Complaint #201903498,
April 12, 2019

Officer: Lucero, Eduard
Complainant: Black Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Underwood, Malik
Complainant: Black Male, 31
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Underwood, Malik
Complainant: Black Male, 31
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Lucero, Eduard
Complainant: Black Male, 31
Allegation: Offensive Language: Gender
CCRB Conclusion: Unfounded
Recategorized as: Offensive Language: Other
Officer: Lucero, Eduard
Complainant: Black Male, 31
Allegation: Discourtesy: Word
CCRB Conclusion: Unfounded
Officer: Underwood, Malik
Complainant: Black Male, 31
Allegation: Force: Chokehold
CCRB Conclusion: Unfounded
Officer Complainant Allegation CCRB Conclusion
Lucero, Eduard Black Male, 31 Force: Physical force Exonerated
Underwood, Malik Black Male, 31 Force: Physical force Exonerated
Underwood, Malik Black Male, 31 Discourtesy: Word Unsubstantiated
Lucero, Eduard Black Male, 31 Offensive Language: Gender Unfounded
Recategorized as Offensive Language: Other on December 9, 2024
Lucero, Eduard Black Male, 31 Discourtesy: Word Unfounded
Underwood, Malik Black Male, 31 Force: Chokehold 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.
'Unfounded': Evidence suggests that the event or alleged conduct did not occur.
'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 April 12, 2019 at approximately 3:50PM, [redacted] was inside a cell at the 40th Precinct stationhouse when Police Officers Malik Underwood and Eduard Lucero, both assigned to the 40th Precinct, told him to exit the cell and go into a different cell. PO Underwood allegedly told [redacted] to "get the fuck out of the cell" (Allegation A- Discourtesy: [redacted]). PO Underwood and PO Lucero used physical force against [redacted] (Allegations B and C- Force: [redacted]). PO Underwood allegedly used a chokehold against [redacted] (Allegation D- Force: [redacted]). [redacted] was handcuffed and placed back in the cells and told PO Underood and PO Lucero that he would fuck them up if he saw them in his neighborhood. PO Lucero allegedly responded to this by saying, "We just fucked you up, though, what are you gonna do about it?" (Allegation E- Discourtesy: [redacted]). PO Lucero allegedly called [redacted] a "pussy" (Allegation F- Offensive Language: [redacted]). Read report for details.


Details

Incident: April 12, 2019
Received: April 24, 2019
Closed: January 9, 2020
Last Updated: December 11, 2024

Reason for contact: CV already in custody
Location: Police building
In NYPD 40th Precinct Bronx
Outcome: Arrest - other violation/crime

Witness Officers: Dawin Vanderpool
Video evidence collected