Complaint #201806609,
August 3, 2018

Officer: Suarez, Mike
Complainant: Black Male, 22
Allegation: Force: Pepper spray
CCRB Conclusion: Exonerated
Officer: Orellana, Francisco
Complainant: Black Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Olsen, John
Complainant: Black Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Santory, Jose
Complainant: Black Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Santory, Jose
Complainant: Black Male, 22
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Santory, Jose
Complainant: Black Male, 22
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Santory, Jose
Complainant: Black Male, 22
Allegation: Abuse of Authority: Question
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Olsen, John
Complainant: Black Male, 22
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Unsubstantiated
Officer: Olsen, John
Complainant: Black Male, 22
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Olsen, John
Complainant: Black Male, 22
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Suarez, Mike
Complainant: Black Male, 22
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Santory, Jose
Complainant: Black Male, 22
Allegation: Abuse of Authority: Question
CCRB Conclusion: Exonerated
Officer: Suarez, Mike
Complainant: Black Male, 22
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer Complainant Allegation CCRB Conclusion
Suarez, Mike Black Male, 22 Force: Pepper spray Exonerated
Orellana, Francisco Black Male, 22 Force: Physical force Exonerated
Olsen, John Black Male, 22 Force: Physical force Exonerated
Santory, Jose Black Male, 22 Force: Physical force Exonerated
Santory, Jose Black Male, 22 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Santory, Jose Black Male, 22 Abuse of Authority: Stop Unsubstantiated
Santory, Jose Black Male, 22 Abuse of Authority: Question Substantiated (Command Discipline B)
Olsen, John Black Male, 22 Abuse of Authority: Stop Unsubstantiated
Olsen, John Black Male, 22 Abuse of Authority: Frisk Exonerated
Olsen, John Black Male, 22 Abuse of Authority: Search (of person) Substantiated (Command Discipline B)
Suarez, Mike Black Male, 22 Force: Physical force Exonerated
Santory, Jose Black Male, 22 Abuse of Authority: Question Exonerated
Suarez, Mike Black Male, 22 Discourtesy: Word Substantiated (Command Lvl Instructions)

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.
'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.


Penalties

Santory, Jose
Command Discipline - A

Suarez, Mike
No Disciplinary Action-DUP
No penalty

Olsen, John
No Disciplinary Action-DUP
No penalty

Summary

At approximately 2:50 p.m. on August 3, 2018, [redacted] was walking across the intersection next to [redacted] in the Bronx when he was stopped by Sergeant Jose Santory and Police Officer John Olsen of PSA-7 for allegedly jaywalking (Allegation A: Abuse of Authority: [redacted]) (Allegation B: Abuse of Authority: [redacted]). Sergeant Santory asked [redacted] if he was in possession of marijuana (Allegation C: Abuse of Authority: [redacted]). Sergeant Santory asked [redacted] if he was in possession of any weapons (Allegation D: Abuse of Authority: [redacted]). Police Officer Olsen frisked [redacted] (Allegation E: Abuse of Authority: [redacted]). Police Officer Olsen reached into [redacted]'s pocket (Allegation F: Abuse of Authority: [redacted]). [redacted] threw a napkin on the ground and Sergeant Santory stated that they were going to the precinct stationhouse. Sergeant Santory and Police Officer Olsen grappled with [redacted] to attempt to place him into handcuffs (Allegation G: Force: [redacted]) (Allegation H: Force: [redacted]). Sergeant Santory threatened to use a Taser on [redacted] (Allegation I: Abuse of Authority: [redacted]). Police Officer Mike Suarez and Police Officer Francisco Orellana of PSA-7 were driving by, exited their vehicle, and grappled with [redacted] to assist placing him in handcuffs (Allegation J: Force: [redacted]) (Allegation K: Force: [redacted]). Police Officer Suarez deployed O.C. spray in [redacted]'s face (Allegation L: Force: [redacted]). Police Officer Suarez told [redacted] "Don't be a little bitch," three times (Allegation M: Discourtesy: [redacted]). [redacted] was arrested for [redacted] (Board Review 01). He was transported to [redacted] and treated for wrist pain (Board Review 02). Read report for details.


Details

Incident: August 3, 2018
Received: August 13, 2018
Closed: December 20, 2019

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 40th Precinct Bronx
Outcome: Arrest - resisting arrest

Body-Worn Camera evidence collected
Video evidence collected