Complaint #201800538,
January 17, 2018

Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 18-20
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Heilig, Jeffrey
Complainant: Black Male, 19
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Charges)
Officer: Heilig, Jeffrey
Complainant: Black Male, 19
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Charges)
Officer: Echevarria, John
Complainant: Black Male, 19
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer: Heilig, Jeffrey
Complainant: Black Male, 19
Allegation: Abuse of Authority: Strip-searched
CCRB Conclusion: Substantiated (Charges)
Officer: Heilig, Jeffrey
Complainant: Black Male, 19
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Charges)
Officer: Echevarria, John
Complainant: Black Male, 19
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Berisha, Tomor
Complainant: Black Male, 19
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Charges)
Officer: Echevarria, John
Complainant: Black Male, 19
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Unknown Officer Black Male, 18-20 Force: Nightstick as club (incl asp & baton) Officer(s) Unidentified
Unknown Officer Black Male, 18-20 Force: Physical force Officer(s) Unidentified
Heilig, Jeffrey Black Male, 19 Abuse of Authority: Stop Substantiated (Charges)
Heilig, Jeffrey Black Male, 19 Force: Nonlethal restraining device Substantiated (Charges)
Echevarria, John Black Male, 19 Force: Restricted Breathing Unsubstantiated
Heilig, Jeffrey Black Male, 19 Abuse of Authority: Strip-searched Substantiated (Charges)
Heilig, Jeffrey Black Male, 19 Force: Nonlethal restraining device Substantiated (Charges)
Echevarria, John Black Male, 19 Force: Chokehold Unsubstantiated
Berisha, Tomor Black Male, 19 Abuse of Authority: Frisk Substantiated (Charges)
Echevarria, John Black Male, 19 Abuse of Authority: Search (of person) Substantiated (Charges)

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

Heilig, Jeffrey
Forfeit vacation 28 days
Closed: Resolved by plea, January 11, 2024
APU Guilty
Forfeit vacation 28 days

Berisha, Tomor
Reprimand
Closed: Plea set aside, Formalized Training, April 28, 2023
APU Dismissed
Formalized Training

Echevarria, John
Reprimand
Closed: Plea set aside, Formalized Training, April 28, 2023
APU Dismissed
Formalized Training

Summary

On January 17, 2018, at approximately 12:50 a.m., [redacted] a 19-year-old black male, was approached by Police Officer Tomor Berisha, of the 43rd Precinct, in front of [redacted] in the Bronx. Shortly after PO Berisha approached [redacted] he positioned himself to the right of [redacted] while Lieutenant Jeffery Heilig, Police Officer Bory Echanique, and Police Officer John Echevarria, all also of the 43rd Precinct, stood in front of [redacted] to his left, and behind him respectively (Allegations A: Abuse of Authority – Stop, [redacted]). PO Berisha observed a heavy object weighing down [redacted] right jacket pocket, and upon [redacted] allegedly refusing to take his hand out of his pocket, PO Berisha asked him what was in the pocket and frisked the pocket (Allegation B: Abuse of Authority - Frisk, [redacted]). PO Echevarria, who was standing behind [redacted] searched his pockets from behind (Allegation C: Abuse of Authority – Search of person, [redacted]).
After the search, PO Echevarria allegedly placed his arm around [redacted] neck from behind, inhibiting his ability to breathe (Allegation D: Force – Chokehold, [redacted]) (Allegation E: Force – Restricted breathing, [redacted]). At which time, Lieutenant Heilig Tasered [redacted] in the back (Allegation F: Force – Nonlethal restraining device, [redacted]), which caused him to fall on the ground. While on the ground, officers allegedly kicked and struck [redacted] with an ASP (Allegation G: Force – Physical force, [redacted]) (Allegation H: Force – Nightstick as club, [redacted]). Additionally, [redacted] was Tasered once more while on the ground (Allegation I: Force – Nonlethal restraining device, [redacted]).
[redacted] was then picked up off the ground and transported to the 43rd Precinct stationhouse, where Lieutenant Heilig authorized a strip-searched of [redacted] (Allegation J: Abuse of Authority – Strip-search, [redacted]).
[redacted] was arrested as a result of this incident and he was charged with possession of a criminal weapon, resisting... Read report for details.


Details

Incident: January 17, 2018
Received: January 22, 2018
Closed: January 29, 2019

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 43rd Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Bory Echanique