Complaint #201904223,
May 9, 2019

Officer: Mariano, Alen
Complainant: Male, 60
Allegation: Force: Physical force
CCRB Conclusion: Unsubstantiated
Officer: Mariano, Alen
Complainant: Male, 60
Allegation: Abuse of Authority: Refusal to provide name
CCRB Conclusion: Unsubstantiated
Officer: Mariano, Alen
Complainant: Male, 60
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Mariano, Alen
Complainant: Male, 60
Allegation: Abuse of Authority: Threat of force (verbal or physical)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Mariano, Alen Male, 60 Force: Physical force Unsubstantiated
Mariano, Alen Male, 60 Abuse of Authority: Refusal to provide name Unsubstantiated
Mariano, Alen Male, 60 Discourtesy: Word Unsubstantiated
Mariano, Alen Male, 60 Abuse of Authority: Threat of force (verbal or physical) Unsubstantiated

Conclusion Meanings:

'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

At approximately 3:00 a.m. on May 9, 2019, [redacted] was sitting in a Q-train subway car that was stopped at the 96th Street subway station in Manhattan, when he was approached by Police Officer Amaury Baez and Police Officer Huaxin Chen, both of Transit District 4 and identified via investigation, who asked if he was okay. He said that he was, and as the officers were walking away, Police Officer Alen Mariano of Transit District 4 came onto the train and told [redacted] to get out or he would throw him out (Allegation A – Abuse of Authority – Threat of Force; [redacted]). When [redacted] refused, PO Mariano grabbed him by the front of his shirt and pulled him up (Allegation B – Force – Physical Force; [redacted]). [redacted] left the subway car on his own and walked up the stairs from the platform. As he walked up the stairs, he asked PO Mariano for his name, but PO Mariano responded with some variation of "John Doe. Go fuck yourself." (Allegation C – Abuse of Authority – Refusal to Provide Name; [redacted]) (Allegation D – Discourtesy - Word; [redacted]). Read report for details.


Details

Incident: May 9, 2019
Received: May 16, 2019
Closed: April 27, 2020

Reason for contact: PD suspected C/V of violation/crime - subway
Location: Subway station/train
In NYPD 23rd Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Amaury Baez, Huanxin Chen
Body-Worn Camera evidence collected
Video evidence collected