Complaint #201707745,
August 21, 2017

Officer: Diaz, Anthony
Allegation: Abuse of Authority: Gun Drawn
CCRB Conclusion: Unsubstantiated
Officer: Diaz, Anthony
Complainant: Black Male, 48
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Diaz, Anthony
Complainant: Black Male, 48
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Diaz, Anthony
Complainant: Black Male, 48
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Diaz, Anthony Abuse of Authority: Gun Drawn Unsubstantiated
Diaz, Anthony Black Male, 48 Force: Physical force Unsubstantiated
Diaz, Anthony Black Male, 48 Force: Physical force Unsubstantiated
Diaz, Anthony Black Male, 48 Force: Restricted Breathing Unsubstantiated

Conclusion Meanings:

'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 August 21, 2017, at approximately 1:58 p.m., [redacted] was standing outside of the 41st Precinct stationhouse when he saw PO Anthony Diaz and PO Efrain Ayala sitting inside their vehicle looking at him while PO Diaz waved his gun (Allegation A: Abuse of Authority, [redacted]). PO Diaz, PO Ayala, and PO Abel Dupres subsequently approached and arrested [redacted]. During the arrest, PO Diaz allegedly grabbed [redacted] by the chest of his shirt and pushed him against a door (Allegation B: Physical Force, [redacted]). [redacted] also alleged that PO Diaz subsequently pulled him down to the ground, causing him to be positioned face-down on top of his bike (Allegation D: Physical Force, [redacted]). PO Diaz allegedly applied pressure to [redacted]'s back, causing his breathing to be restricted (Allegation D: Force, [redacted]). [redacted] was released with a disorderly conduct summons. Read report for details.


Details

Incident: August 21, 2017
Received: September 19, 2017
Closed: April 4, 2018

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 41st Precinct Bronx
Outcome: Summons - disorderly conduct

Witness Officers: Efrain Ayala, Abel Dupres, Gelvis Loraespinal
Video evidence collected