Complaint #201803359,
April 28, 2018

Officer: Montilla, Ricardo
Complainant: Black Female, 33
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Montilla, Ricardo
Complainant: Hispanic Male, 21
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Montilla, Ricardo
Complainant: Hispanic Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Montilla, Ricardo
Complainant: Hispanic Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Alphonso, Noel
Complainant: Hispanic Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Female, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Officer(s) Unidentified
Officer: Montilla, Ricardo
Complainant: Hispanic Male, 21
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Exonerated
Officer: Montilla, Ricardo
Complainant: Female, 40
Allegation: Force: Physical force
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Montilla, Ricardo
Complainant: Female, 40
Allegation: Abuse of Authority: Threat of arrest
CCRB Conclusion: Alleged Victim Uncooperative
Officer: Porras, David
Complainant: Hispanic Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Porras, David
Complainant: Hispanic Male, 21
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Montilla, Ricardo Black Female, 33 Force: Physical force Unfounded
Montilla, Ricardo Hispanic Male, 21 Discourtesy: Word Unsubstantiated
Montilla, Ricardo Hispanic Male, 21 Force: Physical force Exonerated
Montilla, Ricardo Hispanic Male, 21 Force: Physical force Alleged Victim Uncooperative
Alphonso, Noel Hispanic Male, 21 Force: Physical force Exonerated
Unknown Officer Black Female, 30-34 Force: Physical force Officer(s) Unidentified
Montilla, Ricardo Hispanic Male, 21 Force: Nonlethal restraining device Exonerated
Montilla, Ricardo Female, 40 Force: Physical force Alleged Victim Uncooperative
Montilla, Ricardo Female, 40 Abuse of Authority: Threat of arrest Alleged Victim Uncooperative
Porras, David Hispanic Male, 21 Force: Physical force Exonerated
Porras, David Hispanic Male, 21 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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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 April 28, 2018, at approximately 9:00 PM, Sgt. Ricardo Montilla, PO Thomas McCue, and PO Matthew Ferguson of the PSA 4 Anti-Crime team observed [redacted] and [redacted] fighting outside of [redacted] in Manhattan, a part of the NYCHA Gompers Development. At Approximately 9:32 PM, Sgt. Montilla, PO McCue, and PO Ferguson apprehended [redacted] and [redacted] within the lobby of [redacted]. [redacted]'s mother) was also present in the lobby when the officers approached. Sgt. Montilla allegedly pushed [redacted] from the lobby (Allegation A: Force, [redacted]). Outside of the lobby was [redacted], a friend of the arrestees. When [redacted] attempted to enter the lobby, Sgt. Montilla allegedly said to him, "You're not coming in the fucking building," and then, "Didn't I just fucking tell you?" (Allegation B: Discourtesy, [redacted]). Sgt. Montilla also pushed [redacted] out of the lobby (Allegation C: Force, [redacted]).
Sgt. Montilla then exited the lobby in order to place [redacted] under arrest. PO Noel Alphonso, PO David Porras, and PO Jesse Williamson of the PSA 4 Anti-Crime team then arrived on scene. PO Alphonso allegedly kneed [redacted] in the groin (Allegation D: Force [redacted]) before Sgt. Montilla and PO Porras took [redacted] to the ground (Allegation E: Force, [redacted], Allegation F: Force, [redacted]). As the officers struggled with [redacted], an officer allegedly pushed [redacted] away (Allegation G: Force, [redacted]). Additionally, PO Porras allegedly punched [redacted] (Allegation H: Force, [redacted]). Finally, Sgt. Montilla used a Taser against [redacted] (Allegation I: Force, [redacted]), bringing the struggle to an end.
Officers brought the five arrestees to vehicle parked outside of [redacted]. As they did so, [redacted]'s mother) approached Sgt. Montilla, who allegedly pushed her away (Allegation J: Force, [redacted]) and said that he would "take [her] to jail" (Allegation K: Abuse of Authority, [redacted]). Read report for details.


Details

Incident: April 28, 2018
Received: April 30, 2018
Closed: April 15, 2019

Reason for contact: PD suspected C/V of violation/crime - street
Location: NYCHA
In NYPD 7th Precinct Manhattan
Outcome: Arrest - disorderly conduct

Witness Officers: Kirk Bishop, Juan Collado, Thomas Cucciniello, Matthew Ferguson, Darya Hall, Kenneth Herrarte, Michael Mancuso, Thomas Mccue, Stephen Patti, Nicholas Rizzo, Sean Robinson, Paul Tanchajja, Antonio Torres, Jesse Williamson
Video evidence collected