Complaint #201903851,
April 23, 2019

Officer: Phillip, Kevin
Complainant: Black Male, 35-39
Allegation: Force: Restricted Breathing
CCRB Conclusion: Unsubstantiated
Officer: Phillip, Kevin
Complainant: Black Male, 35-39
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Zambrano, Carlos
Complainant: Black Male, 35-39
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Arias, Jonathan
Complainant: Black Female, 45-49
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Arias, Jonathan
Complainant: Black Female, 45-49
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Zambrano, Carlos
Complainant: Black Female, 45-49
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Manney, Frederick
Complainant: Black Male, 35-39
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer: Manney, Frederick
Complainant: Black Female, 45-49
Allegation: Abuse of Authority: Failure to provide RTKA card
CCRB Conclusion: Substantiated (Command Discipline A)
Officer: Manney, Frederick
Complainant: Black Female, 45-49
Allegation: Abuse of Authority: Search of Premises
CCRB Conclusion: Substantiated (Command Discipline B)
Officer Complainant Allegation CCRB Conclusion
Phillip, Kevin Black Male, 35-39 Force: Restricted Breathing Unsubstantiated
Phillip, Kevin Black Male, 35-39 Force: Physical force Unsubstantiated
Zambrano, Carlos Black Male, 35-39 Abuse of Authority: Search of Premises Substantiated (Command Discipline B)
Arias, Jonathan Black Female, 45-49 Abuse of Authority: Search of Premises Substantiated (Command Discipline B)
Arias, Jonathan Black Female, 45-49 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Zambrano, Carlos Black Female, 45-49 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Manney, Frederick Black Male, 35-39 Abuse of Authority: Search of Premises Substantiated (Command Discipline B)
Manney, Frederick Black Female, 45-49 Abuse of Authority: Failure to provide RTKA card Substantiated (Command Discipline A)
Manney, Frederick Black Female, 45-49 Abuse of Authority: Search of Premises Substantiated (Command Discipline B)

Conclusion Meanings:

'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.


Penalties

Zambrano, Carlos
Reprimand
Closed: Plea set aside, Formalized Training, March 17, 2023
APU Dismissed
Formalized Training

Arias, Jonathan
Reprimand
Closed: Plea set aside, Formalized Training, March 17, 2023
APU Dismissed
Formalized Training

Manney, Frederick
Reprimand
Closed: Plea set aside, Formalized Training, March 24, 2023
APU Formalized Training
Formalized Training

Summary

On April 23, 2019, [redacted] got into an argument with his wife, [redacted] in [redacted] s apartment located at [redacted] in Brooklyn. [redacted] left the building and found PO Kevin Phillip and PO Shirley Rivas of Housing Bureau Brooklyn Response Team and invited them into her apartment. PO Phillip and PO Rivas ordered [redacted] to leave the apartment. PO Phillip pushed [redacted] onto the couch and restricted his breathing (Allegation A and B – Force: [redacted]). PO Phillip requested assistance and officers from the 90th Precinct, including PO Jonathan Arias, Sgt. Frederick Manney, PO Carlos Zambrano, and PO Francisco Martireyes responded to the location. PO Arias and Sgt. Manney asked [redacted] to search her apartment (Allegations C and D – Abuse of Authority: [redacted]). Sgt. Manney and PO Zambrano searched [redacted] s locked box (Allegation E and F – Abuse of Authority: [redacted]). Following the searches, PO Arias, Sgt. Manney and PO Zambrano did not provide [redacted] with business cards (Allegations G, H, and I - Abuse of Authority: [redacted]).
[redacted] was arrested and charged with trespassing, violating an order of protection, resisting arrest, obstruction of governmental administration, and harassment (BR 27). [redacted] Read report for details.


Details

Incident: April 23, 2019
Received: May 6, 2019
Closed: April 28, 2021

Reason for contact: Report of other crime
Location: NYCHA
In NYPD 90th Precinct Brooklyn
Outcome: Arrest - other violation/crime

Witness Officers: Nicholas Albergo, Paul Asnen, Jonathan Lusky, Francisco Martireyes, Shirley Rivas
Body-Worn Camera evidence collected