Complaint #201805943,
July 14, 2018

Officer: Nunez, Fabio
Complainant: Hispanic Male, 33
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Charges)
Officer: Nunez, Fabio
Complainant: Hispanic Male, 33
Allegation: Force: Chokehold
CCRB Conclusion: Unsubstantiated
Officer: Nunez, Fabio
Complainant: Hispanic Male, 33
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Charges)
Officer: Unknown Officer
Complainant: Hispanic Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 30-34
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Nunez, Fabio
Complainant: Hispanic Male, 33
Allegation: Force: Chokehold
CCRB Conclusion: Substantiated (Charges)
Officer: Velsor, Robert
Complainant: Age 27
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Hansler, Shanee
Complainant: Hispanic Male, 33
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Nunez, Fabio
Complainant: Hispanic Male, 33
Allegation: Force: Restricted Breathing
CCRB Conclusion: Substantiated (Charges)
Officer: Nunez, Fabio
Complainant: Hispanic Male, 33
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Charges)
Officer: Nunez, Fabio
Complainant: Hispanic Male, 33
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Charges)
Officer: Nunez, Fabio
Complainant: Hispanic Male, 33
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Charges)
Officer: Nunez, Fabio
Complainant: Hispanic Male, 33
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Charges)
Officer: Nunez, Fabio
Complainant: Hispanic Male, 33
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Charges)
Officer: Nunez, Fabio
Complainant: Hispanic Male, 33
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Charges)
Officer: Nunez, Fabio
Complainant: Hispanic Male, 33
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Charges)
Officer: Nunez, Fabio
Complainant: Hispanic Male, 33
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Charges)
Officer: Nunez, Fabio
Complainant: Hispanic Male, 33
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Charges)
Officer: Nunez, Fabio
Complainant: Hispanic Male, 33
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Charges)
Officer: Nunez, Fabio
Complainant: Hispanic Male, 33
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Charges)
Officer: Nunez, Fabio
Complainant: Hispanic Male, 33
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Charges)
Officer: Nunez, Fabio
Complainant: Hispanic Male, 33
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Charges)
Officer Complainant Allegation CCRB Conclusion
Nunez, Fabio Hispanic Male, 33 Force: Nonlethal restraining device Substantiated (Charges)
Nunez, Fabio Hispanic Male, 33 Force: Chokehold Unsubstantiated
Nunez, Fabio Hispanic Male, 33 Force: Physical force Substantiated (Charges)
Unknown Officer Hispanic Male, 30-34 Force: Physical force Exonerated
Unknown Officer Hispanic Male, 30-34 Discourtesy: Word Officer(s) Unidentified
Nunez, Fabio Hispanic Male, 33 Force: Chokehold Substantiated (Charges)
Velsor, Robert Age 27 Force: Physical force Exonerated
Hansler, Shanee Hispanic Male, 33 Force: Physical force Exonerated
Nunez, Fabio Hispanic Male, 33 Force: Restricted Breathing Substantiated (Charges)
Nunez, Fabio Hispanic Male, 33 Force: Nonlethal restraining device Substantiated (Charges)
Nunez, Fabio Hispanic Male, 33 Force: Nonlethal restraining device Substantiated (Charges)
Nunez, Fabio Hispanic Male, 33 Force: Nonlethal restraining device Substantiated (Charges)
Nunez, Fabio Hispanic Male, 33 Force: Nonlethal restraining device Substantiated (Charges)
Nunez, Fabio Hispanic Male, 33 Force: Nonlethal restraining device Substantiated (Charges)
Nunez, Fabio Hispanic Male, 33 Force: Nonlethal restraining device Substantiated (Charges)
Nunez, Fabio Hispanic Male, 33 Force: Nonlethal restraining device Substantiated (Charges)
Nunez, Fabio Hispanic Male, 33 Force: Nonlethal restraining device Substantiated (Charges)
Nunez, Fabio Hispanic Male, 33 Force: Nonlethal restraining device Substantiated (Charges)
Nunez, Fabio Hispanic Male, 33 Force: Nonlethal restraining device Substantiated (Charges)
Nunez, Fabio Hispanic Male, 33 Force: Nonlethal restraining device Substantiated (Charges)
Nunez, Fabio Hispanic Male, 33 Force: Nonlethal restraining device Substantiated (Charges)
Nunez, Fabio Hispanic Male, 33 Force: Nonlethal restraining device Substantiated (Charges)

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

Nunez, Fabio
Closed: Retained, with discipline, April 6, 2021
APU Closed: Retained, with discipline
Dismissal Probation

Summary

On July 14, 2018, at approximately 11:50 pm, while on the sidewalk outside [redacted] in Manhattan, [redacted] and his friends were approached by Det. Fabio Nunez and PO Shanee Pierce (both of the 34th Precinct), to be summonsed for a noise violation. After a series of exchanges with the officers, [redacted] was arrested by Det. Nunez, who attempted to handcuff him against the side a vehicle. While doing so, Det. Nunez placed [redacted] in a chokehold, causing his breathing to be restricted (Allegations A, B – Force: [redacted]). Det. Nunez then deployed taser prongs on [redacted]s back (Allegation C – Force: [redacted]). Det. Nunez and PO Pierce then struggled with [redacted] over the next several minutes (Allegation D-Force: [redacted]; Allegation E - Force: [redacted]). During this time, Det. Nunez repeatedly tased [redacted] in drive stun mode (Allegation F through Allegation R – Force: [redacted]). Det. Nunez also allegedly used a second chokehold on [redacted] while in the rear. (Allegation S – Force: [redacted]). Det. Nunez eventually took [redacted] to the ground (subsumed - Allegation D) as several backup officers then arrived to further restrain him (Allegation T - Force: [redacted]). At around the same time, PO Robert Velsor (also of the 34th Precinct) pushed [redacted]s girlfriend, against a vehicle (Allegation U-Force: [redacted]). An unidentified officer also used profanity against [redacted] (Allegation V – Discourtesy: [redacted]). Read report for details.


Details

Incident: July 14, 2018
Received: July 23, 2018
Closed: February 25, 2019

Reason for contact: PD suspected C/V of violation/crime - street
Location: Commercial building
In NYPD 34th Precinct Manhattan
Outcome: Arrest - other violation/crime

Witness Officers: Giancarlo Alia, David Callan, Kevin Falconer, Marcos Gonzalez, Nay Htoo, James Kane, Michael Levy, James Ludvick, Daniel Martinucci, Kevin Mccormack, Paul Montali, Hekmatullah Mukhtarzada, Juan Orozco, Emilio Pichardo, Angela Polancobrito, Michael Quinones, Matthew Robayo, Edwin Rodriguez, Christopher Siciliano, Josue Torres
Body-Worn Camera evidence collected
Video evidence collected