Complaint #201700235,
November 28, 2016

Officer: Alejandro, Jean
Complainant: Black Male, 30
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unfounded
Officer: Alejandro, Jean
Complainant: Black Male, 30
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Smith, Bryan
Complainant: Black Male, 30
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Smith, Bryan
Complainant: Black Male, 30
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Smith, Bryan
Complainant: Black Male, 30
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unfounded
Officer: Smith, Bryan
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Smith, Bryan
Complainant: Black Male, 30
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Smith, Bryan
Complainant: Black Male, 30
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Smith, Bryan
Complainant: Black Male, 30
Allegation: Force: Hit against inanimate object
CCRB Conclusion: Unsubstantiated
Officer: Smith, Bryan
Complainant: Black Male, 30
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Smith, Bryan
Complainant: Black Male, 30
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Smith, Bryan
Complainant: Black Male, 30
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Smith, Bryan
Complainant: Black Male, 30
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Smith, Bryan
Complainant: Black Male, 30
Allegation: Force: Other
CCRB Conclusion: Unfounded
Officer: Smith, Bryan
Complainant: Black Male, 30
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Smith, Bryan
Complainant: Black Male, 30
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Smith, Bryan
Complainant: Black Male, 30
Allegation: Force: Chokehold
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Other blunt instrument as a club
CCRB Conclusion: Unfounded
Officer: Smith, Bryan
Complainant: Black Male, 30
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Alejandro, Jean Black Male, 30 Force: Physical force Exonerated
Unknown Officer Black Male, 30-34 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Black Male, 30-34 Abuse of Authority: Threat of force (verbal or physical) Unfounded
Alejandro, Jean Black Male, 30 Force: Physical force Unfounded
Smith, Bryan Black Male, 30 Discourtesy: Word Unsubstantiated
Smith, Bryan Black Male, 30 Force: Physical force Unsubstantiated
Smith, Bryan Black Male, 30 Force: Hit against inanimate object Unfounded
Smith, Bryan Discourtesy: Word Unsubstantiated
Smith, Bryan Black Male, 30 Force: Physical force Unfounded
Smith, Bryan Black Male, 30 Force: Physical force Unsubstantiated
Smith, Bryan Black Male, 30 Force: Hit against inanimate object Unsubstantiated
Smith, Bryan Black Male, 30 Discourtesy: Word Unsubstantiated
Smith, Bryan Black Male, 30 Discourtesy: Word Unsubstantiated
Smith, Bryan Black Male, 30 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Smith, Bryan Black Male, 30 Discourtesy: Word Unsubstantiated
Smith, Bryan Black Male, 30 Force: Other Unfounded
Smith, Bryan Black Male, 30 Force: Physical force Unfounded
Smith, Bryan Black Male, 30 Force: Physical force Unfounded
Smith, Bryan Black Male, 30 Force: Chokehold Unfounded
Unknown Officer Black Male, 30-34 Force: Physical force Unfounded
Unknown Officer Black Male, 30-34 Force: Physical force Unfounded
Unknown Officer Black Male, 30-34 Force: Physical force Unfounded
Unknown Officer Black Male, 30-34 Discourtesy: Word Unfounded
Unknown Officer Black Male, 30-34 Force: Other blunt instrument as a club Unfounded
Smith, Bryan Black Male, 30 Abuse of Authority: Threat of force (verbal or physical) 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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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 November 28, 2017, at approximately 4:19 p.m., [redacted] was standing on the west side of Eighth Avenue, opposite 2930 Eighth Avenue, near the entrance to the 155th Street B/D subway station. [redacted] allegedly sold two MetroCards to Police Officer Jean Alejandro of Transit District 3. PO Alejandro attempted to arrest [redacted] and [redacted] resisted PO Alejandro's attempts to handcuff him. Sergeant Bryan Smith and Police Officer Camilo Camacho, both of Transit District 3, joined PO Alejandro in attempting to apprehend [redacted] PO Alejandro took [redacted] to the ground (Allegation A). The officers then struggled with [redacted] as he continued to resist their efforts to handcuff him. Sgt. Smith allegedly told [redacted] "I said it's fucking over!" and "Stop fucking resisting! It's fucking over!" (Allegation B). Sgt. Smith allegedly punched [redacted] twice in the eye (Allegation C). Sgt. Smith also allegedly grabbed [redacted] head and struck his face against the ground twice (Allegation D).
A large number of officers responded to a call for backup, and unidentified officers joined the physical struggle to handcuffs [redacted] Multiple unidentified officers allegedly punched and kicked [redacted] in the torso, back, and genitals (Allegation E). Sgt. Smith allegedly punched him in the face two or three more times before he has handcuffed, and punched him in the face again once officers handcuffed him and brought him to a standing position (Allegation F). A crowd of unidentified bystanders expressed their discontent at Sgt. Smith's conduct, and he allegedly told them, "I don't give a fuck. It's over. Throw his stupid ass in the car" (Allegation G).
PO Alejandro escorted [redacted] to a vehicle for transport, and [redacted] tried to prevent officers from fully lodging him in the vehicle by keeping his legs outside the car and kicking at the door. [redacted] ended up lying on his back across the backseat with his head near the rear driver's side door. An unidentified uniformed officer allegedly opened... Read report for details.


Details

Incident: November 28, 2016
Received: January 9, 2017
Closed: November 3, 2017

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 32nd Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Katherine Abreu, Camilo Camacho, Kelvin Jaquez, Haroon Sadiq