Complaint #201708493,
October 11, 2017

Officer: Viera, Leonardo
Complainant: Black Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Viera, Leonardo
Complainant: Black Male, 20
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Haviland, James
Complainant: Black Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Belkin, David
Complainant: Black Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Viera, Leonardo
Complainant: Black Male, 20
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer: Viera, Leonardo
Complainant: Black Male, 20
Allegation: Offensive Language: Disability
CCRB Conclusion: Substantiated (Charges)
Officer: Haviland, James
Complainant: Black Female, 77
Allegation: Abuse of Authority: Threat re: removal to hospital
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Viera, Leonardo
Complainant: Black Male, 20
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Haviland, James
Complainant: Black Male, 20
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Rivero, Melissa
Complainant: Black Male, 20
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Belkin, David
Complainant: Black Male, 20
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Viera, Leonardo
Complainant: Black Male, 20
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Viera, Leonardo Black Male, 20 Force: Physical force Exonerated
Viera, Leonardo Black Male, 20 Force: Pepper spray Exonerated
Haviland, James Black Male, 20 Force: Physical force Exonerated
Belkin, David Black Male, 20 Force: Physical force Exonerated
Viera, Leonardo Black Male, 20 Discourtesy: Word Substantiated (Charges)
Viera, Leonardo Black Male, 20 Offensive Language: Disability Substantiated (Charges)
Haviland, James Black Female, 77 Abuse of Authority: Threat re: removal to hospital Substantiated (Command Discipline A)
Viera, Leonardo Black Male, 20 Abuse of Authority: Forcible Removal to Hospital Exonerated
Haviland, James Black Male, 20 Abuse of Authority: Forcible Removal to Hospital Exonerated
Rivero, Melissa Black Male, 20 Abuse of Authority: Forcible Removal to Hospital Exonerated
Belkin, David Black Male, 20 Abuse of Authority: Forcible Removal to Hospital Exonerated
Viera, Leonardo Black Male, 20 Force: Physical force Substantiated (Charges)

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

Further details on conclusions.


Penalties

Haviland, James
Instructions

Viera, Leonardo
Closed: Retained, with discipline, April 5, 2019
APU Closed: Retained, with discipline
Instructions

Summary

On October 11, 2017, at approximately 4:20 p.m., PO Leonardo Viera, PO James Haviland, PO David Belkin, and PO Melissa Pascual, all from the 63rd Precinct, responded to [redacted] residence at [redacted] in Brooklyn. PO Viera discouraged [redacted] from committing suicide because he was "fucking young, in shape, and all," and he stated to [redacted] "I'm not gonna bullshit you, you gotta go to the hospital (Allegation A: Discourtesy, [redacted])." PO Viera pepper sprayed [redacted] twice in his face (Allegation B: Force, [redacted]) and PO Haviland punched [redacted] in his lower left side (Allegation C: Force, [redacted]). The officers allegedly attempted to lift [redacted] off of the ground by his feet and torso, kicked his legs, and tore two of his dreadlocks from his scalp (Allegations C cont'd, D, and E: Force, [redacted]). PO Viera grabbed [redacted] by his collar, pulled him away from PO Haviland's grip, and pushed him against a wall inside the ambulance (Allegation F: Force, [redacted]). PO Viera told [redacted] to "calm the fuck down" and allegedly stated that he "shouldn't have been fucking resisting (Allegation A cont'd: Discourtesy, [redacted])." PO Haviland told [redacted] "Go inside or we'll call an ambulance for you next (Allegation G: Abuse of Authority, [redacted])," and PO Viera told [redacted] that he was "being a retard (Allegation H: Offensive Language, [redacted])." [redacted] was forcibly removed to [redacted] via ambulance (Allegations I, J, K, and L: Abuse of Authority, [redacted]). No one was arrested or summonsed. Read report for details.


Details

Incident: October 11, 2017
Closed: April 5, 2018

Reason for contact: Aided case
Location: Residential building
In NYPD 63rd Precinct Brooklyn
Outcome: No arrest made or summons issued

Body-Worn Camera evidence collected