| Officer: | Fana, Dany |
|---|---|
| Complainant: | Hispanic Male, 24 |
| Allegation: | Force: Physical force |
| CCRB Conclusion: | Substantiated (Charges) |
| Officer: | Marzan, Justin |
| Complainant: | Hispanic Male, 24 |
| Allegation: | Abuse of Authority: Stop |
| CCRB Investigator Recommendation: | Substantiated |
| CCRB Board Conclusion: | Exonerated |
| Officer: | Marzan, Justin |
| Complainant: | Hispanic Male, 24 |
| Allegation: | Abuse of Authority: Search (of person) |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Marzan, Justin |
| Complainant: | Hispanic Male, 24 |
| Allegation: | Abuse of Authority: Search (of person) |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Marzan, Justin |
| Complainant: | Hispanic Male, 24 |
| Allegation: | Abuse of Authority: Frisk |
| CCRB Conclusion: | Unsubstantiated |
| Officer: | Fana, Dany |
| Complainant: | Hispanic Male, 24 |
| Allegation: | Abuse of Authority: Threat of force (verbal or physical) |
| CCRB Conclusion: | Exonerated |
| Officer | Complainant | Allegation | CCRB Board Conclusion |
|---|---|---|---|
| Fana, Dany | Hispanic Male, 24 | Force: Physical force | Substantiated (Charges) |
| Marzan, Justin | Hispanic Male, 24 | Abuse of Authority: Stop | Exonerated |
| CCRB Investigator Recommendation: Substantiated | |||
| Marzan, Justin | Hispanic Male, 24 | Abuse of Authority: Search (of person) | Unsubstantiated |
| Marzan, Justin | Hispanic Male, 24 | Abuse of Authority: Search (of person) | Unsubstantiated |
| Marzan, Justin | Hispanic Male, 24 | Abuse of Authority: Frisk | Unsubstantiated |
| Fana, Dany | Hispanic Male, 24 | Abuse of Authority: Threat of force (verbal or physical) | Exonerated |
Further details on conclusions.
On May 10, 2017, at 10:19 p.m., officers from the 41st Precinct received a radio run for a male individual with a firearm at Kelly Street and East 156th Street, in the Bronx, and Sgt. Justin Marzan stopped [redacted] upon arriving on the scene (Allegation A). Sgt. Marzan allegedly frisked and searched [redacted] during the stop, and also searched [redacted]s backpack (Allegations B, C, and D). [redacted] was ultimately released without being arrested or issued a summons.
Later that night, at approximately 11:12 p.m., [redacted] observed Sgt. Dany Fana and PO Erickson Ramirez, from the 41st Precinct, driving on Leggett Avenue and Fox Street, in the Bronx. [redacted] stood in the street, blocking the officers' vehicle. [redacted] threw an object at the vehicle, which resulted in both Sgt. Fana and PO Ramirez exiting the vehicle. Sgt. Fana pointed his taser at [redacted] and then punched [redacted] in the face (Allegations E and F). Sgt. Fana then kicked [redacted] and punched him three additional times (Within Allegation F). [redacted] was handcuffed and transported to [redacted], where he received treatment for swelling to his left eye. No arrests or summonses resulted from this incident.
An APU Prosecutor was consulted regarding the force allegation of this complaint.
This case exceeded the 90-day benchmark by two weeks because it included FADO allegations stemming from multiple incident locations and numerous officer interviews.
Security video footage of [redacted]s interaction with Sgt. Fana and PO Ramirez was obtained from [redacted] (Board Review 24). The footage was edited via Snag-It, and is embedded below:
Read report for details.