Complaint #201610231,
December 6, 2016

Officer: Grace, Fernando
Complainant: Male, 13
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Cupo, Angelo
Complainant: Male, 13
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Grace, Fernando
Complainant: Male, 13
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Grace, Fernando
Complainant: Male, 13
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Grace, Fernando Male, 13 Force: Physical force Unsubstantiated
Cupo, Angelo Male, 13 Force: Physical force Substantiated (Command Lvl Instructions)
Grace, Fernando Male, 13 Force: Physical force Substantiated (Command Lvl Instructions)
Grace, Fernando Male, 13 Force: Physical force Unsubstantiated

Conclusion Meanings:

'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

Grace, Fernando
Formalized Training

Cupo, Angelo
Formalized Training

Summary

On December 6, 2016, at approximately 3:30 PM, [redacted] was on a school bus operated by [redacted] on the way home from school. At the time of this incident, [redacted] was involved in an ongoing dispute with the operator of the school bus, [redacted]. On December 6, 2016, [redacted] and [redacted] were engaged in a verbal dispute because [redacted] was standing on the bus while [redacted] was driving, which is against bus policy. [redacted] drove to the 24th Precinct stationhouse, and flagged down PO Fernando Grace, who was standing in front of the stationhouse. PO Grace boarded the bus, and approached [redacted] who was seated in the front quarter of the bus. PO Grace allegedly picked him up from the bus seat and dropped him back down, causing him to hit the back of his head on the bus seat (Allegation A), and then allegedly punched him twice in the head (Allegation B). PO Grace pulled [redacted] to the front of the bus, where they met PO Angelo Cupo. PO Grace and PO Cupo pulled [redacted] off the bus, causing him to fall over the stairs of the bus, and on to the ground (Allegation C, Allegation D). This case is being submitted after the 90-day mark because of difficulty in scheduling officer appearances, and delays incurred in subpoenaing testimony from [redacted].
A juvenile report was prepared as a result of this incident (12 Board Review). [redacted] was charged with disorderly conduct and harassment.
[redacted] provided a cellular phone video depicting the FADO allegation of his ejection from the bus (01 Board Review). Read report for details.


Details

Incident: December 6, 2016
Received: December 13, 2016
Closed: August 17, 2017

Reason for contact: EDP aided case
Location: Street/highway
In NYPD 24th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Dishea Paschall, Javier Santos
Video evidence collected