Complaint #201708326,
September 15, 2017

Officer: Zaino, Paul
Complainant: Black Male, 29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Exonerated
Officer: Vargas, Luilly
Complainant: Black Male, 29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Vargas, Luilly
Complainant: Black Male, 29
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Sanchez, Luis
Complainant: Black Male, 29
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Vargas, Luilly
Complainant: Black Male, 29
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 25-29
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Vargas, Luilly
Complainant: Black Male, 29
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Zaino, Paul Black Male, 29 Abuse of Authority: Search (of person) Exonerated
Vargas, Luilly Black Male, 29 Force: Physical force Exonerated
Vargas, Luilly Black Male, 29 Force: Chokehold Unsubstantiated
Sanchez, Luis Black Male, 29 Discourtesy: Word Exonerated
Vargas, Luilly Black Male, 29 Discourtesy: Word Unsubstantiated
Unknown Officer Black Male, 25-29 Discourtesy: Word Officer(s) Unidentified
Vargas, Luilly Black Male, 29 Force: Restricted Breathing 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
'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 September 15, 2017, at approximately 11:23 pm, [redacted] was walking two acquaintances to hail a taxi on Jerome Avenue near 176th Street in the Bronx. [redacted] reported that a verbal dispute ensued between himself and Det. Luis Sanchez of Bronx Narcotics, who was at the location in plainclothes as part of a buy-and-bust operation. Det. Sanchez said to [redacted] during the course of this dispute, "I don't fucking know you," (Allegation A: Discourtesy [redacted]). Det. Luilly Vargas allegedly tackled [redacted] from behind (Allegation B: Force [redacted]) and placed him in a chokehold (Allegation C: Force - [redacted]), restricting his breathing (Allegation D: Force - [redacted]). Det. Vargas and other officers allegedly called [redacted] a "punk ass," a "stupid little motherfucker," and a "pussy" (Allegation E: Discourtesy - [redacted] and Allegation F: Discourtesy - [redacted]). Det. Zaino searched [redacted] and recovered marijuana (Allegations G: Abuse of Authority - [redacted]). [redacted] was transported to the 46th Precinct stationhouse and released with a summons for [redacted]. Read report for details.


Details

Incident: September 15, 2017
Received: October 10, 2017
Closed: April 5, 2018

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 46th Precinct Bronx
Outcome: Summons - other violation/crime

Witness Officers: Braulio Aponte, James Causa, Manuel Cruz, Edward French, Vicente Perez, Daniel Rivera
Video evidence collected