Complaint #201809632,
November 11, 2018

Officer: Diaz, John
Complainant: Black Male, 29
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Unsubstantiated
Officer: Diaz, John
Complainant: Black Male, 29
Allegation: Abuse of Authority: Vehicle search
CCRB Conclusion: Exonerated
Officer: Diaz, John
Complainant: Black Male, 29
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Exonerated
Officer: Ryan, Tyler
Complainant: Black Male, 29
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Ryan, Tyler
Complainant: Hispanic Female, 26
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Lvl Instructions)
Officer: Diaz, John
Complainant: Black Male, 29
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Diaz, John Black Male, 29 Abuse of Authority: Search (of person) Unsubstantiated
Diaz, John Black Male, 29 Abuse of Authority: Vehicle search Exonerated
Diaz, John Black Male, 29 Abuse of Authority: Threat of force (verbal or physical) Exonerated
Ryan, Tyler Black Male, 29 Discourtesy: Word Substantiated (Command Lvl Instructions)
Ryan, Tyler Hispanic Female, 26 Discourtesy: Word Substantiated (Command Lvl Instructions)
Diaz, John Black Male, 29 Abuse of Authority: Frisk 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

Ryan, Tyler
Instructions
Command Level Instructions

Summary

At approximately 12:30 p.m. on November 11, 2018, [redacted] and his girlfriend [redacted] got into a dispute near 42 George Street in Brooklyn. [redacted] called 911 and reported that [redacted] struck her with a bottle. Several officers from the 83rd Precinct, including Sergeant John Diaz and Police Officer Tyler Ryan, responded to the location. [redacted] was sitting in the driver's seat of a parked vehicle when they arrived. The officers told [redacted] to exit the vehicle. When he did not exit, Sergeant Diaz pointed his Taser at [redacted] (Allegation A: Abuse of Authority – Threat of Force, [redacted]). [redacted] eventually exited the vehicle. Sergeant Diaz then allegedly searched [redacted] pants pockets (Allegation B: Abuse of Authority - Search, [redacted]). Sergeant Diaz then frisked [redacted] (Allegation C: Abuse of Authority – Frisk, [redacted]). Sergeant Diaz then searched the interior of [redacted] vehicle (Allegation D: Abuse of Authority – Vehicle Search, [redacted]).
The officers took a statement from [redacted] regarding her dispute with [redacted]. Police Officer Ryan told [redacted] "She's saying all you guys got locked up over some shit a year ago." He later told [redacted] "He's talking shit to you" (Allegations E and F: Discourtesy - Word, [redacted]). After Sergeant Diaz spoke to [redacted] he decided to arrest [redacted] for menacing (Board Review #01: Arrest Report). He was also informed that [redacted] had an active bench warrant [redacted]. Read report for details.


Details

Incident: November 11, 2018
Received: November 16, 2018
Closed: July 19, 2019

Reason for contact: Report of other crime
Location: Street/highway
In NYPD 83rd Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Philip Clottin, Martin Haber, Rafed Khan, Carlos Pacheco
Body-Worn Camera evidence collected
Video evidence collected