Complaint #201706000,
February 1, 2017

Officer: Fana, Dany
Complainant: Black Male, 28
Allegation: Abuse of Authority: Vehicle stop
CCRB Conclusion: Unsubstantiated
Officer: Fana, Dany
Complainant: Black Male, 28
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Smith, Eric
Complainant: Black Male, 28
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Smith, Eric
Complainant: Black Male, 39
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Unsubstantiated
Officer: Rodriguez, Gabrielle
Complainant: Black Male, 39
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Rodriguez, Gabrielle
Complainant: Black Male, 39
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Smith, Eric
Complainant: Black Male, 39
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Rodriguez, Gabrielle
Complainant: Black Male, 39
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Maldonado, Kenny
Complainant: Black Male, 39
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Smith, Eric
Complainant: Black Male, 39
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Smith, Eric
Complainant: Black Male, 39
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Maldonado, Kenny
Complainant: Black Male, 39
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Officer: Maldonado, Kenny
Complainant: Black Male, 39
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Formalized Training)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Rodriguez, Gabrielle
Complainant: Black Male, 28
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Force: Restricted Breathing
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 35-39
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Fana, Dany Black Male, 28 Abuse of Authority: Vehicle stop Unsubstantiated
Fana, Dany Black Male, 28 Abuse of Authority: Frisk Unsubstantiated
Smith, Eric Black Male, 28 Abuse of Authority: Frisk Unsubstantiated
Smith, Eric Black Male, 39 Abuse of Authority: Frisk Unsubstantiated
Rodriguez, Gabrielle Black Male, 39 Abuse of Authority: Search (of person) Exonerated
Rodriguez, Gabrielle Black Male, 39 Abuse of Authority: Frisk Exonerated
Smith, Eric Black Male, 39 Force: Physical force Unsubstantiated
Rodriguez, Gabrielle Black Male, 39 Force: Physical force Unsubstantiated
Maldonado, Kenny Black Male, 39 Force: Physical force Unsubstantiated
Unknown Officer Black Male, 35-39 Force: Physical force Officer(s) Unidentified
Smith, Eric Black Male, 39 Force: Physical force Unsubstantiated
Smith, Eric Black Male, 39 Force: Physical force Unsubstantiated
Maldonado, Kenny Black Male, 39 Force: Physical force Substantiated (Formalized Training)
NYPD Disposition: Formalized Training
Maldonado, Kenny Black Male, 39 Force: Physical force Substantiated (Formalized Training)
NYPD Disposition: No Disciplinary Action-DUP
Rodriguez, Gabrielle Black Male, 28 Abuse of Authority: Vehicle search Exonerated
Unknown Officer Black Male, 35-39 Force: Restricted Breathing Officer(s) Unidentified
Unknown Officer Black Male, 35-39 Force: Physical force 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
'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.


Penalty

Maldonado, Kenny
Formalized Training

Summary

On February 1, 2017, at approximately 10:30 p.m., Sgt. Dany Fana stopped a vehicle occupied by [redacted] and [redacted] on Southern Avenue and Barretto Street in the Bronx (Allegation A: Abuse of Authority, [redacted]). All three occupants were removed from the vehicle. Sgt. Fana frisked [redacted] and PO Eric Smith frisked [redacted] (Allegation B: Abuse of Authority, [redacted], Allegation C: Abuse of Authority, [redacted], Allegation D: Abuse of Authority, [redacted]). PO Rodriguez also frisked and searched [redacted] (Allegation E: Abuse of Authority, [redacted], Allegation F: Abuse of Authority, [redacted]).
After being searched, [redacted] ran from the officers and PO Rodriguez and PO Smith caught up to him on a city bus located on Hunts Point Avenue and Bruckner Boulevard. Inside the bus, PO Smith allegedly brought [redacted] down to the ground and allegedly punched [redacted]'s face and body five or six times while [redacted] was lying on the ground (Allegation G: Force, [redacted]). PO Rodriguez allegedly squeezed [redacted] by his handcuffs and pulled him upwards by the handcuffs (Allegation H: Force, [redacted]). One of the responding officers, PO Kenny Maldonado punched [redacted]'s face twice while he was still on the ground (Allegation I: Force [redacted]). PO Maldonado subsequently pulled [redacted] off of the bus and dropped [redacted] face first on the ground (Allegation J: Force, [redacted]). While on the ground, officers kicked [redacted] and PO Smith punched [redacted] three or four times (Allegation K: Force, Officers Unidentified; Allegation L: Force, [redacted]). [redacted] was brought inside a police vehicle and PO Smith allegedly punched [redacted] several times while at the back of the police vehicle (Allegation M: Force, [redacted]). While in the police vehicle, PO Maldonado pulled the front of [redacted]'s shirt over his face and walked away (Allegation N: Force, [redacted]).
PO Rodriguez returned to Southern Avenue and Barretto Street and retrieved the knives from the vehicle... Read report for details.


Details

Incident: February 1, 2017
Received: July 24, 2017
Closed: June 27, 2018

Reason for contact: Other violation of VTL
Location: Street/highway
In NYPD 41st Precinct Bronx
Outcome: Arrest - assault (against a PO)

Witness Officers: Naser Dzaferovic, Justin Marzan, Edili Ramirez, Erickson Ramirez, Anthony Rivera, Ahsan Zafar