Complaint #201708879,
October 20, 2017

Officer: Sofia, Ashleigh
Complainant: Male, 16
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Diaz, Johnny
Complainant: Male, 16
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Diaz, Johnny
Complainant: Male, 16
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Diaz, Johnny
Complainant: Male, 28
Allegation: Force: Physical force
CCRB Conclusion: Complainant Uncooperative
Officer: Diaz, Johnny
Complainant: Male, 16
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Diaz, Johnny
Complainant: Male, 16
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Kane, Nicholas
Complainant: Male, 16
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Sofia, Ashleigh
Complainant: Male, 16
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Diaz, Johnny
Complainant: Male, 16
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Kane, Nicholas
Complainant: Male, 16
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Kane, Nicholas
Complainant: Male, 16
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Diaz, Johnny
Complainant: Male, 16
Allegation: Abuse of Authority: Question
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Unknown Officer
Complainant: Male, 15-17
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Diaz, Johnny
Complainant: Male, 16
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Diaz, Johnny
Complainant: Male, 28
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Sofia, Ashleigh Male, 16 Force: Physical force Unsubstantiated
Diaz, Johnny Male, 16 Force: Physical force Unsubstantiated
Diaz, Johnny Male, 16 Discourtesy: Word Unsubstantiated
Diaz, Johnny Male, 28 Force: Physical force Complainant Uncooperative
Diaz, Johnny Male, 16 Abuse of Authority: Search (of person) Substantiated (Command Discipline B)
Diaz, Johnny Male, 16 Abuse of Authority: Frisk Substantiated (Command Discipline B)
Kane, Nicholas Male, 16 Abuse of Authority: Stop Substantiated (Command Discipline B)
Sofia, Ashleigh Male, 16 Abuse of Authority: Stop Substantiated (Command Discipline B)
Diaz, Johnny Male, 16 Abuse of Authority: Stop Substantiated (Command Discipline B)
Kane, Nicholas Male, 16 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Kane, Nicholas Male, 16 Discourtesy: Word Unsubstantiated
Diaz, Johnny Male, 16 Abuse of Authority: Question Substantiated (Command Discipline B)
Unknown Officer Male, 15-17 Force: Physical force Officer(s) Unidentified
Diaz, Johnny Male, 16 Force: Physical force Unsubstantiated
Diaz, Johnny Male, 28 Discourtesy: Word Unsubstantiated

Conclusion Meanings:

'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.


Penalties

Diaz, Johnny
Retired

Sofia, Ashleigh
No Disciplinary Action-DUP
No penalty

Kane, Nicholas
No Disciplinary Action-DUP
No penalty

Summary

On October 20, 2017, at approximately 2:30 a.m., [redacted] and [redacted] were standing in front of their residence, located at [redacted] in Manhattan, when they were approached by PO Johnny Diaz, PO Nicholas Kane, and Sgt. Ashleigh Sofia of the 34th Precinct Anti-Crime Team. PO Diaz, PO Kane, and Sgt. Sofia stopped [redacted] (Allegations A through C: Abuse of Authority, [redacted]). PO Diaz allegedly used the word "fuck" while speaking with [redacted] and [redacted] (Allegation D: Discourtesy, [redacted]).
PO Diaz allegedly questioned [redacted] about guns and drugs (Allegation E: Abuse of Authority, [redacted]). As [redacted] entered the vestibule, PO Diaz grabbed hold of his arms and conducted a frisk (Allegation F: Abuse of Authority, [redacted]). PO Diaz then tripped [redacted] to the floor (Allegation G: Force, [redacted]). Officers allegedly struck [redacted] on his back multiple times before and after he was handcuffed (Allegation H: Force, [redacted]). PO Diaz searched [redacted] ultimately removing a switchblade knife from his person (Allegation I: Abuse of Authority, [redacted]). As they lifted [redacted] from the ground, PO Diaz and Sgt. Sofia allegedly shoved him against a wall (Allegations J and K: Force, [redacted]). [redacted] was escorted to a police vehicle by PO Kane, who allegedly told [redacted] "Say I won't fuck you up in front of your own mother" (Allegation L: Discourtesy, [redacted] Allegation M: Abuse of Authority, [redacted]). [redacted] was ultimately arrested and charged with [redacted].
At an unspecified time during the incident, PO Diaz allegedly punched [redacted] in the stomach and then allegedly stated, "We're doing this shit like the 90s," (Allegation N: Force, [redacted] Allegation O – Discourtesy, [redacted]). Read report for details.


Details

Incident: October 20, 2017
Received: October 26, 2017
Closed: April 4, 2018

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 34th Precinct Manhattan
Outcome: Juvenile Report