Complaint #201901259,
February 6, 2019

Officer: Diazmojica, Johnathan
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Diazmojica, Johnathan
Complainant: Hispanic Male, 32
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Diazmojica, Johnathan
Complainant: Hispanic Male, 32
Allegation: Force: Gun Pointed
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 30-34
Allegation: Abuse of Authority: Search (of person)
CCRB Conclusion: Officer(s) Unidentified
Officer: Hernandez, Petronio
Complainant: Hispanic Male, 32
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Conclusion
Diazmojica, Johnathan Hispanic Male, 32 Abuse of Authority: Forcible Removal to Hospital Exonerated
Diazmojica, Johnathan Hispanic Male, 32 Discourtesy: Word Unsubstantiated
Diazmojica, Johnathan Hispanic Male, 32 Force: Gun Pointed Exonerated
Unknown Officer Hispanic Male, 30-34 Abuse of Authority: Search (of person) Officer(s) Unidentified
Hernandez, Petronio Hispanic Male, 32 Abuse of Authority: Forcible Removal to Hospital 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.
'Officer(s) Unidentified': Unable to identify the officers who committed the alleged misconduct
'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.


Summary

On February 6, 2019, at approximately 5:30 a.m., [redacted] entered the Broadway Junction Subway Station, in Brooklyn. He was shouting loudly, and he was approached by Sgt. Jonathan Diaz-Mojica, of Transit District 33, which has a stationhouse in that station. Sgt. Diaz-Mojica had his firearm out and was pointing it at [redacted] (Allegation A – Force: [redacted]). Sgt. Diaz-Mojica and several unidentified officers took [redacted] to the ground, and allegedly search through the pockets of his clothing (Allegation B – Abuse of Authority: [redacted]). Afterwards, the officers seated [redacted] on a bench inside the Transit District 33 stationhouse. During this time, Sgt. Diaz-Mojica allegedly called [redacted] "Rata," (Allegation C – Discourtesy: [redacted]). Officers brought [redacted] to the hospital as an emotionally disturbed person (Allegations D and E – Abuse of Authority: [redacted]). Read report for details.


Details

Incident: February 6, 2019
Received: February 11, 2019
Closed: September 26, 2019

Reason for contact: PD suspected C/V of violation/crime - subway
Location: Subway station/train
In NYPD 75th Precinct Brooklyn
Outcome: No arrest made or summons issued

Witness Officers: Michael Kolnberger, Ryan Mennor
Video evidence collected