Complaint #201801230,
November 23, 2017

Officer: Goldberg, Julia
Complainant: Black Male, 55
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Charges)
Officer: Habib, Omar
Complainant: Black Male, 55
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Habib, Omar
Complainant: Black Male, 55
Allegation: Force: Chokehold
CCRB Conclusion: Substantiated (Charges)
Officer: Habib, Omar
Complainant: Black Male, 55
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Charges)
Officer: Unknown Officer
Complainant: Black Male, 55-59
Allegation: Force: Restricted Breathing
CCRB Conclusion: Officer(s) Unidentified
Officer: Unknown Officer
Complainant: Black Male, 55-59
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer Complainant Allegation CCRB Conclusion
Goldberg, Julia Black Male, 55 Force: Nonlethal restraining device Substantiated (Charges)
Habib, Omar Black Male, 55 Force: Physical force Substantiated (Charges)
Habib, Omar Black Male, 55 Force: Chokehold Substantiated (Charges)
Habib, Omar Black Male, 55 Abuse of Authority: Stop Substantiated (Charges)
Unknown Officer Black Male, 55-59 Force: Restricted Breathing Officer(s) Unidentified
Unknown Officer Black Male, 55-59 Force: Physical force Officer(s) Unidentified

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.

Further details on conclusions.


Penalties

Habib, Omar
Closed: Previously adjudicated, with discipline, September 27, 2020
APU Closed: Previously adjudicated, with discipline
Dismissal Probation 365 days

Goldberg, Julia
Closed: Not guilty after trial-PC Approved, April 15, 2020
APU Not guilty

Summary

On November 23, 2017, at approximately 5:47 PM, Police Officer Omar Habib of the 40th Precinct stopped [redacted] inside the [redacted] floor elevator of [redacted] in the Bronx (Allegation A: Abuse of Authority, [redacted]). PO Habib placed [redacted] in a chokehold (Allegation B: Force, [redacted]) and punched [redacted] (Allegation C: Force, [redacted]). Police Officer Julia Goldberg of the 40th Precinct used a Taser against [redacted] (Allegation D: Force, [redacted]). Once [redacted] was handcuffed and was lying on his stomach outside the elevator, an unidentified officer allegedly placed a foot on [redacted]'s back (Allegation E: Force, [redacted]). Due to the officer's foot and the Taser prongs, [redacted] had difficulty breathing (Allegation F: Force, [redacted]). [redacted] was removed to the hospital. He was not arrested or summonsed.
There is evidence suggesting PO Scott Pariona provided a false official statement in violation of Patrol Guide Procedure 203-08 (Allegation I: Other Misconduct). Read report for details.


Details

Incident: November 23, 2017
Received: February 14, 2018
Closed: July 25, 2018
Last Updated: October 2, 2025

Reason for contact: Other
Location: Residential building
In NYPD 40th Precinct Bronx
Outcome: No arrest made or summons issued

Witness Officers: Erick Erdaide, Kelvin Marte, Scott Pariona
Body-Worn Camera evidence collected
Video evidence collected