you do and I don't give a fuck where you work" (also Allegation A). [redacted] was then guided away by PO Roubens Exume while PO Montoya continued speaking to [redacted]. Eventually, both [redacted] and [redacted] were arrested, as both had accused the other of assault. Read report for details.


Details

Incident: August 12, 2016
Received: August 22, 2016
Closed: December 16, 2016

Reason for contact: C/V requested investigation of crime
Location: Apartment/house
In NYPD 33rd Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Roubens Exume, Todd Habersham, Erick Mero
Video evidence collected