Complaint #201801128,
February 3, 2018

Officer: Burgos, Nercy
Complainant: Black Male, 47
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Shouldis, James
Complainant: Black Male, 47
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Green, Cory
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Green, Cory
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Becerra, John
Complainant: Age 59
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Becerra, John
Complainant: Age 59
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Becerra, John
Complainant: Black Male, 47
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Unsubstantiated
Officer: Castiello, Nicholas
Complainant: Black Male, 47
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Benvenuto, Brian
Complainant: Black Male, 47
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 45-49
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 45-49
Allegation: Force: Restricted Breathing
CCRB Conclusion: Officer(s) Unidentified
Officer: Becerra, John
Complainant: Black Male, 47
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Unknown Officer
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Officer(s) Unidentified
Officer: Benvenuto, Brian
Complainant: Black Male, 47
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Benvenuto, Brian
Complainant: Black Male, 47
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Benvenuto, Brian
Complainant: Black Male, 47
Allegation: Abuse of Authority: Threat to damage/seize property
CCRB Conclusion: Unsubstantiated
Officer: Benvenuto, Brian
Complainant: Black Male, 47
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Unknown Officer
Complainant: Black Male, 45-49
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Officer(s) Unidentified
Officer: Becerra, John
Complainant: Black Male, 47
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Burgos, Nercy Black Male, 47 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Shouldis, James Black Male, 47 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Green, Cory Abuse of Authority: Stop Unsubstantiated
Green, Cory Abuse of Authority: Search (of person) Unsubstantiated
Becerra, John Age 59 Abuse of Authority: Frisk Substantiated (Command Discipline A)
Becerra, John Age 59 Abuse of Authority: Vehicle search Substantiated (Command Discipline A)
Becerra, John Black Male, 47 Force: Nonlethal restraining device Unsubstantiated
Castiello, Nicholas Black Male, 47 Force: Physical force Exonerated
Benvenuto, Brian Black Male, 47 Force: Physical force Exonerated
Unknown Officer Black Male, 45-49 Discourtesy: Word Officer(s) Unidentified
Unknown Officer Black Male, 45-49 Force: Physical force Officer(s) Unidentified
Unknown Officer Black Male, 45-49 Force: Restricted Breathing Officer(s) Unidentified
Becerra, John Black Male, 47 Force: Physical force Substantiated (Command Discipline A)
Unknown Officer Black Male, 45-49 Abuse of Authority: Threat of force (verbal or physical) Officer(s) Unidentified
Benvenuto, Brian Black Male, 47 Force: Physical force Unsubstantiated
Benvenuto, Brian Black Male, 47 Discourtesy: Word Unsubstantiated
Benvenuto, Brian Black Male, 47 Abuse of Authority: Threat to damage/seize property Unsubstantiated
Benvenuto, Brian Black Male, 47 Discourtesy: Word Unsubstantiated
Unknown Officer Black Male, 45-49 Abuse of Authority: Refusal to obtain medical treatment Officer(s) Unidentified
Becerra, John Black Male, 47 Force: Nonlethal restraining device 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
'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.


Penalty

Becerra, John
No Disciplinary Action-DUP
No penalty

Summary

On February 3, 2018, at approximately 10:00 p.m., Sgt. John Becerra and PO Cory Green of the 6th Precinct, approached [redacted]s vehicle while it was parked at a hydrant in front of [redacted] in Manhattan. PO Green asked the passenger, [redacted], to step out of the vehicle and searched him (Allegation A: Abuse of Authority, [redacted]; Allegation B: Abuse of Authority, [redacted]). Sgt. Becerra asked [redacted] to step out of the vehicle and frisked [redacted] (Allegation C: Abuse of Authority, [redacted]). Sgt. Becerra subsequently searched [redacted]s vehicle (Allegation D: Abuse of Authority, [redacted]). While [redacted] and [redacted] were out of the vehicle, an uninvolved civilian, [redacted] walked onto the scene and allegedly bumped into the officers. At this point, PO Brian Benvenuto and PO Nicholas Castiello of the 6th Precinct were also on the scene. Sgt. Becerra tasered [redacted] (Allegation E: Force, [redacted]). PO Benvenuto and PO Castiello allegedly used force to take [redacted] down to the ground (Allegation F: Force, [redacted]; Allegation G: Force, [redacted]). After [redacted] was on the ground, Sgt. Becerra tasered [redacted] again (Allegation H: Force, [redacted]). An officer then placed their knee against the back of [redacted]s head and neck, kicked [redacted] and restricted his breathing. (Allegation I: Force, [redacted]; Allegation J: Force, [redacted]). While on the ground, Sgt. Becerra kicked [redacted] (Allegation K: Force, [redacted]). An officer used profanities towards [redacted] and threatened to punch him (Allegation L: Discourtesy, [redacted]; Allegation M: Abuse of Authority, [redacted]). An unidentified officer drew his taser and asked [redacted] "How does that Taser feel, motherfucker" (subsumed within Allegation L and Allegation M). [redacted] was placed in handcuffs and then transported to [redacted]. [redacted] was arrested as a result of this incident.
At [redacted], PO Benvenuto allegedly pushed [redacted] and cursed at him (Allegation N: Force, [redacted];... Read report for details.


Details

Incident: February 3, 2018
Received: February 9, 2018
Closed: July 19, 2019

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 6th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Meredith Biggin, Thomas Cronin, Patrick Defonzo, Michael Gambina, Thomas Grace, Robert Jackson, Robert Janison, Wesley Mak