Complaint #201903851, April 2019

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


Documents:
Complaint Closing Report
NYPD Plea Agreement (Jonathan Arias)
NYPD Plea Agreement (Carlos Zambrano)
NYPD Plea Agreement (Frederick Manney)
APU Quarterly Report summary (Jonathan Arias)
APU Quarterly Report summary (Carlos Zambrano)
APU Quarterly Report summary (Frederick Manney)

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
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)

Penalties

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

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

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


Conclusion Meanings:

'Substantiated': The alleged conduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - CCRB has fully investigated but could not affirmatively conclude both that the conduct occurred and that it broke the rules.

Further details on conclusion definitions.