Complaint #201802943,
December 24, 2017

Officer: Rivera, Robert
Complainant: Black Male, 55
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Auyeung, Susan
Complainant: Black Male, 55
Allegation: Abuse of Authority: Refusal to obtain medical treatment
CCRB Conclusion: Unsubstantiated
Officer: Rivera, Robert
Complainant: Black Male, 55
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer: Rivera, Robert
Complainant: Black Male, 55
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Auyeung, Susan
Complainant: Black Male, 55
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Rivera, Robert Black Male, 55 Force: Physical force Unsubstantiated
Auyeung, Susan Black Male, 55 Abuse of Authority: Refusal to obtain medical treatment Unsubstantiated
Rivera, Robert Black Male, 55 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated
Rivera, Robert Black Male, 55 Discourtesy: Word Unsubstantiated
Auyeung, Susan Black Male, 55 Force: Physical force Exonerated

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.
'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 24, 2017, at approximately 12:45 PM, Police Officer Robert Rivera and Sergeant Susan Auyeung responded to a 911 call for a three-card monte game in front of 320 5th Avenue in Manhattan. PO Rivera and Sgt. Auyeung observed [redacted] and two other unapprehended males facilitating a three-card monte game. PO Rivera and Sgt. Auyeung both approached [redacted]. PO Rivera quickly moved to apprehend another male, and [redacted] and Sgt. Auyeung began to struggle. Sgt. Auyeung tripped [redacted] to the ground (Allegation A: Force, [redacted]). Both Sgt. Auyeung and [redacted] fell to the ground, and Sgt. Auyeung injured her head. PO Rivera then re-approached [redacted] and punched him several times in his ribs (Allegation B: Force, [redacted]). [redacted] complained of pain, and PO Rivera allegedly stated, "Well die then" in response (Allegation C: Discourtesy, [redacted]). PO Rivera and Sgt. Auyeung handcuffed [redacted] and transported him to their police vehicle to transport him to the Midtown South stationhouse. While en route to the Midtown South stationhouse, Sgt. Auyeung allegedly refused to provide medical attention to [redacted] (Allegation D: Abuse of Authority, [redacted]), and PO Rivera allegedly threatened [redacted] with the use of physical force (Allegation E: Abuse of Authority, [redacted]). Read report for details.


Details

Incident: December 24, 2017
Received: April 17, 2018
Closed: March 6, 2019

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD Midtown South Precinct Manhattan
Outcome: Arrest - assault (against a PO)