Complaint #201700550,
January 22, 2017

Officer: Rios, Nicholas
Complainant: Hispanic Female, 19
Allegation: Abuse of Authority: Refusal to provide name/shield number
CCRB Conclusion: Unsubstantiated
Officer: Rios, Nicholas
Complainant: Hispanic Male, 18
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Rios, Nicholas
Complainant: Hispanic Male, 18
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Yakubovsky, Andrew
Allegation: Abuse of Authority: Premises entered and/or searched
CCRB Conclusion: Unsubstantiated
Officer: Rios, Nicholas
Complainant: Black Male, 17
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Rios, Nicholas
Complainant: Hispanic Male, 18
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Marello, Kenneth
Complainant: Hispanic Male, 18
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Padilla, Marco
Complainant: Hispanic Male, 18
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Padilla, Marco
Complainant: Hispanic Male, 18
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Rios, Nicholas
Complainant: Hispanic Male, 18
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Rios, Nicholas
Complainant: Hispanic Male, 18
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Exonerated
Officer: Marello, Kenneth
Complainant: Hispanic Male, 18
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 15-17
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Officer(s) Unidentified
Officer: Rios, Nicholas
Complainant: Black Male, 17
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Rios, Nicholas
Complainant: Hispanic Male, 18
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 15-17
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 15-17
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Rios, Nicholas Hispanic Female, 19 Abuse of Authority: Refusal to provide name/shield number Unsubstantiated
Rios, Nicholas Hispanic Male, 18 Force: Physical force Unfounded
Rios, Nicholas Hispanic Male, 18 Force: Physical force Unsubstantiated
Yakubovsky, Andrew Abuse of Authority: Premises entered and/or searched Unsubstantiated
Rios, Nicholas Black Male, 17 Abuse of Authority: Stop Exonerated
Rios, Nicholas Hispanic Male, 18 Abuse of Authority: Stop Exonerated
Marello, Kenneth Hispanic Male, 18 Abuse of Authority: Stop Exonerated
Padilla, Marco Hispanic Male, 18 Abuse of Authority: Stop Exonerated
Padilla, Marco Hispanic Male, 18 Abuse of Authority: Frisk Exonerated
Rios, Nicholas Hispanic Male, 18 Discourtesy: Word Unsubstantiated
Rios, Nicholas Hispanic Male, 18 Abuse of Authority: Stop Exonerated
Marello, Kenneth Hispanic Male, 18 Abuse of Authority: Frisk Exonerated
Unknown Officer Black Male, 15-17 Abuse of Authority: Search (of person) Officer(s) Unidentified
Rios, Nicholas Black Male, 17 Force: Physical force Unsubstantiated
Rios, Nicholas Hispanic Male, 18 Abuse of Authority: Frisk Exonerated
Unknown Officer Black Male, 15-17 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Black Male, 15-17 Abuse of Authority: Threat of arrest Officer(s) Unidentified

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 January 22, 2017 at 12:10 a.m., an employee of J&E Grocery, located at 500 East 165th Street in the Bronx called 911 to report an incident involving a black male with a gray sweater and a skinny Hispanic male in a yellow jacket with a firearm. Shortly thereafter, [redacted] was walking home from J&E Grocery when he was stopped and frisked by PO Marco Padilla and PO Kenneth Marello of the 42nd Precinct (Allegations A, B, C and D). They did not find any weapons on him and instructed him to go home. [redacted]'s friends, [redacted] were waiting for him across the street at the side entrance of [redacted] in the Bronx where they resided. As [redacted] was about to enter the building, he saw a strange man in plainclothes, PO Nicolas Rios of PSA 7, running towards him (Allegation E). [redacted] ran into the building, but PO Rios allegedly tackled him to the ground, causing a cut above his right eye (Allegation F). While [redacted] was on the ground, PO Rios continued to chase [redacted] (Allegations G and H) into a back stairwell. As [redacted] were trying to go up the stairs, PO Rios allegedly grabbed them and slammed them against the ground (Allegations I and J). [redacted] fell on his leg and [redacted] began shouting in pain. [redacted] tried to pick himself up, but PO Rios threw him against the stairwell wall and allegedly hit him once on the side of his head. PO Rios also purportedly said, "Shut the fuck up, you shouldn't have run" (Allegation K). PO Rios frisked [redacted] (Allegation L). PO Rios then left and other officers entered the stairwell. An officer allegedly told [redacted] "Shut the fuck up. Do you want to go to jail?" (Allegation M). The officer then allegedly searched his two front pockets and sweater pockets (Allegation N).
During this time, [redacted] had returned to his apartment on the second floor. Lt. Philip Terpos and PO Andrew Yakubovsky of the 42nd Precinct were conducting a vertical when they heard yelling. They knocked on the door and [redacted] and his girlfriend, [redacted]... Read report for details.


Details

Incident: January 22, 2017
Received: January 23, 2017
Closed: August 31, 2017

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Residential building
In NYPD 42nd Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Chris Aybar, Christopher Britton, Eric Dym, Miguel Frias, Giovanni Laguna, Xavier Larino, Phillip Pena, Fidel Rosario, Philip Terpos
Video evidence collected