Complaint #201710373,
December 9, 2017

Officer: Peralta, Jose
Complainant: Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mukhtarzada, Hekmatullah
Complainant: Male, 32
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Mukhtarzada, Hekmatullah
Complainant: Male, 32
Allegation: Abuse of Authority: Other
CCRB Conclusion: Unsubstantiated
Officer: Peralta, Jose
Complainant: Black Male, 35
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Peralta, Jose
Complainant: Black Male, 35
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Peralta, Jose
Complainant: Black Male, 33
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Peralta, Jose
Complainant: Male, 37
Allegation: Discourtesy: Word
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Peralta, Jose
Complainant: Black Male, 33
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Oconnell, John
Complainant: Male, 32
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Peralta, Jose
Complainant: Black Male, 33
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Alia, Giancarlo
Complainant: Black Male, 33
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer: Alia, Giancarlo
Complainant: Black Male, 33
Allegation: Force: Pepper spray
CCRB Conclusion: Unsubstantiated
Officer: Martinucci, Daniel
Complainant: Black Male, 33
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Peralta, Jose
Complainant: Black Male, 35
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Unsubstantiated
Officer: Peralta, Jose
Complainant: Male, 37
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Peralta, Jose
Complainant: Black Male, 35
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Male, 35-39
Allegation: Discourtesy: Word
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Unknown Officer
Complainant: Male, 35-39
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Uncooperative
Officer Complainant Allegation CCRB Conclusion
Peralta, Jose Male, 32 Force: Physical force Exonerated
Mukhtarzada, Hekmatullah Male, 32 Discourtesy: Word Unsubstantiated
Mukhtarzada, Hekmatullah Male, 32 Abuse of Authority: Other Unsubstantiated
Peralta, Jose Black Male, 35 Force: Physical force Exonerated
Peralta, Jose Black Male, 35 Discourtesy: Word Unsubstantiated
Peralta, Jose Black Male, 33 Discourtesy: Word Unsubstantiated
Peralta, Jose Male, 37 Discourtesy: Word Alleged Victim Uncooperative
Peralta, Jose Black Male, 33 Force: Physical force Exonerated
Oconnell, John Male, 32 Force: Physical force Exonerated
Peralta, Jose Black Male, 33 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Alia, Giancarlo Black Male, 33 Force: Restricted Breathing Unsubstantiated
Alia, Giancarlo Black Male, 33 Force: Pepper spray Unsubstantiated
Martinucci, Daniel Black Male, 33 Force: Physical force Exonerated
Peralta, Jose Black Male, 35 Abuse of Authority: Threat of arrest Unsubstantiated
Peralta, Jose Male, 37 Abuse of Authority: Threat of arrest Alleged Victim Uncooperative
Peralta, Jose Black Male, 35 Discourtesy: Word Unsubstantiated
Unknown Officer Black Male, 30-34 Force: Physical force Officer(s) Unidentified
Unknown Officer Male, 35-39 Discourtesy: Word Alleged Victim Uncooperative
Unknown Officer Male, 35-39 Force: Physical force Alleged Victim Uncooperative

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 December 9, 2017, at approximately 3:35 a.m., Police Officer Giancarlo Alia and Police Officer Malcolm Jenkins of the 34th Precinct conducted a community visit at Playroom NYC (Playroom), a nightclub located at 3964 10th Avenue in Manhattan. Shortly thereafter, a fight broke out, and in response, Playroom's bouncers pepper-sprayed the crowd—including both officers. Police Officer Alia called for assistance, and numerous officers from the 34th Precinct, including: Police Officer Joe Peralta, Police Officer Coree Brigganty, Police Officer Santiago, Sergeant Hekmatulla Mukhtarzada, Police Officer Daniel Martinucci, Captain John O'Connell, and plainclothes officers from the 34th Precinct Anti-Crime team, Sergeant Ashleigh Sofia, Police Officer Johnny Diaz, Police Officer Nicholas Kane, Police Officer Michael Levy, Police Officer Kevin McCormack and Police Officer Robert King, all from the 34th Precinct, responded.
At around 4:00 a.m., [redacted] and other unidentified friends were walking from Playroom to their cars when they saw another group who had also been in Playroom. The two groups began arguing. Police Officer Peralta ran over with Police Officer Santiago and Police Officer Brigganty and allegedly told [redacted] to, "Get the fuck out of here" (Allegation A: Discourtesy, [redacted]). Police Officer Peralta then allegedly pushed [redacted] as he told him to, "Get the fuck out the way" (Allegations B: Discourtesy, [redacted] and Allegation C: Force, [redacted]). Police Officer Peralta asked the groups to disperse, but they did not comply, so he conducted a Taser spark test (Allegation D: Abuse of Authority, [redacted]). A struggle ensued between [redacted] and Police Officer Peralta (Allegation E: Force, [redacted]). As Police Officer Peralta was attempting to place [redacted] under arrest, [redacted] stepped between them. Police Officer Peralta punched [redacted] in the face (Allegation F: Force, [redacted]), and Captain O'Connell pulled [redacted] to the ground (Allegation G: Force, [redacted]) where he... Read report for details.


Details

Incident: December 9, 2017
Received: December 15, 2017
Closed: December 6, 2018

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

Witness Officers: Coree Brigantty, Johnny Diaz, Nicholas Kane, Robert King, Michael Levy, Kevin Mccormack, Kevin Santiago, Ashleigh Sofia
Video evidence collected