Complaint #201809730,
November 13, 2018

Officer: Haviland, James
Complainant: Black Male, 23
Allegation: Offensive Language: Race
CCRB Conclusion: Substantiated (Charges)
Officer: Viera, Leonardo
Complainant: Age 21
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Formalized Training
Officer: Haviland, James
Complainant: Black Male, 23
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Charges)
Officer: Brennan, John
Complainant: Black Male, 23
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Viera, Leonardo
Complainant: Black Male, 23
Allegation: Discourtesy: Word
CCRB Conclusion: Substantiated (Command Discipline B)
NYPD Disposition: Instructions
Officer: Viera, Leonardo
Complainant: Black Female, 18
Allegation: Discourtesy: Word
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Haviland, James Black Male, 23 Offensive Language: Race Substantiated (Charges)
Viera, Leonardo Age 21 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Discipline B)
NYPD Disposition: Formalized Training
Haviland, James Black Male, 23 Discourtesy: Word Substantiated (Charges)
Brennan, John Black Male, 23 Discourtesy: Word Substantiated (Command Discipline B)
Viera, Leonardo Black Male, 23 Discourtesy: Word Substantiated (Command Discipline B)
NYPD Disposition: Instructions
Viera, Leonardo Black Female, 18 Discourtesy: Word 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.

Further details on conclusions.


Penalties

Haviland, James
Closed: Previously adjudicated, with discipline, January 13, 2021
APU Closed: Previously adjudicated, with discipline
Forfeit vacation 10 days

Viera, Leonardo
Formalized Training

Brennan, John
Instructions

Summary

On November 13, 2018, at approximately 8:47 p.m., Police Officer John Brennan and Police Officer Mario Guerrero, both of the 63rd Precinct, approached [redacted] and [redacted] in front of 1994 Troy Avenue in Brooklyn. After arresting and placing [redacted] in a marked RMP, Police Officer Leonardo Viera, also of the 63rd Precinct at the time of this incident, threatened to Taser [redacted] (Allegation A: Abuse of Authority – Threat of Force, [redacted]). [redacted] who had a gun on his possession, shot himself in the leg. While attempting to subdue [redacted] PO Haviland called [redacted] a, "Fucking nigger" (Allegation B: Offensive Language - Race, [redacted]). After apprehending and gaining control of [redacted] PO Haviland, PO Brennan, and PO Viera also spoke discourteously to him (Allegations C, D, and E: Discourtesy - Word, [redacted]).
After [redacted] locked herself in [redacted]'s vehicle, PO Viera spoke used profanity while speaking to her (Allegation F: Discourtesy – Word, [redacted]). Ultimately, officers recovered a gun that was on [redacted]'s person. [redacted] and [redacted] and [redacted] were all arrested. [redacted] were taken to the stationhouse and [redacted] was immediately removed to a hospital. Read report for details.


Details

Incident: November 13, 2018
Received: November 21, 2018
Closed: December 3, 2020

Reason for contact: Report-gun possession/shots fired
In NYPD 63rd Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Cynthia Alonzo, Gregory Bacich, Resner Cadet, Anthony Cosenza, Reginald Garner, Mario Guerrero, Tricia Navarrocaraballo, Melissa Oneill, Jonathon Perez, Sun Rah, John Triano, Katherine Wirth, Ardit Ymeri
Body-Worn Camera evidence collected
Video evidence collected