Complaint #201809012,
October 22, 2018

Officer: Burgos, Dennis
Complainant: Black Male, 45
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Herbert, Hugh
Complainant: Black Male, 45
Allegation: Force: Pepper spray
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Burgos, Dennis
Complainant: Black Male, 45
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Exonerated
Officer: Herbert, Hugh
Complainant: Black Male, 45
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Herbert, Hugh
Complainant: Black Male, 45
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Herbert, Hugh
Complainant: Black Male, 45
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Burgos, Dennis
Complainant: Black Male, 45
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Burgos, Dennis
Complainant: Black Male, 45
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Black Male, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Officer(s) Unidentified
Officer: Burgos, Dennis
Complainant: Black Male, 45
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Burgos, Dennis
Complainant: Black Male, 45
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer: Herbert, Hugh
Complainant: Black Male, 45
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Burgos, Dennis
Complainant: Black Male, 45
Allegation: Force: Nonlethal restraining device
CCRB Conclusion: Exonerated
Officer: Burgos, Dennis
Complainant: Black Male, 45
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Herbert, Hugh
Complainant: Black Male, 45
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Herbert, Hugh
Complainant: Black Male, 45
Allegation: Force: Physical force
CCRB Conclusion: Substantiated (Formalized Training)
Officer Complainant Allegation CCRB Conclusion
Burgos, Dennis Black Male, 45 Force: Nonlethal restraining device Substantiated (Formalized Training)
Herbert, Hugh Black Male, 45 Force: Pepper spray Substantiated (Formalized Training)
Burgos, Dennis Black Male, 45 Force: Nonlethal restraining device Exonerated
Herbert, Hugh Black Male, 45 Force: Gun Pointed Exonerated
Herbert, Hugh Black Male, 45 Force: Physical force Exonerated
Herbert, Hugh Black Male, 45 Discourtesy: Word Exonerated
Burgos, Dennis Black Male, 45 Force: Physical force Exonerated
Burgos, Dennis Black Male, 45 Force: Physical force Exonerated
Unknown Officer Black Male, 45-49 Discourtesy: Word Officer(s) Unidentified
Burgos, Dennis Black Male, 45 Discourtesy: Word Substantiated (Formalized Training)
Burgos, Dennis Black Male, 45 Discourtesy: Word Exonerated
Herbert, Hugh Black Male, 45 Discourtesy: Word Substantiated (Formalized Training)
Burgos, Dennis Black Male, 45 Force: Nonlethal restraining device Exonerated
Burgos, Dennis Black Male, 45 Discourtesy: Word Substantiated (Formalized Training)
Herbert, Hugh Black Male, 45 Force: Physical force Exonerated
Herbert, Hugh Black Male, 45 Force: Physical force Substantiated (Formalized Training)

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.

Further details on conclusions.


Penalties

Herbert, Hugh
Instructions

Burgos, Dennis
Instructions

Summary

On October 22, 2018, at approximately 1:30 a.m., near West Broadway Avenue and Chambers Street in Manhattan, Police Officer Dennis Burgos and Police Officer Hugh Herbert of the 1st Precinct sat in their stationary vehicle when [redacted] approached them. [redacted] spat on the officers' vehicle and stated he had a question; the officers engaged with him verbally for some minutes before commanding him to leave the area. [redacted] began to the leave the location but then stopped in the street while still speaking with the officers. PO Burgos then commanded [redacted] to, "Get out the fucking street," and to "Get to the fucking sidewalk" (Allegation A: Discourtesy: [redacted]) [redacted] then left the immediate vicinity without incident.
At approximately 4:38 a.m., in front of 107 Chambers Street in Manhattan, PO Burgos and PO Herbert responded to a radio run of an assault in progress. The officers encountered [redacted] while driving to the location and they recognized him from the earlier encounter. [redacted] pointed westbound on Chambers Street and stated an individual in the vicinity possessed a firearm. The officers drove down the street and approached the individual, who stated they were the victim of the assault in progress. The victim then pointed back at [redacted] and stated he had stolen the victim's jacket. The officers then drove back to [redacted] and approached him. Upon exiting their vehicle, PO Burgos used his taser against [redacted] (Allegation B: Force: [redacted]) and PO Herbert pointed his gun at [redacted] (Allegation C: Force: [redacted]). PO Herbert then holstered his gun and kicked [redacted] (Allegation D: Force: [redacted]). [redacted] backed away from the officers and PO Herbert pepper sprayed him (Allegation E: Force: [redacted]). [redacted] slumped onto a raised ventilation grate and the officers then pulled him down onto the ground (Allegations F-G: Force: [redacted]). The officers commanded [redacted] to place his hands behind his back, and when [redacted] did not comply, PO... Read report for details.


Details

Incident: October 22, 2018
Received: October 29, 2018
Closed: July 23, 2019

Reason for contact: PD suspected C/V of violation/crime - street
Location: Street/highway
In NYPD 1st Precinct Manhattan
Outcome: Arrest - other violation/crime

Body-Worn Camera evidence collected