Complaint #201807668,
September 5, 2018

Officer: Donato, Anthony
Complainant: Hispanic Male, 26
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Donato, Anthony
Complainant: Hispanic Male, 26
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Donato, Anthony
Complainant: Hispanic Male, 26
Allegation: Offensive Language: Race
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Unknown Officer
Complainant: Hispanic Male, 25-29
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Donato, Anthony Hispanic Male, 26 Force: Physical force Unsubstantiated
Donato, Anthony Hispanic Male, 26 Discourtesy: Word Substantiated (Command Discipline B)
Donato, Anthony Hispanic Male, 26 Offensive Language: Race Substantiated (Command Discipline B)
Unknown Officer Hispanic Male, 25-29 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.
'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

Donato, Anthony
Command Discipline - A

Summary

On September 6, 2018, at approximately 10:30 p.m., inside the 43rd Precinct stationhouse holding cells, officers from the 43rd Precinct used physical force against [redacted] (Allegation A: Force, [redacted]). Sergeant Anthony Donato of the 43rd Precinct allegedly kicked [redacted] in the face (Allegation B: Force, [redacted]), and said to him, "Who is the bozo? You are the one on the ground, you stupid fucking mutt" (Allegation B: Discourtesy, [redacted]; Allegations C: Offensive Language, [redacted]). The criminal case against [redacted] stemming from this incident was consolidated with another case against him, but that case was not listed in the Office of Court Administration (OCA) database. Read report for details.


Details

Incident: September 5, 2018
Received: September 17, 2018
Closed: August 23, 2019

Reason for contact: CV already in custody
Location: Police building
In NYPD 43rd Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Ana Castro, Daniel Diaz, Bory Echanique, Jonathan Falconi, Michael Gatti, Federico Rivera
Body-Worn Camera evidence collected
Video evidence collected