Complaint #201704509,
June 6, 2017

Officer: Guzman, Rafael
Complainant: Hispanic Male, 19
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Guzman, Rafael
Complainant: Hispanic Male, 19
Allegation: Force: Chokehold
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Rivera, Flavio
Complainant: Hispanic Male, 19
Allegation: Force: Chokehold
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Guzman, Rafael
Complainant: Hispanic Male, 19
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Lagrasta, Christopher
Complainant: Hispanic Male, 19
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Guzman, Rafael
Complainant: Hispanic Male, 19
Allegation: Force: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Rivera, Flavio
Complainant: Hispanic Male, 19
Allegation: Force: Other
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Guzman, Rafael Hispanic Male, 19 Force: Physical force Substantiated (Command Discipline B)
Guzman, Rafael Hispanic Male, 19 Force: Chokehold Substantiated (Command Discipline B)
Rivera, Flavio Hispanic Male, 19 Force: Chokehold Substantiated (Command Discipline B)
Guzman, Rafael Hispanic Male, 19 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Lagrasta, Christopher Hispanic Male, 19 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Guzman, Rafael Hispanic Male, 19 Force: Other Substantiated (Command Discipline B)
Rivera, Flavio Hispanic Male, 19 Force: Other Substantiated (Command Discipline B)

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

Guzman, Rafael
No Disciplinary Action-DUP
No penalty

Rivera, Flavio
No Disciplinary Action-DUP
No penalty

Summary

On June 6, 2017, at approximately 5:20 p.m., [redacted] was sitting inside of a vehicle parked next to a fire hydrant in front of 54 West 174th Street in the Bronx. Three other unidentified individuals were inside of the vehicle with [redacted]. PO Flavio Rivera and PO Rafael Guzman, both of the 46th Precinct, drove past [redacted]'s vehicle, stopped, and then reversed so their vehicle was next to the one [redacted] was inside of. The officers recognized [redacted] and knew that there was an open warrant for his arrest in connection with a burglary. Both officers exited their vehicle, approached the vehicle [redacted] was seated in, and asked [redacted] to exit the vehicle. [redacted] did this, and then attempted to run away from the officers. PO Rivera grabbed [redacted] around his waist, and [redacted] and the officer both fell to the ground. [redacted] stood up, and PO Guzman grabbed him by his hair and threw [redacted] to the ground (Allegation A). PO Guzman, PO Rivera, and [redacted] engaged in a physical struggle on the ground as the officers attempted to place [redacted] in handcuffs. During this struggle, both officers wrapped their arms around [redacted]'s neck (Allegations B, C, D and E). Additional officers from the 46th Precinct arrived at the scene and [redacted] was placed in handcuffs. He was then transported to the 46th Precinct stationhouse and arrested in regards to the open warrant, and also for resisting arrest. While being held in a cell at the stationhouse, [redacted] asked PO Guzman and Lt. Christopher Lagrasta to call an ambulance for him multiple times. Both officers stated they would call an ambulance, but no ambulance ever arrived for [redacted] (Allegations F and G). Read report for details.


Details

Incident: June 6, 2017
Closed: November 22, 2017

Reason for contact: Execution of arrest/bench warrant
Location: Street/highway
In NYPD 46th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Valon Rugova
Video evidence collected