Complaint #201902812,
March 14, 2019

Officer: Unknown Officer
Complainant: Hispanic Male, 45-49
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Unknown Officer
Complainant: Hispanic Male, 45-49
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Officer(s) Unidentified
Officer: Banks, Damien
Complainant: Hispanic Male, 45
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Miscellaneous - Subject Resigned
Officer: Mcinnis, Michael
Complainant: Hispanic Male, 45
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mcinnis, Michael
Complainant: Hispanic Male, 45
Allegation: Abuse of Authority: Entry of Premises
CCRB Conclusion: Exonerated
Officer: Pagan, Jonathan
Complainant: Hispanic Male, 45
Allegation: Discourtesy: Word
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Command Lvl Instructions)
NYPD Disposition: No Disciplinary Action-DUP
Officer: Pagan, Jonathan
Complainant: Hispanic Male, 45
Allegation: Force: Gun Pointed
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Command Lvl Instructions)
NYPD Disposition: Formalized Training
Officer: Nunez, Jose
Complainant: Hispanic Male, 45
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Investigator Recommendation: Exonerated
CCRB Board Conclusion: Substantiated (Command Lvl Instructions)
Officer: Vanderpool, Dawin
Complainant: Hispanic Male, 45
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Conclusion: Exonerated
Officer: Mcinnis, Michael
Complainant: Hispanic Male, 45
Allegation: Force: Physical force
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Hispanic Male, 45-49
Allegation: Offensive Language: Other
CCRB Conclusion: Unfounded
Officer: Unknown Officer
Complainant: Hispanic Male, 45-49
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Board Conclusion
Unknown Officer Hispanic Male, 45-49 Abuse of Authority: Entry of Premises Exonerated
Unknown Officer Hispanic Male, 45-49 Abuse of Authority: Search of Premises Officer(s) Unidentified
Banks, Damien Hispanic Male, 45 Abuse of Authority: Entry of Premises Miscellaneous - Subject Resigned
Mcinnis, Michael Hispanic Male, 45 Force: Physical force Exonerated
Mcinnis, Michael Hispanic Male, 45 Abuse of Authority: Entry of Premises Exonerated
Pagan, Jonathan Hispanic Male, 45 Discourtesy: Word Substantiated (Command Lvl Instructions)
CCRB Investigator Recommendation: Exonerated
NYPD Disposition: No Disciplinary Action-DUP
Pagan, Jonathan Hispanic Male, 45 Force: Gun Pointed Substantiated (Command Lvl Instructions)
CCRB Investigator Recommendation: Exonerated
NYPD Disposition: Formalized Training
Nunez, Jose Hispanic Male, 45 Abuse of Authority: Threat of force (verbal or physical) Substantiated (Command Lvl Instructions)
CCRB Investigator Recommendation: Exonerated
Vanderpool, Dawin Hispanic Male, 45 Abuse of Authority: Forcible Removal to Hospital Exonerated
Mcinnis, Michael Hispanic Male, 45 Force: Physical force Unfounded
Unknown Officer Hispanic Male, 45-49 Offensive Language: Other Unfounded
Unknown Officer Hispanic Male, 45-49 Discourtesy: Word Unfounded

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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.

Further details on conclusions.


Penalties

Nunez, Jose
Formalized Training

Pagan, Jonathan
Formalized Training

Summary

On March 17, 2019, at 5:17 p.m., [redacted] was inside his home, located at [redacted] in the Bronx, when officers arrived in response to a report of a robbery that [redacted] allegedly committed in a nearby laundromat. After refusing to open the door for the officers, [redacted] saw Police Officers Jonathan Pagan of the 41st Precinct and Jose Nunez of the 40th Precinct on the fire escape outside his window, where PO Pagan told [redacted] "Open the fucking door right now," (Allegation A: Discourtesy, [redacted]) and pointed his gun at [redacted] (Allegation B: Force, [redacted]). [redacted] got onto the fire escape, where PO Nunez pointed his Taser at [redacted] (Allegation C: Abuse of Authority, [redacted]). An officer allegedly said, "What the fuck? This guy's crazy. Look at him. He looks like a monster," and called [redacted] "the devil" (Allegation D: Offensive Language, [redacted]; Allegation E: Discourtesy, [redacted]). Police Officers Michael Mcinnis, Damien Banks, and other officers of the Emergency Services Unit entered the apartment (Allegations F & H: Abuse of Authority, [redacted]; Allegation G: Abuse of Authority, [redacted]). PO Mcinnis brought [redacted] to the ground (Allegation I: Force, [redacted]) and then allegedly stepped on [redacted]'s back, crushing his left middle finger which was between his chest and the ground (Allegation J: Force, [redacted]). Sergeant Dawin Vanderpool of the 40th Precinct removed [redacted] to the hospital (Allegation K: Abuse of Authority, [redacted]). When [redacted] returned to his apartment, he found some of his belongings out of place, causing him to believe that officers searched his apartment (Allegation L: Abuse of Authority, [redacted]).
PO Nunez ultimately arrested [redacted] for [redacted] (BR20). Read report for details.


Details

Incident: March 14, 2019
Received: April 1, 2019
Closed: October 27, 2020

Reason for contact: PD suspected C/V of violation/crime - bldg
Location: Apartment/house
In NYPD 41st Precinct Bronx
Outcome: Arrest - other violation/crime

Body-Worn Camera evidence collected