| 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 |
Further details on conclusions.
On July 29, 2018, at approximately 4:29 a.m., [redacted] left Made in Mexico, located at 3950 10th Avenue in Manhattan with his brother, [redacted] and others waited for a valet to retrieve [redacted] vehicle. Individuals engaged in a physical altercation, to which PO Kevin Falconer of the 34th Precinct responded and discharged his Oleoresin Capsicum (OC) spray (Allegations A and B -Force: Pepper spray, [redacted] affecting a crowd of multiple individuals, including [redacted].
[redacted] walked towards a BP gas station, located at 3936 10th Avenue, and saw that officers were surrounding [redacted] approached the officers, saw [redacted] on the ground, and asked what happened. Sgt. Hekmatulla Mukhtarzada of the 34th Precinct instructed [redacted] to leave the roadway and get onto the sidewalk. [redacted] requested Sgt. Mukhtarzada's name and shield number, and Sgt. Mukhtarzada replied that he was not required to provide the information (Allegation C -Abuse of Authority: Refusal to provide name, [redacted] (Allegation D -Abuse of Authority: Refusal to provide shield number, [redacted] and told [redacted] that he was not permitted to record video footage of the incident (Allegation E -Abuse of Authority: Interference with recording device, [redacted].
PO Joshua Elsasser of the 34th Precinct instructed [redacted] to leave the roadway and conducted a forcible takedown against him by grabbing hold of his body and pushing him backwards, causing him to strike his body into a nearby vehicle (Allegation F - Force: Physical force, [redacted]. In the process of the forcible takedown, PO Elsasser said, "Now you're under arrest, dumbass" (Allegation G -Discourtesy: Word, [redacted]. PO Elsasser lifted [redacted] body, pressed it onto the hood of another nearby vehicle, and then took him to ground (within Allegation F). [redacted] was handcuffed, transported to the 34th Precinct stationhouse, and released with two summonses for disorderly conduct (Board Review 01).
Read report for details.