Complaint #201806113, July 2018

Incident: July 29, 2018
Received: July 30, 2018
Closed: April 24, 2019


Document: Complaint Closing Report

Reason for contact: C/V intervened on behalf of/observed encounter w/3rd party
Location: Street/highway
In NYPD 34th Precinct Manhattan
Outcome: Arrest - disorderly conduct

Witness Officers: Keith Lynch
Officer: Elsasser, Joshua
Complainant: Hispanic Male, 24
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Mukhtarzada, Hekmatullah
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Interference with recording
CCRB Conclusion: Unfounded
Officer: Falconer, Kevin
Complainant: Hispanic Male, 24
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Elsasser, Joshua
Complainant: Hispanic Male, 24
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Mukhtarzada, Hekmatullah
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Refusal to provide shield number
CCRB Conclusion: Unsubstantiated
Officer: Mukhtarzada, Hekmatullah
Complainant: Hispanic Male, 24
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unfounded
Officer: Falconer, Kevin
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Elsasser, Joshua Hispanic Male, 24 Force: Physical force Substantiated (Command Discipline B)
Mukhtarzada, Hekmatullah Hispanic Male, 24 Abuse of Authority: Interference with recording Unfounded
Falconer, Kevin Hispanic Male, 24 Force: Pepper spray Exonerated
Elsasser, Joshua Hispanic Male, 24 Discourtesy: Word Substantiated (Command Discipline B)
Mukhtarzada, Hekmatullah Hispanic Male, 24 Abuse of Authority: Refusal to provide shield number Unsubstantiated
Mukhtarzada, Hekmatullah Hispanic Male, 24 Abuse of Authority: Refusal to provide name Unfounded
Falconer, Kevin Force: Pepper spray Exonerated

Penalty

Elsasser, Joshua
Command Discipline - B


Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - the alleged conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.