Complaint #201705685,
July 8, 2017

Officer: Oliva, Cary
Complainant: Black Female, 23
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Dacaj, Florenc
Complainant: Black Female, 23
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Chan, Lawrence
Complainant: Black Female, 23
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Sanchez, Stephanie
Complainant: Black Female, 23
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Gomez, Carlos
Complainant: Black Male, 20
Allegation: Force: Gun Pointed
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Gomez, Carlos
Complainant: Black Male, 20
Allegation: Abuse of Authority: Stop
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Caban, Jose
Complainant: Black Male, 21
Allegation: Force: Gun Pointed
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Caban, Jose
Complainant: Black Male, 21
Allegation: Abuse of Authority: Stop
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Cordero, Jose
Complainant: Black Male
Allegation: Abuse of Authority: Stop
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Caban, Jose
Complainant: Black Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Caban, Jose
Complainant: Black Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Caban, Jose
Complainant: Black Male, 21
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Caban, Jose
Complainant: Black Male, 21
Allegation: Abuse of Authority: Frisk
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Gomez, Carlos
Complainant: Black Male, 20
Allegation: Abuse of Authority: Frisk
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Cordero, Jose
Complainant: Black Male
Allegation: Abuse of Authority: Frisk
CCRB Investigator Recommendation: Substantiated
CCRB Board Conclusion: Exonerated
Officer: Cordero, Jose
Complainant: Black Male
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Male, 21-24
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Black Female, 21-24
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Caban, Jose
Complainant: Black Female, 23
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Female, 21-24
Allegation: Discourtesy: Action
CCRB Conclusion: Unfounded
Officer: Cordero, Jose
Complainant: Black Female, 23
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Cordero, Jose
Complainant: Black Male
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Board Conclusion
Oliva, Cary Black Female, 23 Force: Physical force Exonerated
Dacaj, Florenc Black Female, 23 Force: Physical force Exonerated
Chan, Lawrence Black Female, 23 Force: Physical force Exonerated
Sanchez, Stephanie Black Female, 23 Force: Physical force Exonerated
Gomez, Carlos Black Male, 20 Force: Gun Pointed Exonerated
CCRB Investigator Recommendation: Substantiated
Gomez, Carlos Black Male, 20 Abuse of Authority: Stop Exonerated
CCRB Investigator Recommendation: Substantiated
Caban, Jose Black Male, 21 Force: Gun Pointed Exonerated
CCRB Investigator Recommendation: Substantiated
Caban, Jose Black Male, 21 Abuse of Authority: Stop Exonerated
CCRB Investigator Recommendation: Substantiated
Cordero, Jose Black Male Abuse of Authority: Stop Exonerated
CCRB Investigator Recommendation: Substantiated
Caban, Jose Black Male, 21 Force: Physical force Substantiated (Command Discipline B)
Caban, Jose Black Male, 21 Force: Physical force Exonerated
Caban, Jose Black Male, 21 Abuse of Authority: Search (of person) Unsubstantiated
Caban, Jose Black Male, 21 Abuse of Authority: Frisk Exonerated
CCRB Investigator Recommendation: Substantiated
Gomez, Carlos Black Male, 20 Abuse of Authority: Frisk Exonerated
CCRB Investigator Recommendation: Substantiated
Cordero, Jose Black Male Abuse of Authority: Frisk Exonerated
CCRB Investigator Recommendation: Substantiated
Cordero, Jose Black Male Force: Physical force Exonerated
Unknown Officer Black Male, 21-24 Abuse of Authority: Stop Unfounded
Unknown Officer Black Male, 21-24 Abuse of Authority: Search (of person) Unfounded
Unknown Officer Black Male, 21-24 Abuse of Authority: Frisk Unfounded
Unknown Officer Black Female, 21-24 Force: Physical force Officer(s) Unidentified
Caban, Jose Black Female, 23 Force: Physical force Unsubstantiated
Unknown Officer Black Female, 21-24 Discourtesy: Action Unfounded
Cordero, Jose Black Female, 23 Force: Physical force Unsubstantiated
Cordero, Jose Black Male Force: Physical force Unsubstantiated

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
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'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.


Penalty

Caban, Jose
Command Discipline - B

Summary

On July 8, 2017, at approximately 4:00 a.m., [redacted] was walking near [redacted] in the Bronx with his friends, [redacted] and [redacted] Gunshots were fired at the group by unknown individuals, and [redacted] and his friends fled on foot. They were then stopped by Sgt. Jose Caban, PO Carlos Gomez, and PO Jose Cordero of PSA 7, with Sgt. Caban and PO Gomez pointing their firearms at them (Allegations A and B: Force, [redacted] Allegations C through E: Abuse of Authority, [redacted] Sgt. Caban used a forcible takedown against [redacted] and punched him while on the ground (Allegations F: Force, [redacted] Allegation G: Force, [redacted] Sgt. Caban frisked and allegedly searched [redacted] (Allegation H: Abuse of Authority, [redacted] Allegation I: Abuse of Authority, [redacted] PO Gomez and PO Cordero respectively frisked [redacted] and [redacted] (Allegations J and K: Abuse of Authority, [redacted] After being frisked, [redacted] reportedly disobeyed PO Cordero's directive to leave the scene. PO Cordero then used a forcible takedown against [redacted] (Allegation L: Force, [redacted] Officers allegedly stopped, frisked, and searched [redacted] during the course of their investigation (Allegations M, N, and O: Abuse of Authority, [redacted]
PO Lawrence Chan, PO Stephanie Sanchez, PO Florenc Dacaj, and PO Cary Oliva of the 40th Precinct arrived as backup. PO Chan, PO Sanchez, PO Dacaj, PO Oliva, and Sgt. Caban used a forcible takedown against [redacted] and an officer allegedly punched her during the struggle (Allegations P through S: Force, [redacted] Allegation T: Force, [redacted] Allegation U: Force, [redacted] As the struggle unfolded, an officer allegedly smacked [redacted] phone from her hand (Allegation V: Discourtesy, [redacted] PO Cordero allegedly pulled [redacted] hair and punched her as he placed her into an RMP (Allegation W: Force, [redacted] PO Cordero also allegedly punched [redacted] while placing him into an RMP (Allegation X: Force, [redacted]
[redacted] fled the scene and was not... Read report for details.


Details

Incident: July 8, 2017
Received: July 13, 2017
Closed: July 26, 2018

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Cesar Gomez, Brian Kovall, Saul Quilesmorales
Video evidence collected